EFFECTIVE FROM FEBRUARY 01, 2022
IF THIS DOCUMENT IS NOT IN A LANGUAGE THAT YOU UNDERSTAND, YOU SHALL CONTACT AALA CABSAT
LEGALAGREEMENTS@AALACABS.COM. FAILURE TO DO SO WITHIN 12 (TWELVE) HOURS FROM THE TIME OF RECEIPT OF THIS
DOCUMENT AND YOUR ACCEPTANCE OF THIS DOCUMENT BY CLICKING ON THE ‘I ACCEPT’ BUTTON SHALL BE CONSIDERED
AS YOUR UNDERSTANDING OF THIS DOCUMENT.
SUBSCRIPTION AGREEMENT
THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF INFORMATION
TECHNOLOGY ACT, 2000 AND RULES THEREUNDER AS APPLICABLE AND THE
PROVISIONS PERTAINING TO ELECTRONIC RECORDS IN VARIOUS STATUTES AS
AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000. THIS ELECTRONIC
RECORD IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES. BY
CLICKING ON THE “I ACCEPT” BUTTON ON THIS ELECTRONIC CONTRACT, YOU ARE CONSENTING TO BE BOUND BY THIS
SUBSCRIPTION AGREEMENT ALONG WITH THE VARIOUS EXHIBITS ATTACHED TO THE SUBSCRIPTION AGREEMENT. PLEASE
ENSURE THAT YOU READ AND UNDERSTAND ALL THE PROVISIONS OF THIS SUBSCRIPTION AGREEMENT AND EXHIBITS
BEFORE YOU START USING THE PORTAL, AS YOU SHALL BE BOUND BY ALL THE TERMS HEREIN UPON CLICKING ON THE
“ACCEPT & CONTINUE” BUTTON ON THIS ELECTRONIC CONTRACT. IF YOU DO NOT ACCEPT ANY OF THE TERMS CONTAINED
HEREIN, THEN PLEASE DO NOT USE THE PORTAL OR AVAIL ANY OF THE SERVICES BEING PROVIDED THEREIN. YOUR
AGREEMENT TO THE SUBSCRIPTION AGREEMENT SHALL OPERATE AS A BINDING AGREEMENT BETWEEN YOU AND AALA CABSIN
RESPECT OF THE SERVICES OF THE PORTAL.
IT IS HEREBY EXPRESSLY CLARIFIED THAT THE PROVISIONS OF THIS
SUBSCRIPTION AGREEMENT WILL NOT APPLY TO YOUR SERVICES PROVIDED FOR ‘AALA CABSCORPORATE’ I.E.,
ARRANGEMENTS ENTERED INTO BY AALA CABSWITH VARIOUS CORPORATE ENTITIES.
This Agreement is made between ALA Cabs and Technologies Private Limited, a company registered under the
Companies Act, 2013 and having its corporate office at Infotech Centre, Shop no.27 Lachmanpora Magarmal
Bagh Road Batamaloo,Srinagar - 190001, India (hereinafter referred to as “AALA CABS” which expression
shall mean and include its representatives, successorsin–office, affiliates and assigns) on the ONE
PART; AND
A transport service provider who is a taxi operator, which provides vehicles on hire and is desirous of
listing itself and its fleet of vehicles on the Portal, details of which are provided in Exhibit A
(“Vehicle(s)”), so as to provide transportation services through the Vehicle(s) to the users of Portal.
The transport service provider has represented that the transport service provider fulfills the
eligibility criteria annexed hereto as Exhibit D and is in compliance with all applicable laws for the
provision of transport services through the Portal.
OR
A transport service provider who is a driver, desirous of listing himself and his vehicle on the Portal,
details of which are provided in Exhibit A (“Vehicle(s)”), so as to provide transportation services
through his Vehicle(s) to the users of Portal. The transport service provider has represented that the
transport service provider fulfills the eligibility criteria annexed hereto as Exhibit D and is in
compliance with all applicable laws for the provision of transport services through the Portal.
(hereinafter referred to as the “Transport Service Provider”) of the OTHER PART.
AALA CABS and the Transport Service Provider shall hereinafter individually be referred to as “Party”
and collectively as “Parties”.
Exhibits ‘A’, ‘B’, ‘C’ and ‘D’ are collectively referred to as ‘Exhibits’.
WHEREAS AALA CABS owns and operates an online market place called “AALA CABS” an online booking
platform, and any upgrades from time to time and any other software that enables the use of the
application or such other URL as may be specifically provided by AALA CABS(“Portal”) that lists and
aggregates the cab service providers and motorcabs registered with it.
AND WHEREAS on the basis of the representations and warranties provided by the Transport
Service Provider, AALA CABS has agreed to list the Transport Service Provider and the Vehicle(s) on the
Portal (“Service Provider App”) to enable the Transport Service Provider to provide transport services
(“Transport Services”) through ‘Service Provider’s App’ in accordance with the terms and conditions as
hereinafter provided.
NOW THEREFORE THE PARTIES HERETO AGREE AS FOLLOWS
I. Scope and Obligations
1. The execution of this Agreement and providing the details in Exhibit A (hereinafter referred to as
“Registration Data”) shall effect in the registration of the Cab Service Provider and the Vehicle(s)
with AALA CABS and shall make the Cab Service Provider eligible for an online account on the Service
Provider’s App (“Account”) for providing Transport Services through the Service Provider’s App.
2. The Transport Service Provider and Vehicle(s) registration with AALA CABS shall at all times be
subject to compliance with the requirements set out in Exhibit D and Exhibit B respectively. The
Transport Service Provider and Vehicle(s) registration with AALA CABS shall further be subject to such
other details and documents in respect of the Transport Service Provider and the Vehicle(s) as is more
fully described in Exhibit A. The Transport Service Provider hereby understands and consents to the
collection, storage and sharing of Aadhaar card and any information extracted therefrom with Third Party
Vendors and/or Government Authorities, for the process of onboarding and background verification.
3. The Transport Service Provider acknowledges and agrees that all rights, obligations and liabilities
of the Transport Service Provider and AALA CABS shall be governed in accordance with this Agreement and
the Transport Service Provider terms and conditions available at the offices of AALA CABS(“Transport
Service Provider T&C”) and, a copy of which is annexed as Exhibit B to this Agreement. The Transport
Service Provider hereby represents that the Transport Service Provider has read and understood this
Agreement and the Transport Service Provider T&C fully and the terms contained therein are agreeable to
the Transport Service Provider.
II. Device
For registration on the Service Provider App, the device of such model and functionality as may be
specified and notified by AALA CABS to the Transport Service Provider, more specifically set out under
the Commercial Term Segment in Exhibit C, may be either provided by AALA CABS or the Transport Service
Provider may bring his own device. The Transport Service Provider hereby agrees that AALA CABS Device or
Non-AALA CABS Device (both the terms defined hereunder), as the case may be, shall be switched on during
the performance of the Service without being any exceptions whatsoever. The provisions relating to AALA
CABS Device / Non-AALA CABS Device shall be as set out below-
1. Non-AALA CABS Device: For registration on the Service Provider App, the Transport Service Provider
may bring his own Non-AALA CABS Device, of such model and functionality as may be specified and notified
by AALA CABS to the Driver (“Non-AALA CABS Device”). In such event AALA CABS will assist the Transport
Service Provider in installing the Service Provider App in the Non-AALA CABS Device brought by the
Transport Service Provider after AALA CABS verifies that the Non-AALA CABS Device meets the requirements
and specifications as required by AALA CABS. AALA CABS shall also instruct the Transport Service
Provider in the use of the Non-AALA CABS Device in respect of the Service Provider App and Portal, if
required. If the Non-AALA CABS Device is stolen, the Transport Service Provider shall ensure that the
Service Provider App and his Account is immediately blocked, suspended or deactivated. In such event,
the Transport Service Provider shall approach AALA CABS’s designated offices with a new Non-AALA CABS
Device for installation of the Service Provider App in the new Non-AALA CABS Device and charge such fee
as may be determined by AALA CABS under clause II(4) of this Agreement.
2. The Transport Service Provider shall not use the Non-AALA CABS Device for any illegal or unlawful
purposes and shall use the Non-AALA CABS Device solely in accordance with the terms of this Agreement.
The Transport Service Provider shall solely be responsible and liable for any violations of law
committed by the Transport Service Provider, misuse of the Non-AALA CABS Device and misuse of the sim
card used in the Non-AALA CABS Device.
3. In the event the Service Provider App is not functioning properly on the Non-AALA CABS
Device, the Transport Service Provider shall immediately deposit the Non-AALA CABS Device only at AALA
CABS’s designated offices for any malfunctions with the Service Provider App and compatibility of the
Non-AALA CABS Device with the Service Provider App.
4. If the Non-AALA CABS Device is damaged and is not repairable due to any act or omission of the
Transport Service Provider, the Transport Service Provider shall immediately approach only AALA CABS’s
designated offices with a new Non-AALA CABS Device for installation of the Service Provider App on the
new Non-AALA CABS Device. In this connection, AALA CABS may charge such fees as may be determined by
AALA CABS for re-installation of the Service Provider App in the Non-AALA CABS Device. Additionally, the
Transport Service Provider may also request AALA CABS to provide an AALA CABS Device, as set out in
clause II(5) below. If the Transport Service Provider is unable to bring a new Non-AALA CABS Device or
obtain an AALA CABS Device in accordance with clause II(5) below, AALA CABS shall be entitled to
terminate this Agreement along with the Exhibits with immediate effect.
5. AALA CABS Device: For registration on the Service Provider App, if the Transport Service Provider
does not have a Non-AALA CABS Device, AALA CABS will provide a device, of such model and functionality
as may be required by AALA CABS. Further, AALA CABS may provide other additional devices to the
Transport Service Provider including but not limited to devices for ‘AALA CABS’, the usage and purposes
of which will be determined and notified by AALA CABS to the Transport Service Provider from time to
time. All the devices provided by AALA CABS to the Transport Service Provider shall be collectively
referred to as “AALA CABS Device(s)”. ‘AALA CABS’ means a proprietary in-car and cloud technology
platform owned and operated by AALA CABS, which is intended to provide a fully connected interactive
experience to the Customer.
6. AALA CABS will assist the Transport Service Provider in installing the Service Provider App and other
programs including but not limited to software, applications, and content, as may be solely determined
by AALA CABS, in the AALA CABS Device(s) provided by AALA CABS. AALA CABS will instruct and train the
Transport Service Provider for use of the AALA CABS Device(s), if required.
7. The Transport Service Provider shall not use the AALA CABS Device(s) for any illegal or unlawful
purposes including but not limited to playing / watching pornographic content on the AALA CABS Device
and shall use the AALA CABS Device(s) solely for purposes determined by AALA CABS and strictly in
accordance with this Agreement. The Transport Service Provider shall solely be responsible and liable
for any violations of law committed by the Transport Service Provider, misuse of the AALA CABS Device(s)
and misuse of the sim card provided, if any, with the AALA CABS Device(s).
8. The Transport Service Provider shall ensure that the AALA CABS Device(s) is maintained in his
possession in a proper manner. AALA CABS may, at its sole discretion, charge such amounts as may be
determined by AALA CABS, as a non-interest bearing security, for the AALA CABS Device(s) provided to the
Transport Service Provider. Further, AALA CABS may, at its discretion, return the security amount to the
Transport Service Provider at the expiration or termination of this Agreement.
9. In the event the AALA CABS Device(s) is not functioning properly or if there is any technical or
safety issue in relation to the AALA CABS Device(s), the Transport Service Provider shall immediately
deposit the AALA CABS Device(s) only at AALA CABS’s designated office for checking the AALA CABS
Device(s) for any malfunctions. If the AALA CABS Device(s) is damaged and is not repairable due to any
act or omission of the Transport Service Provider, the Transport Service Provider shall pay to AALA CABS
amounts, as may be determined by AALA CABS. In order to resolve whether the AALA CABS Device(s) is
damaged due to any act or omission of the Transport Service Provider, AALA CABS will enquire and
investigate the matter in the manner determined by AALA CABS and in this connection, AALA CABS’s
decision shall be final and binding. Upon payment of the foregoing amount, AALA CABS shall provide the
Transport Service Provider with a new AALA CABS Device(s). If the Transport Service Provider is unable
to pay such amount as specified above, the Transport Service Provider shall return the damaged AALA CABS
Device(s) and AALA CABS shall be entitled to terminate the Agreement with immediate effect.
10. In the event the AALA CABS Device(s) is misplaced by the Transport Service Provider or if it is
stolen from Transport Service Provider’s Vehicle, the Transport Service Provider shall promptly notify
AALA CABS in writing and immediately proceed to file an FIR in the police station within the
jurisdiction. Once FIR is filed, Transport Service Provider shall submit the FIR copy along with
amounts, as may be determined by AALA CABS. The Transport Service Provider shall fully cooperate with
AALA CABS and the authorities during investigation process in relation to the misplaced or stolen AALA
CABS Device(s). In the event Transport Service Provider fails to file an FIR for loss of AALA CABS
Device(s) or if in AALA CABS’s opinion, fails to cooperate with AALA CABS and authorities, AALA CABS
shall be entitled to terminate the Agreement with immediate effect, without prejudice to AALA CABS’s
rights under this Agreement and under applicable law.
11. Upon termination of this Agreement or deactivation of your Account, the Transport Service Provider
shall immediately return the AALA CABS Device(s) and in any event not later than 24 (Twenty Four) hours
from the date of such termination or deactivation.
12. The Transport Service Provider shall not create any lien, pledge, encumbrance or other third party
security interests in any manner on AALA CABS Device(s).
13. The Transport Service Provider shall be responsible for the safety and security of the AALA CABS
Device(s).
14. The Transport Service Provider shall use the AALA CABS Device(s) with due care and caution and not
do anything or permit anything to be done that may cause damage to the AALA CABS Device(s) or that is
contrary to the instructions and training provided to the Transport Service Provider in relation to the
use of AALA CABS Device(s).
15. AALA CABS shall be entitled to call upon the Transport Service Provider for review and inspection of
the AALA CABS Device(s). On being called upon, Transport Service Provider shall report to the designated
offices of AALA CABS within two (2) days from the date of request from AALA CABS. The Transport Service
Provider shall fully cooperate with AALA CABS in conducting such inspection of the AALA CABS Device(s).
In the event, the Transport Service Provider fails to produce the Vehicle for inspection within the
prescribed timeline set out in this Clause II(13) or doesn’t cooperate with AALA CABS for inspection,
AALA CABS shall be entitled to take legal action under this Agreement and applicable laws.
III. Representations and Warranties
1. The Transport Service Provider represents and warrants that the Transport Service Provider is the
registered owner or the lessee, as the case may be, of the Vehicle(s) and permit holder for the
provision of Transport Services of the Vehicle(s).
2. The Transport Service Provider represents and warrants that the Transport Service Provider has all
requisite power and authority to deliver and perform the obligations imposed herein.
3. The Transport Service Provider represents and warrants that entering into and performance of the
transactions contemplated by this Agreement and Transport Service Provider T&C does not and will not
conflict with any law or regulation applicable to the Transport Service Provider or any guidelines,
rules, regulations including any judicial, official, governmental and/ or statutory and/or regulatory
orders and/or judgments whether interim, final or otherwise or with any other contract to which the
Transport Service Provider is a party.
4. The Transport Service Provider warrants that the AALA CABS Device(s) given to him by AALA CABS will
be maintained in his possession in a proper manner. The Transport Service Provider shall ensure
Transport Service Provider’s continued performance under this Agreement is not compromised with.
5. The Transport Service Provider hereby expressly agrees that the Transport Service Provider shall not
use the Device for any illegal purposes.
6. The Transport Service Provider warrants that the Devices (AALA CABS Device(s) or Non-AALA CABS
Device) will be used only for the purpose set out under this Agreement.
7. The Transport Service Provider represents and warrants that the Transport Service Provider has not
been convicted by any court in India for any cognizable offence or an offence punishable with
imprisonment for more than 3 years, under the laws of India.
IV. Disclaimer
1. You agree that AALA CABS’s role is limited to (a) managing and operating the Portal and the Service
Provider App and being a market place solely for the display of the Transport Services in the manner
decided by AALA CABS unilaterally, (b) being an online booking platform facilitating the provision of
Transport Services by the Transport Service Provider to the users of the Portal, and (c) payment
collection through an e-wallet to facilitate the transactions between Transport Service Provider and the
users of Portal. Accordingly, AALA CABS is merely an intermediary providing online marketplace services
and the Service Provider App is only a platform where Transport Service Provider shall offer Transport
Services to the users on execution of the Agreement and registration and acceptance by users of the
customer terms and conditions on the Portal.
2. AALA CABS disclaims and shall disclaim all representations and warranties to the Transport Service
Provider, of any kind, whether express or implied as to condition, suitability, quality, merchantability
and fitness for any purposes in respect of the AALA CABS Device(s), Service Provider’s App and Portal or
the services provided through the Service Provider App on the Portal and accordingly, disclaims all
liabilities, whether civil, criminal, tortious, or otherwise, that may accrue as a consequence of the
use and access of AALA CABS Device(s), Service Provider’s App and Portal.
3. To the extent permissible under applicable laws, AALA CABS disclaims and shall disclaim all
liabilities, whether civil, criminal, tortious, or otherwise, that may accrue as a consequence of the
breach by the Tansport Service Provider (a) of the applicable laws in respect of the Transport Services;
(b) of the terms of the applicable licenses and permits that are issued by the transport authorities;
(c) of the terms of the Transport Service Provider T&Cs; or (d) of the duty of care the Transport
Service Provider owes to the users of the Portals.
4. AALA CABS does not warrant to the Transport Service Provider that the Transport Service Provider will
be able to use the AALA CABS Device(s), Service Provider App on the Portal at all times or locations or
that the AALA CABS Device(s) and Service Provider App on the Portal and the Transport Services provided
through the Service Provider App on the Portal will be uninterrupted or virus free or error-free or free
from any technical glitches or malicious software and that the defects will be corrected by AALA CABS.
V. Payment Terms
In consideration of AALA CABS providing the Transport Service Provider’s and the Vehicle’s information
on the Portal, and for enabling the Transport Service Provider to provide Transport Services through
Service Provider App on the Portal, various payments, more particularly set out in the Commercial Terms
Segment annexed hereto as Exhibit C, between the Transport Service Provider and AALA CABS(“Fees”) shall
be settled in the manner set out and paid in the manner set out in the Commercial Terms Segment annexed
hereto as Exhibit C.
VI. Confidentiality
The Transport Service Provider acknowledges that pursuant to this Agreement, the Transport Service
Provider will have access to confidential information of AALA CABS and its affiliates, which has been
provided by AALA CABS. The Transport Service Provider undertakes to keep confidential all data and other
confidential information of AALA CABS and shall not sell or otherwise make that information available to
any third party. Confidential information shall mean and include all information, whether verbal or
written, disclosed to the Transport Service Provider by AALA CABS or Portal users, as the case may be,
but not be limited to Portal users details (i.e., Personal Information and sensitive personal
information as defined under the Information Technology (Reasonable Security Practices and Procedures
and Sensitive Personal Information) Rules, 2011), phone numbers, market information, all work products
and documents related thereto, the contents of the Service Provider App / Portal or any other
information, whether provided orally or in writing, received or to be received by the Transport Service
Provider. Further, the Confidential Information at no times can be disclosed to any party in the same or
similar business as that of AALA CABS
(“Competitor”). In the event, AALA CABS becomes aware that the Confidential Information has been
disclosed to a Competitor or has been used for the benefit/interest of the Competitor, AALA CABS can
claim such direct and indirect damages as it may suffer due to such losses.
VII. License and Proprietary Rights
1. License Grant: Subject to the terms and conditions of this Agreement, AALA CABS hereby grants the
Transport Service Provider a limited, non-exclusive, non-transferable, non-sub licensable,
non-assignable license, during the term of this Agreement, to the Service Provider App on the Portal of
AALA CABS solely for the purpose of providing Transport Services to the Portal users and also for
settlement of Fees between AALA CABS and Transport Service Provider. All rights not expressly granted to
the Transport Service Provider are reserved by AALA CABS.
2. Ownership. The Portal, Service Provider App and Confidential Information, including but not limited
to all intellectual property rights such as company name, logos, product and service names, trademarks,
services marks or other indicia of ownership (“AALA CABS Intellectual Property”), shall remain (as
between the Transport Service Provider and AALA CABS) the property of AALA CABS. Neither this Agreement,
the Transport Service Provider T&C nor Transport Service Provider’s use of the Portal and Service
Provider App conveys or grants to the Transport Service Provider any rights: (a) in or related to the
Portal and Service Provider App, except for the limited license granted above; or (b) to use or
reference in any manner AALA CABS’s Intellectual Property.
3. The Transport Service Provider agrees that it shall not reproduce, transcribe or make any copies of
the AALA CABS Intellectual Property, in any form or manner and not copy or reverse engineer, or attempt
to derive the composition or underlying information, structure or ideas of any such AALA CABS
Intellectual Property.
VIII. Indemnification
1. The Transport Service Provider agrees and undertake to indemnify and to hold harmless AALA CABS and
other parties determined by AALA CABS, AALA CABS affiliates, successors, agents, assigns, and each of
their directors, officers, employees, associates, agents, and representatives from and against any
losses, damages, liability, claims, costs, penalty and expenses (including, without limitation,
reasonable attorneys’ fees) incurred by reason of (i) any breach or alleged breach by the Transport
Service Provider of the Transport Service Provider’s obligations, responsibilities, representations, or
warranties under the Subscription Agreement and/or Transport Service Provider T&C; (ii) breach of any
service level commitments provided in Exhibit B; (ii) any infringement or unauthorized use of
intellectual property rights of AALA CABS including but not limited to infringement of intellectual
property rights of AALA CABS in the Service Provider App or Portal (iii) any breach of the
confidentiality obligations of the Transport Service Provider under this Agreement or Transport Service
Provider T&C (iv) any violation of the applicable law, applicable license and permit terms of the
transport authorities; (v) any violation of AALA CABS policies by the Transport Service Provider; (vi)
any harm to the reputation and goodwill of AALA CABS directly attributable to the Transport Service
Provider; (v) damage, unauthorized use or loss of the Service Provider App in the Device; (vii) death,
fraud, theft, misconduct, negligence or deficiency of Transport Services by the Transport Service
Provider; any negligent act or omission committed in the course of Transport Services hereunder, or any
misrepresentation made during the course of Transport Services hereunder; (xi) personal injury to or
property damage of user of Portal including but not limited motor accident claims, if any, asserted
against AALA CABS and its associates by reason of the use and operation of Transport Service Provider’s
Vehicle(S); (viii) civil or criminal offense under law or in the opinion of AALA CABS; (xii) failure of
the Transport Service Provider to make tax payments in accordance with applicable laws.
2. The Transport Service Provider shall be liable to indemnify and hold AALA CAB Sharmless against all
damages, losses, costs and expenses incurred by AALA CABS as a consequence of any complaint from any
user of the Portals received by AALA CABS with respect to deficient Transport Services.
3. Notwithstanding anything contained in this Agreement, however, subject to applicable laws, the total
aggregate liability of AALA CABS under this Agreement or Transport Service Provider T&C whether in
contract (including in respect of the indemnity), tort (including negligence or breach of statutory
duty), misrepresentation, restitution or otherwise, arising out of or in connection with the performance
or contemplated performance of this Agreement shall be limited to INR 1000/- (Rupees One Thousand).
IX. Specific Indemnity
The Driver shall be solely liable for any and all accidents/incidents involving the Vehicle, while
providing the taxi Services. AALA CABS shall not be held liable for any such accidents/ incidents
involving the Driver’s Vehicle.
All miscellaneous expenses pertaining to the Vehicle, such as maintenance expenditures, penalty for
violation of traffic rules, etc., shall be borne solely by the Driver, and AALA CABS shall not be held
liable or responsible for the same.
X. Entire Agreement
This Agreement along with, various Exhibits and Transport Service Provider T&C, which Exhibits and
Transport Service Provider T&C will be e-contracts, shall form the entire agreement between the Parties
and shall supersede and override all previous communications, either oral or written, between the
Parties with respect to the subject matter of this Agreement, and no agreement or understanding varying
or extending the same shall be binding upon any Party hereto unless arising out of the specific
provisions of this Agreement or Transport Service
Provider T&C. In the event of any contradiction between the terms contained under this Agreement and the
Transport Service Provider T&C, the terms of the Transport Service Provider T&C shall prevail.
XI. Term and Termination
1. This Agreement shall be valid for a period of 5 (five) years and shall be renewed automatically,
unless otherwise agreed between the Parties.
2. The Parties to this Agreement shall be entitled to terminate this Agreement with a prior written
notice of 30 (thirty) business days to the other Party without assigning any reason for the termination.
3. AALA CABS shall be entitled to terminate this Agreement immediately for breach of any terms in this
Agreement by the Transport Service Provider.
4. Upon termination of this Agreement, the registration of the Transport Service Provider with AALA CABS
shall stand cancelled and the Account shall be terminated and the Transport Service Provider shall not
be eligible to ply his Vehicle(s) on the Service Provider App on AALA CABS’s Portal.
XII. Notice
1. 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:
i. By electronic mail.
For the purposes of this sub-clause the Parties’ electronic mail addresses shall be the following,
unless otherwise intimated by the Parties to each other,
AALA CABS: support@aalacabs.com;
Transport Service Provider: As provided during attachment.
ii. By SMS sent to mobile number at:
AALA CABS: Not Applicable;
Transport Service Provider: As provided during attachment.
iii. By hand, against a written acknowledgement of receipt by the receiving Party.
iv. By registered mail.
2. In the event the delivery of the notice is attempted to be made by means set out in clauses
XI(1)(iii) and (iv) by the Party, the notice shall be deemed delivered on the third day from the date of
the notice.
XIII. Relationship between Parties
i. During the Term of this Agreement, the Transport Service Provider shall operate as and have the
status of an independent contractor and shall not act as, be or construed to be an agent or employee of
AALA CABS. The relationship between the Parties is on a principal-to-principal basis, and none of the
provisions of this Agreement shall be interpreted as creating the relationship of employer and employee
between the Transport Service Provider and AALA CABS at any time, under any circumstances or for any
purpose. Therefore, the Transport Service Provider will not be entitled to any employee benefits,
statutory or otherwise, offered by AALA CABS to its employees including but not limited to wages,
vacation pay, sick leave, retirement benefits, social security, worker's compensation, health or
disability benefits, or employee benefits of any kind. The Transport Service Provider shall be
responsible for the payment of all applicable taxes to which he may be subject as an independent
contractor.
ii. The Transport Service Provider agrees not to assume or create any obligation or responsibility,
express or implied, on behalf of or in the name of AALA CABS. The Transport Service Provider does not
have the authority to create, modify or terminate a contractual relationship(s) between AALA CABS and
any third party or act for or bind AALA CABS in any respect. Any act of the Transport Service Provider
on behalf of AALA CABS which may be regarded as over and above the duties and responsibilities as
provided in this Agreement, shall be deemed to be unauthorized, unlawful and the Transport Service
Provider shall be personally liable for the same.
XIV. Governing Law and Dispute Resolution
1. If any dispute arises between the Transport Service Provider and AALA CABS, in connection with, or
arising out of, this Agreement, the dispute shall be referred to arbitration under the Arbitration and
Conciliation Act, 1996 (Indian) to be adjudicated by a sole arbitrator to be appointed by AALA CABS.
Arbitration shall be held in Srinagar. The proceedings of arbitration shall be in the English language.
The arbitrator’s award shall be final and binding on the Parties.
2. This Agreement shall be governed by and construed in accordance with the laws of India. Subject to
clause XII (1), the courts in Srinagar shall have the exclusive jurisdiction in connection with this
Agreement.
3. In addition to above remedies, AALA CABS shall be entitled to an interim injunction, restraining
order or such other equitable relief as a court of competent jurisdiction may deem necessary or
appropriate to restrain Transport Service Provider from committing any violation of the covenants and
obligations set out in this Agreement. These injunctive remedies are cumulative and are in addition to
any other rights and remedies AALA CABS may have at law or in equity.
XV. Amendment
AALA CABS may amend the provisions of this Agreement and Exhibits annexed to this Agreement at its own
discretion and notify in accordance with the means provided in clause XI such amendments to the
Transport Service Provider.
EXHIBIT-A
DETAILS OF VEHICLE AND THE TRANSPORT SERVICE PROVIDER
Part I- Details of Vehicle:
A. Information to be provided:
- Vehicle’s license plate number;
- Chassis or engine number;
- Such other information as may be required by AALA CABS.
B. Documents to be provided:
- PUC;
- sale deed;
- passbook or cancelled cheque;
- Copy of Certificate of Registration;
- Copy of Certificate of Fitness;
- Copy of permit, as may be required under applicable law, to ply the Vehicle;
- Road tax reciepts;
- Copy of commercial insurance policy covering the third party risks; and
- Such other documents as may be required by AALA CABS.
Part II- Details of the Transport Service Provider: A. Information to be provided:
Name:
Permanent Address:
Current Address:
Phone no.:
Email id:
Bank Account details of the Transport Service Provider (Bank name, account number and IFSC Code);
Bank Account details of the Beneficiary (if any);
Contact details of 2 (two) family members of the Transport Service Provider; and Such other documents/
information as may be required by AALA CABSB. Documents to be provided:
- A passport size photograph of the Transport Service Provider;
- Copy of valid Driving License of drivers who will be employed by Transport Service Provider to provide
services on AALA CABS platform;;
- Copy of the Public Service Badge issued by the relevant Transport Department of drivers who will be
employed by Transport Service Provider to provide services on AALA CABS platform; -Copy of the Police
verification report of the drivers who will be employed by Transport Service Provider to provide
services on AALA CABS platform. Provided that, for purposes of the police verification, if AALA CABS or
AALA CABS’s authorized agency is assisting the Transport Service Provider with police verification
process, the Transport Service Provider authorizes AALA CABS or AALA CABS’s authorized agency, as the
case may be, for appearing, sigining and executing documents in respect of police verification of the
Transport Service Provider from time to time;
- Self attested copy of the EPIC Card;
- Self attested copy of PAN Card of Transport Service Provider;
- Copy of residential proof such as utility bill, ration card, passport etc. of the Transport
Service Provider’s and drivers employed by Transport Service Provider to provide services on AALA CABS
Platform;
- Passbook or cancelled cheque of Transport Service Provider;
- Vehicle ownership document and
- Such other documents/ information as may be required by AALA CABS.
Notes:
*Complete details on the AALA CABS Registration Page at partners .aalacabs.com
**In case of operator attachments, for Part I) and Part II (B), please provide information / documents
of all the Vehicles / drivers proposed to be used for Transport Services.
***The Exhibit A is not appliable to the existing Transport Service Providers, whose information /
documents are already available with AALA CABS. Provided that if any information / document listed in
the Exhibit A was not provided by the existing Transport Service Provider at the time of attachment to
AALA CABS Portal, the Transport Service Provider shall contact the nearest AALA CABS attachment offices
and submit such information / documents to AALA CABS.
EXHIBIT-B
TRANSPORT SERVICE PROVIDER TERMS AND CONDITIONS
DRIVER TERMS AND CONDITIONS
These Terms and Conditions (as defined) shall be applicable as set out below-
1. If the Transport Service Provider (as defined in the Subscription Agreement) is an Operator providing
Services to the Customers through the Drivers employed by the Operator, these Terms and Conditions shall
be interpreted in the manner so as to apply to the Operator as well as to the Drivers employed by the
Operator; and
2. If the Transport Service Provider is an individual providing Services to the Customers directly,
these Terms and Conditions shall be interpreted in the manner so as to apply to an individual Transport
Service Provider Operator.
DEFINITIONS:
All of the defined and capitalized terms in these Driver T&C will have the meaning assigned to them
herein below. Any term not defined here shall have the meaning assigned to it in the Subscription
Agreement.
“Acceptance” means your affirmative action of clicking on the box against the words “ACCEPT & CONTINUE”
provided at the end of these Driver T&C, by which action, you unequivocally accept the Driver T&C and
any modifications thereof.
“Account” refers to the account created by AALA CABS at its sole discretion, for the Driver subsequent
to the Driver submitting and AALA CABS verifying the Registration Data
“Applicable Laws” shall mean and include all applicable statutes, enactments, acts of the legislature or
the Parliament, laws, ordinances, rules, by-laws, regulations, notifications, guidelines, policies,
directions, directives and orders of any Governmental authority, tribunal, board, or a court, in India.
“Booking” shall mean the allotted Service Request.
“Business Day” means a day on which banks are open for business in the City of Operation. “Cancellation
Fee” shall mean the fare payable by the Customer towards cancellation of a Booking made by a Customer.
“City of Operation” shall mean the city in which the Subscription Agreement is executed by and between
the Driver and AALA CABS.
“Commercial Term Segment” shall mean Exhibit C of the Subscription Agreement, which contains the
commercial terms for Service provided by the Drivers.
“Content” shall have the meaning given to it in 7.1.
“Convenience Fee” shall mean the fee payable by the Customer for availing the technology services
offered by AALA CABS. Convenience Fee will be charged for each Service Request placed by the Customer on
the Portal.
“Customer” shall mean such person, who places a Service Request on the Portal and has accepted the
Customer Terms of Use and Privacy Policy of the Portals (as applicable).
“Customer’s Terms of Use” shall mean the Customer Terms and Conditions as provided on the AALA CABS
Portal for availing the Service.
“Device” shall mean AALA CABS Device or Non-AALA CABS Device, as the case may be, used for performance
of the Services.
“Driver” or “You” or “Your” or “Yourself” shall mean an individual, who has an Account with AALA CABS
and in the event of Operator Drivers, shall include the Operator Drivers for purposes of compliance with
these Terms and Conditions.
“Driver App” means the electronic interface on the AALA CABS Portal from where the Driver’s Account is
accessible to the Driver. Login credentials (User ID and Password) for the Driver App shall be provided
by AALA CABS.
“Driver Proceeds” shall mean the net amount receivable by the Driver after deduction of AALA CABS’s
commission and such other amounts as may be provided in the Commercial Terms Segment or notified
otherwise.
“Fare” shall mean the Fare payable to the Transport Service Provider as is also reflected on the Device
after completion of the Service. The Driver permits AALA CABS to review and revise the Fare as per the
market conditions.
“Force Majeure” shall have the meaning given to in Clause 16.4.
“Information” shall mean the details furnished by the Driver at the time of signing the
Subscription Agreement and/or otherwise during and after the Drivers registration on the Driver App on
the Portal and successful creation of an Account.
“AALA CABS” or “We” or “Us” or “Our” shall mean ALA Cabs and Technologies Private Limited, a company
incorporated under the Companies Act 2013, and having its registered office at Shop no.27 Lachmanpora
Magarmal Bagh Road Batamaloo, Bangalore 190001, India, which expression shall, unless it be repugnant to
the context or meaning thereof, be deemed to mean and include all its successors, affiliates and
permitted assigns.
“AALA CABS” shall mean a proprietary in-car and cloud technology platform owned and operated by AALA
CABS, which is intended to provide a fully connected interactive experience to the Customer.
“Operator” shall mean a transport service provider who has listed himself / itself and his / its fleet
of vehicles on the Portal to provide Services to the Customers through the Drivers employed by the
Operator.
“Operator Drivers” shall mean the Drivers employed by the Operator for providing Services to the
Customers.
Parties” shall mean, collectively, the Driver and AALA CABS and “Party” shall refer to any one of them.
“Portal” shall mean such features of the AALA CABS mobile application or other programs, software,
mobile applications including but not limited to AALA CABS, Driver App, owned by, licensed to and
controlled by AALA CABS, and other URLs as may be specified by AALA CABS from time to time.
“Posted Content” shall have the meaning given to in Clause 7.4.
“Service” means the service of picking a Customer from the pick-up point as prompted on the Device and
dropping the Customer at the drop point entered by the Customer at the time of placing his / her Service
Request and accepted by the Driver.
“Total Ride Fee” shall include the Fare, the Convenience Fee, Additional Fee (if any) and the
Cancellation Fee (if any), reflected on the Device and such other fee, as may be applicable. “Service
Request” means a request placed by the Customer on the Portal to avail the Service offered by the
Driver.
“Subscription Agreement” shall mean the agreement entered into between AALA CABS and the Driver /
Operator pursuant to which the Driver / Operator has agreed to provide transport Services in accordance
with these Driver T&C, as amended from time to time.
“Subscription Amount” shall mean the amount paid by the Driver at the time of subscription to Portal of
AALA CABS, if any.
“AALA CABS Policies” means the “Privacy Policy”, Zero Tolerance Policy & such other policies (including
any amendments thereof), which AALA CABS may issue and make applicable to Driver from time to time and
make available to the Driver on the Driver’s request.
“Term” means the period commencing from the date of acceptance of the Driver T&C by the Driver up to the
date of termination of the Subscription Agreement and/or these Driver T&C.
“Terms and Conditions” or “Driver T&C” refers to these Driver T&C which are available at the Portal, as
may be amended from time to time.
“Vehicle” shall mean ‘Motorcabs’ as defined under the Motor Vehicles Act, 1988.
“Wallet” shall mean the prepaid payment instruments available for payments in the AALA CABS Portal.
“Zero Tolerance Policy” shall mean the policy of AALA CABS as detailed under the Annexure to these
Driver T&C, as may be amended from time to time.
1. APPLICABILITY OF DRIVER T&C
These Driver T&C together with the Subscription Agreement, Commercial Term Segment, Zero
Tolerance Policy, AALA CABS Policies, shall be deemed to be incorporated by reference into these
Driver T&C and shall form the complete understanding between the Parties. By accepting the Driver T&C,
You acknowledge and agree to the Subscription Agreement and various Exhibits to the Subscription
Agreement, AALA CABS Policies and any other policy that AALA CABS makes applicable to You from time to
time, to the fullest extent possible. Additionally, You hereby understand and consent to the collection,
storage and sharing of Aadhaar card and any information extracted therefrom with Third Party Vendors
and/or Government Authorities, for the process of onboarding and background verification.
2. SCOPE OF SERVICES
2.1 You agree that AALA CABS’s role is limited to being a market place solely for managing and operating
the Portal for the display of the Service in the manner decided by AALA CABS unilaterally, payment
collection through cash, or Wallet to facilitate the transactions between You and the Customers.
Accordingly, AALA CABS is merely an intermediary providing online marketplace services and the Portal is
only a platform where You shall offer Service to the Customers. The contract for availing the Service
shall be a contract solely between You and the Customer. At no time shall AALA CABS have any obligations
or liabilities in respect of such contract.
2.2 The Driver confirms and undertakes that AALA CABS does not own or in any way control the
Vehicle used by a Driver rendering the said Service to the Customer. AALA CABS shall not be held liable
or responsible in any manner whatsoever for any insufficiency or deficiency of the Service rendered by
the Driver to the Customer. AALA CABS does not make any representations or warranties regarding the
quality of the Service provided by You.
3. SERVICE REQUESTS
3.1 On receipt of a Service Request, Booking will be allotted to the Driver on the Device or in such
other manner as may be agreed between the Driver and AALA CABS from time to time.
3.2 The Driver shall duly complete all Bookings allotted in connection with the Services and promptly
notify AALA CABS immediately by means of short message service / telephonic calls of any changes /
deviations to the Booking, which may affect the provision of the Service.
3.3 In the event the Driver requires any assistance in connection with the Portal, Service Requests,
Service etc. therein, he / she should contact the AALA CABS call centre. If the assistance pertains
specifically to the Device, Driver App, Portal or anything therein, then such issue may be directed to
the call centres of AALA CABS.
3.4 Upon a Service Request being allotted to the Driver on the Driver App, AALA CABS may provide to the
Customer, the picture of the Driver, details of the Vehicle including vehicle number and model, mobile
phone number of the driver and such other information as required under Applicable Laws or as AALA CABS
may deem fit, as the case may be, required by the Customer to identify the Driver and Vehicle.
3.5 Once a Booking is allotted, AALA CABS will provide the Driver with the necessary Customer
information in order to enable the Driver to satisfactorily provide the Service. Such information shall
be treated as confidential information in terms of Clause 13 below.
3.6 In the event, the Driver is a female; the Driver shall not accept Service Requests from 20:00 hours
in the evening to 08:00 hours in the morning.
4. COMMUNICATION
4.1 When You use the Driver App on AALA CABS’s Portal or send emails or other data, information or
communication to AALA CABS, You agree and understand that You are communicating with AALA CABS through
electronic records and You consent to receive communications via electronic records from AALA CABS
periodically and as and when required. AALA CABS may communicate with You by email or by such other mode
of communications, electronic or otherwise.
4.2 You hereby expressly consent to receive communication from AALA CABS through Your registered phone
number and/or e-mail id. You consent to be contacted by AALA CABS via phone calls/ SMS notifications.
You agree that any communication so received by You from AALA CABS will not amount to spam, unsolicited
communication or a violation of Your registration on the ‘national do not call registry’.
4.3 By registering with AALA CABS, You hereby agree to (i) provide Information that AALA CABS has a
legal duty to request from a Driver on account of the Know Your Customer norms under Applicable Laws
including without limitation your Permanent Account Number (PAN); and (ii) undertake due diligence and
update Yourself on Applicable Laws that may have implications on Your liability as a Driver.
4.4 You acknowledge and agree that Your Information may be transferred or stored in a server outside
India or the country where You are located in order to perform AALA CABS’s obligations under these
Driver T&C.
5. OBLIGATIONS OF THE DRIVER
5.1 The Driver shall ensure and confirm that he understands the language of the Driver App / Portal and
shall ensure that he/she chooses the language that he bests understands from amongst the languages that
the Driver App / Portal supports.
5.2 The Service provided through the Portal by the Driver shall be of the highest quality as per
industry standards and in accordance with the oral and written requirements of AALA CABS. The Driver
shall be liable for any loss caused to AALA CABS and/or the Customer due to negligence of the Driver in
the performance of the Service.
5.3 The Driver be deemed to be informed and shall also strive to stay informed about conditions such as
bandhs, strikes, curfews, traffic disruptions, weather conditions and the like that could affect the
Service. The Driver shall, immediately intimate AALA CABS, and disclose any such aforesaid calamity that
he may become aware of.
5.4 The Driver shall provide the Service to the Customers in a courteous, effective and timely manner.
5.5 The Driver shall ensure registration of Vehicle at all times and shall hold and keep updated /
renewed all licenses, insurance and permits necessary for the use of Vehicle on the Portals.
5.6 The Driver shall not undertake or assist in any unlawful or illegal activity while performing
Services.
5.7 The Driver, or any Transport Service Provider shall not allow unauthorized persons to drive the
Vehicle. AALA CABS reserves the right to take any action at its sole discretion for any violation by the
Driver or the Transport Service Provider, which may extend to but not limited to termination an/or other
legal action.
5.8 The Driver or any Transport Service Provider shall ensure the safety and security of the Customers,
his own self and that of the vehicle at all times.
The Driver shall immediately bring to the notice of AALA CABS any deviation from the provision of the
Service/s as required under the terms of these Driver T&C, including but not limited to any accidents,
damage to life or property.
5.9 The Driver agrees that any breach of the Subscription Agreement or these Driver T&C by him/her is
likely to cause AALA CABS substantial and irreparable damage and therefore, in the event of any such
breach, in addition to such other remedies which may be available AALA CABS shall have the right to
specific performance and injunctive relief.
5.10 The Driver shall ensure comprehensive insurance including without limitation third party insurance
of Vehicles and such other insurance as may be required by Applicable Law is obtained and always
maintained, and the Customer and/or AALA CABS shall not be liable for taking insurance or paying premium
thereof in respect of the Vehicle or any liability arising out of plying of such Vehicle.
5.11 The Driver shall ensure that he is not using the Device for any purpose other than for providing
Service in the manner provided under these Driver T&C. The Driver shall ensure that the Device is not
busy for long, unavailable or switched off while the Vehicle is being plied on the Portal.
5.12 The Driver shall not use / access video / interactive content on the Portal when the Driver is
driving the Vehicle. However, during halts / stops requested by the Customer, Driver may access video /
interactive content on the Portal, provided that the Driver shall ensure that such access / use during
halts / stops doesn’t lead to deficiency of Service or negligence towards the Customer.
5.13 On allotment of a Booking in response to a Service Request, the Driver shall ensure that the
Vehicle arrives prior to the pick-up time.
5.14 The Driver shall ensure that the Customer pays the Total Ride Fee as well as additional surcharge
(if applicable) and any fee or levy presently payable or hereinafter imposed by Applicable Law. In the
event, the Customer pays by cash for the Services, the Transport Service Provider shall collect the
Total Ride Fee and remit the Convenience Fee and Cancellation Fee (if any), to AALA CABS in the manner
solely determined by AALA CABS.
5.15 The Driver will have a functioning mobile number and also have the ability to read text messages
sent by AALA CABS, regarding the Customer details and to convey Customer feedback.
5.16 In the event any Customer leaves his/her property in the Vehicle, the same shall not be pilfered or
tampered with by the Driver and shall be reported immediately by the Driver directly to AALA CABS. In
the event the Driver pilfers or tampers with the property of the Customer, the Driver shall be solely
liable for any damages claimed by the Customer and AALA CABS may at its sole discretion terminate the
Driver’s registration and disable the Driver’s access to the Portal. AALA CABS shall in no event be
liable for loss of or damage caused to the property of the Customer.
5.17 Driver hereby acknowledges and agrees that AALA CABS shall alone be responsible for settling any
payment related issues between Customer and Driver. In case of any conflict, the Driver shall seek
instructions from AALA CABS. The Driver agrees that the decision taken by AALA CABS shall be final and
binding on the Driver in the aforesaid case.
5.18 The Driver shall make himself/ herself available for such trainings as AALA CABS may be required to
organize pursuant to Applicable Law or as AALA CABS may deem necessary from time to time.
5.19 The Vehicle shall be the sole responsibility of the Drivers and the Driver shall be liable or
responsible for any loss or damage to the Vehicle caused by a Customer or any other third party for any
reason whatsoever.
5.20 The Driver shall not drive rashly, shall follow traffic regulations and all Applicable Laws during
the performance of the Services, wear seat belt, not consume liquor / cigarette / bidi, or any other
kind of intoxicant while performing the Service/(s) 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.
Driver shall take all calls from the Customer and AALA CABS 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.
5.21 Any cancellation of the allotted Booking is prohibited except in exceptional circumstances based on
a justifiable explanation provided by the Driver. The Driver shall immediately inform AALA CABS in case
of any cancellation or refusal of allotted Booking. Further, the Driver hereby agrees such cancellation
or refusal to provide Service may, lead to a deduction in form of withholding of part or whole of the
Driver Proceeds.
5.22 The Driver agrees that the costs associated with the maintenance of the Vehicle shall be borne by
the Driver.
5.23 The Driver shall be solely responsible for:
i. any failure to complete a Service Request accepted by the Driver; ii. any failure to pick up
Customer(s) at the allotted time and place;
iii. any act or omission on the part of its Drivers including any rash and negligent driving, verbal,
physical or harassment of any nature;
iv. any violation or non-adherence to the Applicable Law by it;
v. any nuisance or damage caused to the property of AALA CABS by the Driver or any misbehavior with AALA
CABS representatives; misbehavior shall include within its purview using abusive language, causing
physical harm and making indecent gestures;
vi. any physical and/or mortal danger caused to the Customers whilst using or in connection with the
Service;
vii. any delay of more than 10 (ten) minutes caused to the Customer(s);and
viii. charging excess Total Fee from the Customer or charging the Customer more than what is displayed
on the meter; and
5.24 The Driver, shall not either directly or indirectly:
i. engage in any conduct that damages the reputation or causes inconvenience in any manner, to AALA
CABS; or ii. be the reason for AALA CABS to be a part of any negative publicity.
5.25 The Driver hereby agrees that any complaint/s by Customers regarding the Vehicle or Driver will be
considered to be a breach of the obligations by the Driver hereunder for which AALA CABS shall not be
responsible in any manner. If there is any serious complaint regarding any particular Vehicle and/or
Driver, AALA CABS may, in its sole discretion, immediately terminate the Account of such Driver, by
providing a written notice to Driver to this effect.
5.26 Driver will maintain all relevant books, records and accounts relating to the Services provided by
Driver and payments collected. Upon reasonable notice, AALA CABS may audit, or may appoint a qualified
independent auditor to audit, the books and records of the Driver to verify the accuracy of the amount
of payments collected by the Driver. If such audit reveals any discrepancies with respect to the payment
collected and submitted to AALA CABS, then in addition to AALA CABS retaining the right to exercise
other remedies, may require the Driver to promptly pay AALA CABS an amount equal to the discrepancy and
may ask for an additional amount as fine from the Driver. The audits will be conducted at AALA CABS’s
expense; provided, however, that if the audit reveals an underpayment by the Driver with respect to
collection and submission of payments to AALA CABS in excess of 5% (five percent), then Driver, in
addition to payment obligations described above, will promptly reimburse AALA CABS for all reasonable,
third party audit fees.
5.27 AALA CABS may require the Driver to affix AALA CABS brand including but not limited to its logo /
sticker on the Vehicle. In such event, Driver shall extend all necessary support and assistance to AALA
CABS for affixing AALA CABS brand on the Vehicle. It is hereby clarified that Driver will not be
entitled for any additional payments for the AALA CABS logo / sticker affixed on the Vehicle, if any.
AALA CABS logo / sticker / brand will be affixed subject to the provisions of Clause 14.4(v) of these
Driver T&C.
6. DEVICE
The provisions relating to AALA CABS Device(s) and Non-AALA CABS Device shall be as set out in the
Subscription Agreement.
7. CONTENTS POSTED ON PORTAL / DRIVER APP
7.1 All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds,
music, artwork and computer code (collectively, “Content”), including but not limited to the design,
structure, selection, coordination, expression, “look and feel” and arrangement of such Content,
contained on the Portal / Driver App is owned, controlled or licensed by or to AALA CABS and is
protected under the Applicable Law.
7.2 Except as expressly provided in these Driver T&C, the Driver shall not:
(i) Copy, reproduce, modify, damage, disassemble, decompile, reverse engineer or create derivative works
including, without limitation, translations, transformations, adaptations or other recast or altered
versions) from the Portal / Driver App, or any portion thereof;
(ii) Breach, disable, tamper with, or develop or use (or attempt) any workaround for any security
measure provided in the Portal / Driver App;
(iii) Send spam or otherwise duplicative or unsolicited messages in violation of applicable laws, send
or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortuous material,
including material harmful to children or violative of third party privacy rights; \
(iv) Store or disseminate material containing software viruses, worms, trojan horses or other harmful
computer code, files, scripts, agents or programs;
(v) Use the Portal / Driver App in a way that infringes or misappropriates a third party’s intellectual
property rights or personal rights;
(vi) Use any device, software, or routine to interfere or attempt to interfere with the proper working
of the Portal / Driver App or any activities conducted on the AALA CABS’s servers;
(vii) Copy, sell, sub-license or assign the Portal / Driver App, and its rights under these Driver T&C,
without the prior written consent of AALA CABS;
(viii) Distribute, disclose or allow use of the Portal / Driver App by any third party in any format,
through any timesharing service, service bureau, network or by any other means; or (ix) Merge or combine
the Portal / Driver App with any other technology not provided by
AALA CABS.
7.3 You may use information on the Portal / Driver App purposely made available by AALA CABS for
downloading from the Portal / Driver App, provided that You:
(i) do not remove any proprietary notice language in all copies of such documents; or (ii) use such
information only for Your personal, non-commercial informational purpose and do not copy or post such
information on any networked computer or broadcast it in any media; or
(iii) make no modifications to any such information; or
(iv) do not make any additional representations or warranties relating to such documents.
7.4 You shall be solely responsible for any notes, messages, e-mails, billboard postings, photos,
drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information
posted or transmitted to the Portal / Driver App (“Posted Content”), provided that such Posted Content
is not restricted or prohibited under Applicable Laws or such Posted Content is not infringing any third
party’s proprietary rights. Subject to the foregoing, such Posted Content will become AALA CABS’s
property and You grant AALA CABS the worldwide, perpetual and transferable rights in such Posted
Content. AALA CABS shall be entitled to, use the Posted Content or any of its elements for any type of
use forever, including but not limited to promotional and advertising purposes and in any media whether
now known or hereafter devised, including the creation of derivative works that may include Posted
Content. You agree that any Posted Content may be used by AALA CABS in the manner that AALA CABS deems
fit, consistent with Applicable Laws and You are not entitled to any payment or other compensation for
such use of Posted Content by AALA CABS. AALA CABS will use such information in accordance with the
Driver T&C including any AALA CABS
Policies. You hereby represent and warrant that You have necessary rights to all the Posted Content and
information You provide and are authorized to provide such Posted Content and information for the
Portal. Notwithstanding anything contained in this Section, You shall be solely responsible for any
liability arising out of the Posted Content on the Portal.
8. AALA CABS’S RESERVED RIGHTS
8.1 AALA CABS may, upon notice to the Driver, delist or remove the Information pertaining to the Driver
from the Portal / Driver App.
9. PRIVACY TERMS
9.1 AALA CABS stores and processes Your Information, including any sensitive financial information, in
accordance with the Information Technology Act, 2000 and the Rules made there under as well as the
Privacy Policy of AALA CABS as will be notified to you via text message and/or email from time to time.
If You object to Your Information being used in the manner prescribed by law or under AALA CABS’s
Privacy Policy, please refrain from continuing to use and registering on the Portal / Driver App.
9.2 Notwithstanding the foregoing, AALA CABS shall be entitled to disclose to all companies within its
group, or any government body as may be required by law or by any official directive or request from
such government body or any third party through a court process or other official agency, Your
particulars, in any way as AALA CABS, in its absolute discretion, deems fit or if it considers it in its
interests to do so.
10. REPRESENTATIONS AND WARRANTIES
10.1 You represent and warrant that:
i. You are eligible for registration on the Portal / Driver App and creation of an Account in terms of
these Driver T&C.
ii. You have all requisite power and authority to, deliver and perform the obligations imposed herein;
iii. 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 to which You are a party;
iv. You are the rightful owner of the Vehicle or have 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 You from
the performance of the Services;
v. You have all rights, licenses and permits as may required by Applicable Laws to perform the Service
in accordance with the terms of the Driver Agreement and these Driver T&C. The Driver hereby represents
that he shall maintain and continue to maintain all local licenses, permits, approvals and consents in
respect the Vehicle. You shall be responsible and liable for any violation of any law, rule or
regulation in the performance of its obligations under these Driver T&C.
vi. You have not been convicted by any court in India or any other country of any crimes including but
not limited to involving moral turpitude. Further, You are not a party to any pending litigation which
shall materially affect Your obligations under these Driver T&C.
10.2 You undertake that, at all times during the Term, You will:
i. abide by these Driver T&C, Zero Tolerance Policy and the AALA CABS Policies, as may be made
applicable to You from time to time;
ii. perform the Service/(s) in accordance with all Applicable Laws;
iii. not violate the intellectual property rights of AALA CABS or of any third party and for any breach
or violation of such intellectual property rights,
iv. be solely responsible to comply with AALA CABS Policies and adopt appropriate processes to prevent
offering any illegal gratification in the form of bribes or gifts either in cash or in kind in the
course of all dealings with AALA CABS or the Customer or any other third parties.
11. DISCLAIMER
11.1 You understand and acknowledge that AALA CABS disclaims and shall disclaim all representations and
warranties to the Customer, of any kind, whether express or implied as to condition, suitability,
quality, merchantability and fitness for any purposes in respect of any and all Vehicles of the Driver
that are used by the Customers as a part of the Services and Services offered by the Driver through the
Portal.
11.2 AALA CABS does not warrant that You will be able to use the Portal / Driver App and/ or will be
able to provide the Service/(s) at all times or locations on the Portal or that the Portal / Driver App
and the Services provided through the Portal / Driver App will be uninterrupted or error-free or that
the defects will be capable of being corrected by AALA CABS in a timely fashion. AALA CABS’s Portal, and
all other technology developed and installed on the Device by AALA CABS are provided on an “AS IS” and
“AS AVAILABLE” basis and AALA CABS specifically disclaims all warranties and indemnities, express,
implied or statutory, including without limitation any warranty of merchantability, fitness for a
particular purpose, accuracy, completeness, or any other warranty arising from the course of performance
or course of dealing. AALA CABS also does not provide any warranties as regards the compatibility of
AALA CABS’s Portal, Driver App or any other installed technology with the Device of the Driver and the
results as well as performance of the Portal / Driver App may vary depending on the model of the Device.
12. CONFIDENTIALITY
12.1 You acknowledge that pursuant to this Driver T&C, You will have access to confidential information
of AALA CABS and its affiliates which has been provided by AALA CABS. You undertake to keep confidential
all data and other confidential information of AALA CABS and shall not sell or otherwise make that
information available to any third parties.
12.2 Except as otherwise agreed, the data of Customers will be the exclusive property of AALA CABS, and
You will not use the same for Your own purpose or distribute such data in any form or means except for
the purpose of these Driver T&C and shall keep it confidential at all times. Confidential information
would include but not be limited to Customer details, market information, all work products and
documents related thereto, the contents of the Portal, Driver App or any other information which is
treated as confidential by AALA CABS, and any other information, whether orally or in writing, received
or to be received by You which is agreed to be treated as confidential, whether expressly or by
implication.
13. INDEMNIFICATION AND LIMITATION OF LIABILITY
13.1 You agree and undertake to indemnify and to hold harmless AALA CABS its affiliates, successors,
agents, assigns, and each of their directors, officers, employees, associates, agents, and
representatives from and against any losses, damages, liability, claims, costs, penalty and expenses
(including, without limitation, reasonable attorneys’ fees) incurred by reason of (i) any breach or
alleged breach by You of the Your obligations, performance or observance of Your role, functions,
responsibilities, representations, or warranties under the Driver T&C; (ii) any violation of AALA CABS
Policies or any other policies provided by AALA CABS; (iii) any harm to the reputation and goodwill of
AALA CABS; (iv) any claim of violation of intellectual property of a third party by Driver’s usage of
AALA CABS’s intellectual property in a manner not permitted under these Driver T&C; (v) Driver’s
misconduct or unauthorized access to data on the Portal or permitting in any way by the Driver the
transfer of such data to the competitors of AALA CABS or its affiliates or to any third party; and (vii)
fraud, negligence and misconduct of the Driver.
13.2 You shall be liable to indemnify and hold AALA CABS harmless against all damages, losses, costs and
expenses incurred by AALA CABS as a consequence of any complaint from any Customer received by AALA CABS
with respect to defective Service/(s).
13.3 In addition to the indemnification rights of AALA CABS under these Driver T&C, AALA CABS shall also
be entitled to such other remedies available under Applicable Laws.
13.4 In no event will AALA CABS be liable for any losses arising from or in connection with these Driver
T&C, pursuant to any claim by the Driver against AALA CABS under contract, tort or otherwise, if such
losses could have been avoided by the Driver using reasonable efforts to mitigate them. Further, AALA
CABS shall also not be liable to the Driver in contract, tort or otherwise for indirect, special,
incidental, exemplary, punitive, or consequential damages of any kind whatsoever even if advised of the
possibility of such damages. Notwithstanding anything contrary contained elsewhere in the Agreement, the
total cumulative liability of AALA CABS to the Driver or to any person claiming under or through it,
shall not exceed INR 1000/- (Rupees One Thousand only).
13.5 AALA CABS shall not be responsible or liable for any loss or damage, howsoever caused or suffered
by the Driver arising out of the use of the service offered by AALA CABS to the Driver directly or
indirectly, for any reason whatsoever, including but not limited to damage or loss caused to You as a
result of a Customer’s non-compliance, which includes, but is not limited to, any incorrectly placed
voice instructions, malfunction, partial or total failure of any network terminal, data processing
system, computer tele-transmission or telecommunications system or other circumstances whether or not
beyond the control of AALA CABS or any person or any organization involved in the above mentioned
systems. The Driver shall also be liable to AALA CABS for any loss caused to AALA CABS due to the
negligence of Driver or any unlawful act or omission in the performance of the Service. Without
prejudice to the above, AALA CABS shall not be liable for any direct or indirect loss or damage, which
may be suffered by the Driver as a result of any failure by a Customer to show up within any stipulated
time even if AALA CABS has agreed to such timing or even if the Customer has advised AALA CABS of the
possibility that he / she may not show up within the stipulated time.
14. TERMINATION OF DRIVER REGISTRATION
14.1 The Parties to these Driver T&C shall be entitled to terminate these Driver T&C with a prior
written notice of 30 (thirty) Business Days to the other Party without assigning any reason for the
termination.
14.2 The Parties to these Driver T&C shall be entitled to terminate these Driver T&C for any breach of
any obligations, representations or warranties, or any other material terms as contained in this Driver
T&C by a Party which is not the Party proposing to terminate the Driver T&C at the end of 5 (five) days
from the intimation of such breach to the breaching Party, if such breach is not rectified within 5
(five) days.
14.3 Upon termination of these Driver T&C in the manner set out in Clause 14.1 and 14.2 above, the
registration of the Driver on the Portal shall stand cancelled and the Account shall be terminated and
the Driver shall not be eligible to ply his Vehicle on the Portal.
14.4 Upon the expiry or early termination of these Driver T&C:
i. The Driver shall pay to AALA CABS all amounts due and owing to AALA CABS.
ii. AALA CABS may, at its own discretion, return the Subscription Amount with such deductions as may be
required to be made for the amounts and penalties/ Suspect Charges due to be paid by the Driver to AALA
CABS under these Driver T&C.
iii. On the termination of Your registration, AALA CABS will settle the Driver Proceeds which have
become due to You on account of the Service to the Customers through the Portal and for other activities
agreed under the Subscription Agreement, prior to the date of termination.
iv. Each Party shall promptly return to the other Party all property and materials including all devices
and including confidential information and materials, furnished to it by the other Party pursuant to
these Driver T&C and/or the Subscription Agreement between the Parties. Where the confidential
information cannot be returned in material form, the Party shall destroy the other Party’s confidential
information.
v. The Parties shall cease acting in a manner that would imply a continuing relationship between the
Parties and shall cease all marketing and other activities contemplated under these Driver T&C and/or
the Subscription Agreement. In connection with the marketing activities, on termination or expiration of
the Subscription Agreement along with the Driver T&C, the Driver shall ensure that AALA CABS branding
affixed / displayed on the Vehicle and / or any other branding affixed / displayed on the Vehicle (as
directed by AALA CABS and mutually agreed between the Parties), if any, shall be immediately removed. If
the Driver is unable to remove the branding himself, Driver shall promptly approach AALA CABS’s nearest
office for removal of the branding. AALA CABS disclaims all liabilities, whether civil, criminal,
tortious, or otherwise, that may accrue as a consequence of continued use of any branding by the Driver
after expiry or termination of the Subscription Agreement and Driver T&C.
14.5 Clauses 7 (Contents Posted on Mobile Application), 9 (Privacy Terms), 11 (Disclaimer),
12 (Confidentiality), 13 (Indemnification and Limitation of Liability), 14 (Termination of Driver
Registration) and 15 (Dispute Resolution, Governing Law and Jurisdiction) shall survive the
expiry/termination of these Driver T&C in accordance with their terms.
14.6 Expiry or earlier termination of this Agreement will not prejudice any rights of the Parties that
may have accrued prior to expiry or termination.
14.7 Without prejudice to the foregoing, the termination of Your registration pursuant to any of the
provisions contained herein above shall not limit or otherwise affect any other remedy (including a
claim for damages), which AALA CABS may have, arising out of the event which gave rise to the right of
termination.
15. DISPUTE RESOLUTION, GOVERNING LAW AND JURISDICTION
15.1 If any dispute arises between You and AALA CABS, in connection with, or arising out of, these
Driver T&C, the dispute shall be referred to arbitration under the Arbitration and Conciliation Act,
1996 (Indian) to be adjudicated by a sole arbitrator to be appointed by AALA CABS. Arbitration shall be
held in Srinagar. The proceedings of arbitration shall be in the English language. The arbitrator’s
award shall be final and binding on the Parties.
15.2 These Driver T&C shall be governed by and construed in accordance with the laws of India.
15.3 Subject to clause 15.1, the courts in Srinagar shall have the exclusive jurisdiction in connection
with this Agreement.
15.4 In addition to above remedies, AALA CABS shall be entitled to an interim injunction, restraining
order or such other equitable relief as a court of competent jurisdiction may deem necessary or
appropriate to restrain You from committing any violation of Your covenants and obligations. These
injunctive remedies are cumulative and are in addition to any other rights and remedies AALA CABS may
have at law or in equity.
16. MISCELLANEOUS
16.1 Entire Agreement: The Parties hereby agree that the Subscription Agreement, Exhibits and these
Driver T&C along with Commercial Term Segment, AALA CABS Policies, Zero Tolerance Policy and any other
policy that AALA CABS notifies to the Driver from time to time shall constitute the entire agreement
between them and shall supersede and override all previous communications, either oral or written,
between the parties with respect to the subject matter of this Agreement. In the event of any
contradiction or inconsistency between the Driver T&C and any other agreement executed between the
parties, the terms of the Driver T&C shall prevail unless the exception has been expressly agreed to in
writing by making reference to the relevant Clause sought to be modified under these Driver T&C.
16.2 Independent Contractor Status: The relationship created by Driver T&C is that of independent
contractors, and not partners, franchisees or joint ventures. No employees, consultants, sub-contractors
or agents of one party is or will be deemed to be employees, consultants, contractors or agents of the
other party, nor do they have any authority to bind the other party by contract or otherwise to any
obligation, except as expressly set forth herein. The Driver shall not be deemed for any purpose to be
an employee of AALA CABS or any of its Affiliates. AALA CABS shall not be responsible to the Driver or
any governing body for any payroll-related taxes related to the performance of Services hereunder,
including but not limited to, withholding or other taxes related to central or state income tax, social
security benefits or unemployment compensation.
16.3 Assignment: Neither these Driver T&C nor any of the rights, interests or obligations hereunder
shall be assigned by the Driver to any third party, without the prior written consent of AALA CABS. AALA
CABS may, at its sole discretion, assign the rights, interests or obligations hereunder to any person
whosoever.
16.4 Force Majeure: Any delay in or failure to perform any obligations by either party under the Driver
T&C shall not constitute default hereunder if and to the extent caused by force majeure, which is
defined to be occurrences beyond the reasonable control of such Party committing default, including and
limited to acts of the government authorities, acts of God, fire, flood, explosion, riots, war,
rebellion, insurrection (“Force Majeure”). Provided, however, You shall give prompt written notice
within a period of 7 (seven) days from the date of the force majeure occurrence to AALA CABS. You shall
use all reasonable efforts to avoid or remove such cause of non-performance and shall continue
performance hereunder whenever such causes of force majeure are removed. In the event the Force Majeure
event continues for a period of 7 (seven) days from the date on which AALA CABS receives the notice from
You as above, AALA CABS shall have the right to terminate these Driver T&C.
16.5 Notices: Any notices, requests and other communications required or permitted hereunder shall be in
writing and may be sent by any of the following means to the receiving Party at the relevant addresses
set forth in these Driver T&C:
i. By electronic mail.
For the purposes of this sub-clause the Parties’ electronic mail addresses shall be the following,
unless otherwise intimated by the Parties to each other,
AALA CABS: support@aalacabs.com;
Transport Service Provider: As provided during attachment.
ii. By SMS sent to mobile number at:
AALA CABS: Not Applicable;
Transport Service Provider: As provided during attachment.
iii. By hand, against a written acknowledgement of receipt by the receiving Party.
AALA CABS: Shop no.27 Lachmanpora Magarmal Bagh Road ,Batamaloo,Srinagar-190001
Transport Service Provider: As provided during attachment. iv. By registered mail. Same as mentioned in
16.5(iii) above.
In the event the delivery of the notice is attempted to be made at all the contact addresses provided by
the party, the notice shall be deemed delivered on the third day from the date of the notice.
16.6 Waiver: Either party may exercise a right, power or remedy at its discretion and separately or
concurrently with another right, power or remedy. No failure or delay on part of any Party hereto
exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any
single or partial exercise of any right, power or privilege hereunder preclude any other or further
exercise thereof or the exercise of any other rights, powers or privileges by such party.
16.7 Severability: Any provision that is prohibited or unenforceable in any jurisdiction will, as to
such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without
invalidating the remaining portions hereof or affecting the validity or enforceability of such provision
in any other jurisdiction.
16.8 Amendment: These Driver T&C may be modified or amended by AALA CABS at its sole and absolute
discretion.
Exhibit A ZERO TOLERANCE POLICY
Driver will strictly follow this ZERO TOLERANCE policy which shall be subject to change and any changes
shall be intimated to the Driver from time to time via SMS or e-mail.
Sr. # Breach Cases Breach/Fine Consequences
• Asking for tips:
Driver shall not Proactively ask for ‘tips’ from the Customer. Driver shall not hassle the Customer for
change. AS INFORMED BY AALA CABS FROM
TIME TO TIME
• Wasting Customer’s Time:
Driver shall not stop the Vehicle for filling fuel
in between the journey. Driver shall not make any Personal stops during the journey.
• Personal hygiene:
Driver shall wear neat AALA CABS uniform & badge (if provided by ALA Cabs and Technologies Private
Limited) at all times during duty hour.
Driver shall maintain personal hygiene.
• Customer Service:
Driver shall greet Customers both at pick up and drop.
Driver shall manage the luggage (both at pick-up and drop point).
Driver shall ensure that vehicle’s AC is turned on before Customer sits in the Vehicle
• Vehicle Cleanliness:
Driver shall keep the Vehicle and dashboard clean.
Driver shall make the Vehicle available for field audit within 2 days’ time period from such breach.
Till then no bookings shall be provided and the Vehicle will be blocked from the device.
• Disturbing Customer:
Driver shall not play loud music (above mid-level of the stereo) or music through any kind of earphone
device.
Driver shall not unnecessarily blow horn. Driver shall not proactively engage into a personal
conversation with the Customer and shall not resort to any kind of unpleasant behaviour with Customers.
• No Smoking/Tobacco/Pan/Masala/Food Item:
Driver shall not smoke inside the Vehicle. Driver shall not chew any masala or chewing gum or any other
food item while a ride is in progress.
• The Driver 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 Customer.
• The Driver should not make any fake calls or give any missed calls to the Customer’s contact number.
The Driver should only give a call to the Customer informing the Customer about the arrival of the
Vehicle at the destination. Driver shall not make unwarranted use of the Customer contact details after
the customer has been dropped at the destination.
• The Drivers shall be well versed with the routes. The Driver shall not take any long route when there
is another short route known to him for reaching the destination. The Drivers are not expected to halt
at several places during the journey due to lack of knowledge of the routes.
• Delay In Pick – Up:
Driver should reach the pickup point (before pick-up time ).
Driver must intimate the Customer that he has reached at the pick - up location
• Driver should keep his mobile ‘ON’ while he is logged into the AALA CABS Portal and he
should receive every call of the Customer.
Driver should not make any deliberate attempt to park the Vehicle in ‘nonnetwork’ area while the
Customer is away for his/her personal work.
• Vehicle Branding:
AALA CABS Sticker, if any, on the Vehicle should not be removed till the Vehicle is active on the
Platform
• Rude Behaviour with Female Customer: Driver shall not under any circumstance argue with the
Customer/use abusive words / raise his voice tone while talking to the Customer.
Driver should follow the instructions given by Customer as well as by AALA CABS Call Centre.
• Mobile Phone Usage:
Driver shall not use mobile phones (unless for emergency purposes) while driving. This includes but not
limited to SMS, video calls, voice, MMS and downloading.
However, this shall not apply in case of calls from AALA CABS representatives and the Customer.
• Reporting To AALA CABS :
Driver shall not lie about Vehicle’s position to the AALA CABS representative. Driver shall not report
meter readings incorrectly. Driver shall provide opening and closing readings of the odometer on time as
and when such reading is required to be provided by the AALA CABS representatives.
• Rash Driving:
Driver 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 Driver shall follow the said prescribed lower speed limits. Driver should not
apply sudden breaks and should not take sharp turns that may cause inconvenience to the Customer.
• Driving License (DL) & Other RTO Documents:
While on duty hours with AALA CABS it is mandatory to keep DL and all relevant RTO impacting papers
(T-permit, PUC, Insurance, RC, etc.).
• While performing the Services, Driver should not sleep in the Vehicle.
• Driver shall not reject the booking on his own at the time of allotment under any circumstances
(unless permitted by AALA CABS).
• Driver shall not reject a booking or a Customer once he has accepted the duty and logged in and shall
not switch off his mobile under any circumstances.
• Missing luggage:
Driver should hand over the luggage or bags to the office, if the Customer has mistakenly left any
luggage in his cab or the Driver should call to the Customer and inform him that he has forgotten his
belonging in the cabs.
• Device Misuse:
Driver shall ensure that the Device (as defined in the Driver T&C) shall not be misused in any way.
For such violations, the Driver’s liability may extend to liquidated damages and/or legal proceedings
for breach of Driver
T&C
For such violations, the Driver’s liability may extend to liquidated damages and/or legal proceedings
for breach of Driver
T&C
23 (a)For such violations, the Driver’s liability may extend to liquidated damages and/or legal
proceedings for breach of
Driver T&C
For such violations, the Driver’s liability may extend to liquidated damages and/or legal proceedings
for breach of Driver
T&C
Driver shall ensure that the AALA CABS Device or the Financed Device is not used for any similar
commercial purpose other than as provided for in the Driver T&C, the acknowledgement on receipt of AALA
CABS
Device, the Confirmation Letter in relation to the Financed Device and other policies introduced and/or
amended by AALA CABS from time to time.
However, it is open for the Driver to use any other device for purposes of carrying out any commercial
activity(ies)
• Traffic Rules:
Driver shall obey all traffic rules including traffic signals.
Driver shall keep all statutory
documents (insurance documents, vehicle registration book/card, PUC Certificate, etc.) at all times.
Driver shall wear seat belt all the time while driving.
• Driver lying or completing service in bad-faith:
Driver should follow the best and shortest possible route to reach the destination.
Driver should not misrepresent or misguide the routes or duty slips to increase the fare.
• Driver shall not consume/intake or be under the influence of alcohol or narcotic substances while
logged into the AALA CABS
Portal.
• Abusive or discriminatory Driver: Driver should not do anything like abusing the Customer, talking to
Customer or any such behaviour which shall make the Customer feel uncomfortable during journey. Driver
should not discriminate against Customer for any reason, including on the basis of sex, race, caste,
creed, religion, disability or nationality.
• R u d e b e h a v i o u r / C u s t o m e r inconvenience:
Driver should not ask the Customer to get down from his vehicle in the middle of the journey even if any
misunderstanding or verbal
fights happen between the Customer and the Driver. If his Vehicle gets breakdown he himself should call
the AALA CABS office and make arrangement for another vehicle at any cost for the Customer and drop the
Customer to the drop location.
• Extra Ordinary Circumstances:
Any instance of Driver’s behaviour that directly or indirectly impacts the Company’s “Brand Image”.
• Maximum Weight
Never load the vehicle above the manufacturer’s maximum specified weight.
• Medically Fit
Never drive the vehicle if medical conditions will impact the driving.
• Unauthorized Goods or Persons
Not carry any unauthorized goods or persons till the completion of the Ride.
Exhibit B Commercial Terms Segment
In addition to the definitions, above:
“Operator Minimum Bill” shall mean the minimum amount, per completed ride, payable to the Driver, as per
minimum fare prescribed;
“Cost per km” shall mean an additional amount, over and above the Operator Minimum Bill, that may be
paid to the Driver at AALA CABS’s sole discretion;
“Wait Time Cost” shall mean an additional amount, over and above the Operator Minimum Bill, that may be
paid to the Driver at AALA CABS’s sole discretion;
“Trip Time Cost” shall mean an additional amount, over and above the Operator Minimum Bill, that may be
paid to the Driver at AALA CABS’s sole discretion;
“Convenience Fee”/“Access Fee” shall mean the fee payable by the Customer to AALA CABS for the Service
i.e., for availing the technology services offered by AALA CABS, door to door service, wi-fi access,
customer support and cashless payment options. Convenience Fee shall be chargeable on every booking made
through the Site. The Convenience Fee shall be exclusive of all applicable taxes on the Convenience Fee,
if any;
“Operator Commission Fee” shall mean the pre-determined fee payable by the Driver to AALA CABS for
facilitation of business i.e. obtaining bookings, on his behalf by AALA CABS;
“Platform Fee” shall mean:
• in case of AALA CABS Device, the non-refundable fee charged to the Driver, at AALA CABS’s sole
discretion, for use of the Platform, maintenance of Device, AALA CABS support, SIM/Data Fee and so on.
• in relation to Non-AALA CABS Device, at AALA CABS’s sole discretion, the non-refundable fee charged to
the Driver for AALA CABS support and SIM/Data provision and so on.
Terms and Conditions
• All payments due to the Driver shall be made through NEFT/RTGS etc., as mutually agreed from time to
time.
• You authorize AALA CABS to make deductions from the Driver Proceeds which includes the following:
• Tax Deduction at Source (TDS) as per the Income Tax Act, 1961, where applicable;
• service tax and other applicable taxes; and
• and any other amounts due and payable by the Auto Driver to AALA CABS as per applicable law.
• The terms in this Commercial Terms Segment are subject to change and will be communicated to the
Driver via SMS/call to registered mobile number.
• The Driver hereby agrees that discounts/convenience fee given/charged to the users of the Portal, if
any, will be decided by AALA CABS on a case-to-case basis and is at the sole discretion of AALA CABS and
subject to change.
• In the event a Driver returns the AALA CABS Device, then subject to provisions of the these Driver T&C
and the acknowledgement, AALA CABS will not return the security deposit (charged at the time of giving
the AALA CABS Device to the Driver and determined at AALA CABS’s sole discretion).
• AALA CABS reserves the right to change the rates and payment terms between the Driver and AALA CABS as
mentioned in this Commercial Term Segment at any given point in time, which shall be notified to the
Driver.
• Credit Limit: The Driver shall be allowed an amount of Rs. [500] as the Credit Limit. “Credit Limit”,
which shall mean the allowable outstanding receivables of AALA CABS from the Driver. The Driver shall
ensure that the Credit Limit shall not exceed Rs. 500 at any point in time. However, AALA CABS shall at
its sole discretion change the allowable Credit Limit for the Drivers from time to time and shall notify
the same to the Driver.
• AALA CABS shall notify the Driver as soon as the outstanding approaches Rs. 500. Once, the Credit
Limit exceeds the above specified limit, the Account will become inactive without any further
notification. The said Vehicle will not be allotted any further bookings till the Driver pays the
outstanding amount exceeding the specified Credit Limit. The Driver can pay the outstanding amount via
cash, cheque or NEFT. In the event, the Driver does not pay the outstanding amount; AALA CABS retains
the right to initiate legal proceedings to recover the same.
• Settlement: Pursuant to any settlement (“Settlement”) that the Auto Driver is required to make with
AALA CABS, under the terms of this Agreement and/or these the Driver T&C, whether for a breach of this
Agreement and/or otherwise, AALA CABS shall send a report of the Settlement by short message service
(SMS)/email/post, giving full details of the amounts and reasons thereof, forming part of the
Settlement, to the Driver. The Driver shall make payment of the amounts mentioned in the Settlement to
AALA CABS within 7 (seven) days from the date of receipt of such Settlement details. If the Driver fails
or refuses to make payment in respect of such Settlement within such seven 7 (seven) days, AALA CABS
shall have the right to recover the balance forthwith from the Driver or initiate legal proceedings in
this regard.
This document is an electronic record in terms of Information Technology Act, 2000 and rules thereunder as applicable and the provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures. By clicking on the “I ACCEPT” button, You are consenting to be bound by these Driver T&C for using Portal. PLEASE ENSURE THAT YOU READ AND UNDERSTAND ALL THESE DRIVER T&C BEFORE YOU USE THE SERVICE OF THE PORTAL, AS YOU SHALL BE BOUND BY ALL THE DRIVER T&C CONTAINED HEREIN upon clicking on the “I ACCEPT” button. If You do not accept any of the Driver T&C, then please do not use the Portal or avail any of the services being provided therein. YOUR AGREEMENT TO THE DRIVER T&C SHALL OPERATE AS A BINDING AGREEMENT BETWEEN YOU AND AALA CABS IN RESPECT OF THE SERVICES OF THE PORTAL.
Your engagement with AALA CABS to use the services of the Portal are subject to your acceptance of these Driver T&C. AALA CABS reserves the right, at its sole discretion, to change, modify, add or remove these Driver T&C, in part or in whole, at any time, without prior notice to You. It is Your responsibility and duty to check the Driver T&C periodically for changes. Your continued use of the Portal following the posting of changes will mean that You accept and agree to the changes. As long as You comply with these Driver T&C, AALA CABS grants You a personal, non-exclusive, non-transferable, limited privilege to enter and use the service on the Portal.
DEFINITIONS:
All of the defined and capitalized terms in these Driver T&C will have the meaning assigned to them herein below.
“Acceptance” means your affirmative action of clicking on the box against the word
“I Accept” provided at the end of these Driver T&C, by which action, you unequivocally accept the Driver T&C and any modifications thereof.
“Account” refers to the account created by AALA CABS at its sole discretion, for the Driver subsequent to the Driver submitting and AALA CABS verifying the Registration Data
“Applicable Laws” shall mean and include all applicable statutes, enactments, acts of the legislature or the Parliament, laws, ordinances, rules, by-laws, regulations, notifications, guidelines, policies, directions, directives and orders of any Governmental authority, tribunal, board, or a court, in India.
“Booking” shall mean the accepted Service Request.
“Business Day” means a day on which banks are open for business.
“Cancellation Fee” shall mean the fare payable by the Customer towards cancellation of a Booking made by a Customer.
“Commercial Term Segment” shall mean Exhibit B of the Driver T&C, which contains the commercial terms for auto rickshaw cab Service provided by the Drivers.
“Content” shall have the meaning given to it in 7.1.
“Customer” shall mean such person, who places a Service Request on the Portal and has accepted the Customer Terms of Use and Privacy Policy of the Portals (as applicable).
“Customer’s Terms of Use” shall mean the Customer Terms and Conditions as provided on the AALA CABS Portal for availing the Service.
“Device” shall mean the device as the Driver owned mobile device meeting the specification requirements of AALA CABS brought by the Driver at the time of Registration for installation of the firmware technology by AALA CABS in order to enable the Driver to perform the Service and only if the context requires, device shall also include the mobile devices provided by AALA CABS to the Driver or the Financed Devices.
“Driver” or “You” or “Your” or “Yourself” shall mean an individual, who has an Account with AALA CABS.
“Auto App” means the electronic interface on the AALA CABS Portal from where the Driver’s Account is accessible to the Driver.
“Driver Proceeds” shall mean the net amount receivable by the Driver after deduction of AALA CABS’s convenience fee or access fee, if any and such other amounts as may be provided in the Commercial Terms Segment or notified otherwise.
“Facilitation Agreement” shall mean the agreement between ANI Technologies Private Limited and any other third party financer e.g. Muthoot Fincorp Limited in relation to the provision of devices to Drivers.
“Fare” shall mean the amount as reflected in the pre-installed government approved meter after the completion of the Service or amount as reflected in the private auto rickshaw meter i.e., the Device/AALA CABS Device/Financed Device, wherever applicable.
“Force Majeure” shall have the meaning given to in Clause 16.4.
“Financed Device” shall mean a device provided and financed by any other third party financer to a willing Driver plying on the online platform of AALA CABS as further set out in the Facilitation Agreement read with a Confirmation Letter from the Driver.
“Information” shall mean the details furnished by the Driver for registration on the Portal and successful creation of an Account.
“AALA CABS” or “We” or “Us” or “Our” shall mean ALA Cabs and Technologies Private Limited, a company incorporated under the Companies Act 2013, and having its registered office at Shop no.27 Lachmanpora Magarmal Bagh Road,Batamaloo,Srinagar,190001, India, which expression shall, unless it be repugnant to the context or meaning thereof, be deemed to mean and include all its successors, affiliates and permitted assigns.
Parties” shall mean, collectively, the Driver and AALA CABS and “Party” shall refer to any one of them.
“Portal” shall mean such features of the AALA CABS mobile application owned and controlled by AALA CABS, and other URLs as may be specified by AALA CABS from time to time, on which Drivers are permitted to provide Service.
“Posted Content” shall have the meaning given to in Clause 7.7.
“Service” means the service of picking a Customer from the pick-up point as prompted on the Device/AALA CABS Device and dropping the Customer at the drop point entered by the Customer at the time of placing his / her Service Request and accepted by the Driver.
“Service Fee” shall mean the Fare and Convenience Fee or Access Fee.
“Service Request” means a request placed by the Customer on the Portal to avail the auto rickshaw Service offered by the Driver.
“AALA CABS Policies” means the “Privacy Policy” & such other policies (including any amendments thereof), which AALA CABS may issue and make applicable to Driver from time to time and make available to the Driver on the Driver’s request.
“Term” means the period commencing from the date of acceptance of the Driver T&C by the Driver up to the date of termination of the Driver T&C.
“Terms and Conditions” or “Driver T&C” refers to these Driver T&C, as may be amended from time to time.
“Total Ride Fare” shall mean the total amount payable by a Customer.
“Vehicle” shall mean ‘Motorcabs’ as defined under the Motor Vehicles Act, 1988.
“Wallet” shall mean the prepaid payment instruments available for payments in the AALA CABS Portal.
“Zero Tolerance Policy” shall mean the policy of AALA CABS as detailed under the Exhibit A to these Driver T&C, as may be amended from time to time.
• APPLICABILITY OF DRIVER T&C
These Driver T&C together with the, Commercial Term Segment (Exhibit B), Zero Tolerance Policy, AALA CABS Policies, shall be deemed to be incorporated by reference into these Driver T&C and shall form the complete understanding between the Parties. By accepting the Driver T&C, You acknowledge and agree to the Commercial Term Segment, AALA CABS Policies and any other policy that AALA CABS makes applicable to You from time to time, to the fullest extent possible. Additionally, You hereby understand and consent to the collection, storage and sharing of Aadhaar card and any information extracted therefrom with Third Party Vendors and/or Government Authorities, for the process of onboarding and background verification.
• SCOPE OF SERVICES
• You agree that AALA CABS’s role is limited to being a market place solely for managing and operating the Portal for the display of the Service in the manner decided by AALA CABS unilaterally, payment collection through cash, or Wallet to facilitate the transactions between You and the Customers. Accordingly, AALA CABS is merely an intermediary providing online marketplace services and the Portal is only a platform where You shall offer Service to the Customers. The contract for availing the Service shall be a contract solely between You and the Customer. At no time shall AALA CABS have any obligations or liabilities in respect of such contract.
• The Driver confirms and undertakes that AALA CABS does not own or in any way control the Vehicle used by a Driver rendering the said Service to the Customer. AALA CABS shall not be held liable or responsible in any manner whatsoever for any insufficiency or deficiency of the Service rendered by the Driver to the Customer. AALA CABS does not make any representations or warranties regarding the quality of the Service provided by You.
• SERVICE REQUESTS
• Booking shall be accepted by the Driver on the Device, AALA CABS Device or the Financed Device or in such other manner as may be agreed between the Driver and AALA CABS from time to time.
• The Driver shall duly complete all Bookings accepted in connection with the Service and promptly notify AALA CABS immediately by means of Auto App / short message service / telephonic calls of any changes / deviations to the Booking, which may affect the provision of the Service.
• In the event the Driver requires any assistance in connection with the Portal, Service Requests, Service etc. therein, he / she should contact the AALA CABS call centre. If the assistance pertains specifically to the Device, AALA CABS Device, Financed Device, Auto App, Portal or anything therein, then such issue may be directed to the call centres of AALA CABS.
• Upon a Service Request being confirmed by the Driver on the Auto App, AALA CABS may provide to the Customer, the picture of the Driver, details of the Vehicle and such other information as AALA CABS may deem fit, required by the Customer to identify the Driver and Vehicle.
• Once a Booking is accepted, AALA CABS will provide the Driver with the necessary Customer information in order to enable the Driver to satisfactorily provide the Service. Such information shall be treated as confidential information in terms of Clause 12 below.
• COMMUNICATION
• When You use the Auto App on AALA CABS’s Portal or send emails or other data, information or communication to AALA CABS, You agree and understand that You are communicating with AALA CABS through electronic records and You consent to receive communications via electronic records from AALA CABS periodically and as and when required. AALA CABS may communicate with You by email or by such other mode of communications, electronic or otherwise. The obligation remains on You to read any such communication and raise objections, if any.
• You hereby expressly consent to receive communication from AALA CABS through Your registered phone number and/or e-mail ID. You consent to be contacted by AALA CABS via Auto App / phone calls/SMS notifications. You agree that any communication so received by You from AALA CABS will
not amount to spam, unsolicited communication or a violation of Your registration on the ‘national do not call registry’.
• By registering with AALA CABS, You hereby agree to (i) provide Information that AALA CABS has a legal duty to request from a Driver on account of the Know Your Customer norms under Applicable Laws including without limitation your Permanent Account Number (PAN); and (ii) undertake due diligence and update Yourself on Applicable Laws that may have implications on Your liability as a Driver.
• You acknowledge and agree that Your Information may be transferred or stored in a server outside India or the country where You are located in order to perform AALA CABS’s obligations under these Driver T&C.
• OBLIGATIONS OF THE DRIVER
• The Driver shall ensure and confirm that he understands the language of the Portal and shall ensure that he/she chooses the language that he bests understands from amongst the languages that the Portal supports.
• The Service provided through the Portal by the Driver shall be of the highest quality as per industry standards and in accordance with the oral and written requirements of AALA CABS. The Driver shall be liable for any loss caused to AALA CABS and/or the Customer due to negligence of the Driver in the performance of the Service.
• The Driver shall stay informed about conditions such as bandhs, strikes, curfews, traffic disruptions, weather conditions and the like that could affect the Service. The Driver shall, immediately intimate AALA CABS, and disclose any such aforesaid calamity that he may become aware of.
• The Driver shall provide the Service to the Customers in a courteous, effective and timely manner.
• The Driver shall ensure registration of Vehicle at all times and shall hold and keep updated / renewed all licenses, insurance and permits necessary for the use of Vehicle on the Portals.
• The Driver shall not undertake any unlawful or illegal activity while performing Services.
• The Driver shall not allow unauthorized persons to drive the Vehicle and shall ensure that the Vehicle is not in an unsafe condition.
• The Driver shall immediately bring to the notice of AALA CABS any deviation from the provision of the Service/s as required under the terms of these Driver T&C, including but not limited to any accidents, damage to life or property.
• The Driver shall always use the government approved meter for calculation of the Fare. In addition, the Driver shall also use the Device/AALA CABS Device for calculation of the Service Fee (i.e., Fare and Convenience Fee/Access Fee).
• The Driver agrees that any breach of the Driver T&C by him/her is likely to cause AALA CABS substantial and irrevocable damage and therefore, in the event of any such breach, in addition to such other remedies which may be available, AALA CABS shall have the right to specific performance and injunctive relief. The consequences of any such breach may extend to, but not be limited to, the terms of the Zero Tolerance Policy and any other policy that AALA CABS may introduce and/or amend from time to time.
• The Driver shall ensure that insurance including without limitation third party insurance of Vehicles and such other insurance as may be required by Applicable Law is obtained and always maintained, and the Customer and/or AALA CABS shall not be liable for taking insurance or paying premium thereof in respect of the Vehicle or any liability arising out of plying of such Vehicle.
• The Driver shall ensure that he is not using the AALA CABS Device or the Financed Device for any purpose other than for providing Service in the manner provided under these Driver T&C. The Driver shall ensure that the AALA CABS Device or the Financed Device is not busy for long, unavailable or switched off while the Vehicle is being plied on the Portal. The Driver shall ensure that the AALA CABS Device or the Financed Device shall be used for no other similar commercial purpose as that of AALA CABS and the AALA CABS Portal.
• On receipt of an AALA CABS Device or a Financed Device, Driver shall ensure that he/she actively works on the AALA CABS platform, accepts bookings and conducts the business for which such AALA CABS Device or Financed Device has been obtained by the Driver.
• On allotment of Booking in response to a Service Request, the Driver taking up a Booking in response to a Service Request, the Driver shall ensure that the Vehicle arrives prior to the pick-up time.
• The Driver shall ensure that the Customer pays the Service Fee as well as additional surcharge (if applicable) and any fee or levy presently payable or hereinafter imposed by Applicable Law. In the event, the Customer pays by cash for the Services, the Driver shall collect the Service Fee and remit the Cancellation Fee (if any), to AALA CABS in the manner solely determined by AALA CABS.
• The Driver will have a functioning mobile number and also have the ability to read text messages sent by AALA CABS, regarding the Customer details and to convey Customer feedback. The Driver shall be solely responsible for reading and acting upon any instructions sent by text messages on his registered mobile number.
• In the event any Customer leaves his/her property in the Vehicle, the same shall not be pilfered or tampered with by the Driver and shall be reported immediately by the Driver directly to AALA CABS. In the event the Driver pilfers or tampers with the property of the Customer, the Driver shall be solely liable for any damages claimed by the Customer and AALA CABS may at its sole discretion terminate the Driver’s registration and disable the Driver’s access to the Portal. AALA CABS shall in no event be liable for loss of or damage caused to the property of the Customer.
• Driver hereby acknowledges and agrees that AALA CABS shall alone be responsible for settling any payment related issues between Customer and Driver. In case of any conflict, the Driver shall seek instructions from AALA CABS. The Driver agrees that the decision taken by AALA CABS shall be final and binding on the Driver in the aforesaid case.
• The Driver shall make himself/ herself available for such trainings as AALA CABS may be required to organize pursuant to Applicable Law or as AALA CABS may deem necessary.
• The Vehicle shall be the sole responsibility of the Drivers and the Driver shall be liable or responsible for any loss or damage to the Vehicle caused by a Customer or any other third party for any reason whatsoever.
• The Driver shall not drive rashly, shall follow traffic regulations and all Applicable Laws during the performance of the Services, wear seat belt, not consume liquor / cigarette / bidi, or any other kind of intoxicant while performing the Service/(s) 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. Driver shall take all calls from the Customer and AALA CABS 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.
• Any cancellation of the allotted Booking is prohibited except in exceptional circumstances based on a justifiable explanation provided by the Driver. The Driver shall immediately inform AALA CABS in case of any cancellation or refusal of allotted Booking. Further, the Driver hereby agrees such cancellation or refusal to provide Service may, lead to a deduction in form of withholding of part or whole of the Driver Proceeds.
• The Driver agrees that the costs associated with the maintenance of the Vehicle shall be borne by the Driver.
• The Driver shall be solely responsible and liable for:
• any failure to complete a Service Request accepted by the Driver;
• any failure to pick up Customer(s) at the allotted time and/or place;
• any act or omission on the part of its Drivers including any rash and negligent driving, verbal, physical or harassment of any nature;
• any violation or non-adherence to the Applicable Law by the Driver;
• any nuisance or damage caused to the property of AALA CABS by the Driver or any misbehavior with AALA CABS representatives; misbehaviour shall include within its purview using abusive language, causing physical harm and making indecent gestures;
• any physical and/or mortal danger caused to the Customers whilst using or in connection with the Service;
• any delay of more than 10 (ten) minutes caused to the Customer(s);and • charging excess amounts from the Customer over and above Total Ride Fare.
• The Driver, shall not, either directly or indirectly:
• engage in any conduct that damages the reputation or causes inconvenience in any manner, to AALA CABS; or
• be the reason for AALA CABS to be a part of any negative publicity, including but limited to, sharing any communication from AALA CABS in any form whatsoever, including but not limited to any confidential or privileged information. Provided that, the Driver shall not liable if such information is shared pursuant to or in connection with the operation of any applicable law or regulation.
• The Driver hereby agrees that any complaint/s by Customers regarding the Vehicle or Driver will be considered to be a breach of the obligations by the Driver hereunder for which AALA CABS shall not be responsible in any manner. If there is any serious complaint regarding any particular Vehicle and/or Driver, AALA CABS may, in its sole discretion, immediately terminate the Account of such Driver, by providing a notice to Driver to this effect.
• Driver will maintain all relevant books, records and accounts relating to the Services provided by Driver and payments collected. Upon reasonable notice, AALA CABS may audit, or may appoint a qualified independent auditor to audit, the books and records of the Driver to verify the accuracy of the amount of payments collected by the Driver. If such audit reveals any discrepancies with respect to the payment collected and submitted to AALA CABS, then in addition to AALA CABS retaining the right to exercise other remedies, may require the Driver to promptly pay AALA CABS an amount equal to the discrepancy and may ask for an additional amount as fine from the Driver. The audits will be conducted at AALA CABS’s expense; provided, however, that if the audit reveals an underpayment by the Driver with respect to collection and submission of payments to AALA CABS in excess of 5% (five percent), then Driver, in addition to payment obligations described above, will promptly reimburse AALA CABS for all reasonable, third party audit fees.
• DEVICE
• Non-AALA CABS Device: For registration on the Auto App, the Driver may bring his own Non-AALA CABS Device, of such model and functionality as may be specified and notified by AALA CABS to the Driver (“Non-AALA CABS Device”). In such event AALA CABS will assist the Driver in installing the Auto App in the Non-AALA CABS Device brought by the Driver after AALA CABS verifies that the Non-AALA CABS Device meets the requirements and specifications as required by AALA CABS. AALA CABS shall also instruct the Driver in the use of the Non-AALA CABS Device in respect of the Auto App and Portal, if required. If the Non-AALA CABS Device is stolen, the Driver shall ensure that the Auto App and his Account is immediately blocked, suspended or deactivated.
• The Driver shall not use the Non-AALA CABS Device or the Financed Device for any illegal or unlawful purposes and shall use the Non-AALA CABS Device or the Financed Device solely in accordance with the terms of this Agreement. The Driver shall solely be responsible and liable for any violations of law committed by the Driver, misuse of the Non-AALA CABS Device or the Financed Device, and/or misuse of the sim card, with the Non-AALA CABS Device or the Financed Device.
• In the event the Auto App or Portal is not functioning properly on the Non-AALA CABS Device or the Financed Device, the Driver shall immediately deposit the Non-AALA CABS Device or the Financed Device only at AALA CABS’s designated offices for any malfunctions with the Auto App and Portal and compatibility of the Non-AALA CABS Device or the Financed Device with the Auto App and Portal.
• If the Non-AALA CABS Device is damaged and is not repairable due to any act or omission of the Driver, the Driver shall immediately approach only AALA CABS’s designated offices with a new Non-AALA CABS Device for installation of the Auto App on the new Non-AALA CABS Device. In this connection, AALA CABS may charge such fees as may be determined by AALA CABS for re-installation of the Auto App in the Non-AALA CABS Device. Additionally, the Driver may also request AALA CABS to provide an AALA CABS Device, as set out in clause 6.5 below. If the Driver is unable to bring a new Non-AALA CABS Device or obtain an AALA CABS Device in accordance with clause 6.5 below, AALA CABS shall be entitled to terminate the these Driver T&C along with the Exhibits with immediate effect.
• AALA CABS Device: For registration on the Auto App, if the Driver does not have a Non-AALA CABS Device, AALA CABS will provide its own device, of such model and functionality and on such payment terms as may be notified by AALA CABS (“AALA CABS Device”), including a non-refundable security deposit, determined at the sole discretion of AALA CABS. In such event AALA CABS will assist the Driver in installing the Auto App in the AALA CABS Device provided by AALA CABS. AALA CABS shall also instruct the Driver in the use of the AALA CABS Device in respect of the Auto App and Portal, if required. For the AALA CABS Device provided by AALA CABS, You shall provide an acknowledgement for receipt of AALA CABS Device in the form as set out as Exhibit D.
• The Driver shall not use the AALA CABS Device for any illegal or unlawful purposes and shall use the AALA CABS Device solely for purposes and in accordance with these Driver T&C and any other policies which form part of the agreement under Clause 16.1. The Driver shall solely be responsible and liable for any violations of law committed by the Driver, misuse of the AALA CABS Device, misuse of the sim card provided, if any, with the AALA CABS Device.
• The Driver shall ensure that the AALA CABS Device is maintained in his possession in a proper manner. AALA CABS may, at its sole discretion, charge such amounts as may be determined by AALA CABS, as a non-interest bearing and non-refundable security deposit for the AALA CABS Device provided to the Driver and provide an acknowledgment for receipt of such security deposit.
• In the event the AALA CABS Device is not functioning properly, the Driver shall deposit the AALA CABS Device only at AALA CABS’s designated office for checking the AALA CABS Device for any malfunctions. If the Device is damaged and is not repairable due to any act or omission of the Driver, the Driver shall pay AALA CABS an amount as deemed fit by AALA CABS. Upon payment of the foregoing amount, AALA CABS shall provide the Driver with a new AALA CABS Device. If the Driver is unable to pay the amounts specified by AALA CABS, the Driver shall return the damaged AALA CABS Device and AALA CABS shall be entitled to terminate the Agreement with immediate effect, with costs where applicable.
• In the event the AALA CABS Device is lost by the Driver, the Driver shall forthwith file an FIR in the police station within the jurisdiction and submit the FIR copy along with the amount specified by AALA CABS in to AALA CABS for a new AALA CABS Device.
• Upon termination of this Agreement or deactivation of your Account, the Driver shall immediately return the AALA CABS Device(s) and in any event not later than ten (10) days from the date of such termination or deactivation.
IT IS HEREBY EXPRESSLY CLARIFIED THAT FOR THE DEVICES ALREADY ISSUED TO THE DRIVER BY AALA CABS, THE DRIVER SHALL COMPLY WITH THE PROVISIONS OF CLAUSES 6.5 THROUGH 6.10 THESE DRIVER T&C.
• LICENSE, PROPRIETARY RIGHTS AND CONTENTS POSTED ON MOBILE APPLICATION
• License Grant: Subject to the terms and conditions of this Agreement, AALA CABS hereby grants the Driver a limited, non-exclusive, non-transferable, non-sub licensable, non-assignable license, during the term of the Driver T&C, to the Auto App on the Portal of AALA CABS solely for the purpose of providing Services to the Portal users and also for settlement of Fees between AALA CABS and the Driver. All rights not expressly granted to the Driver are reserved by AALA CABS.
• Ownership. The Portal, Auto App and Confidential Information, including but not limited to all intellectual property rights such as company name, logos, product and service names, trademarks, services marks or other indicia of ownership (“AALA CABS Intellectual Property”), shall remain (as between the Driver and AALA CABS) the property of AALA CABS. Neither these Driver T&C along with any Exhibits nor the Driver’s use of the Portal and Auto App conveys or grants to the Driver any rights: (a) in or related to the Portal and Auto App, except for the limited license granted above; or (b) to use or reference in any manner AALA CABS’s Intellectual Property.
• The Driver agrees that he/she shall not reproduce, transcribe or make any copies of the AALA CABS Intellectual Property, in any form or manner and not copy or reverse engineer, or attempt to derive the composition or underlying information, structure or ideas of any such AALA CABS Intellectual Property.
• All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Portal is owned, controlled or licensed by or to AALA CABS and is protected under the Applicable Law.
• Except as expressly provided in these Driver T&C, the Driver shall not:
• Copy, reproduce, modify, damage, disassemble, decompile, reverse engineer or create derivative works including, without limitation, translations, transformations, adaptations or other recast or altered versions) from the Portal, or any portion thereof;
• Breach, disable, tamper with, or develop or use (or attempt) any workaround for any security measure provided in the Portal;
• Send spam or otherwise duplicative or unsolicited messages in violation of applicable laws, send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortuous material, including material harmful to children or violative of third party privacy rights;
• Store material containing software viruses, worms, trojan horses or other harmful computer code, files, scripts, agents or programs;
• Use the Portal in a way that infringes or misappropriates a third party’s intellectual property rights or personal rights;
• Use any device, software, or routine to interfere or attempt to interfere with the proper working of the Portal or any activities conducted on the AALA CABS’s servers;
• Copy, sell, sub-license or assign the Portal, and its rights under these Driver T&C, without the prior written consent of AALA CABS;
• Distribute, disclose or allow use of the Portal by any third party in any format, through any timesharing service, service bureau, network or by any other means; or
• Merge or combine the Portal with any other technology not provided by AALA CABS.
• You may use information on the Portal purposely made available by AALA CABS for downloading from the Portal, provided that You:
• do not remove any proprietary notice language in all copies of such documents; or
• use such information only for Your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media; or
• make no modifications to any such information; or
• do not make any additional representations or warranties relating to such documents.
• You shall be solely responsible for any notes, messages, e-mails, billboard postings, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information posted or transmitted to the Portal (“Posted Content”). Such Posted Content will become AALA CABS’s property and You grant AALA CABS the worldwide, perpetual and transferable rights in such Posted Content. AALA CABS shall be entitled to, use the Posted Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include Posted Content. You agree that any Posted Content may be used by AALA CABS in the manner that AALA CABS deems fit, consistent with Applicable Laws and You are not entitled to any payment or other compensation for such use of Posted Content by AALA CABS. AALA CABS will use such information in accordance with the Driver T&C including any AALA CABS Policies. You hereby represent and warrant that You have necessary rights to all the Posted Content and information You provide and are authorized to provide such Posted Content and information for the Portal. Notwithstanding anything contained in this Section, You shall be solely responsible for the Posted Content on the Portal.
• AALA CABS’S RESERVED RIGHTS
• AALA CABS may, upon notice to the Driver, delist or remove the Information pertaining to the Driver from the Portal.
• AALA CABS may in its sole and absolute discretion reduce/cancel any allocated work to the Driver including Service Requests in the event of the Driver’s failure to provide the Service to the satisfaction of AALA CABS.
• AALA CABS may, subject to reasonable notice to the Driver, initiate legal proceedings in case of any breach of, inter-alia, Driver T&C in relation to usage or non-usage of the Device and any facilities provided pursuant or connection with the engagement of the Driver, including but not limited to the AALA CABS Policies.
• PRIVACY TERMS
• AALA CABS stores and processes Your Information, including any sensitive financial information, in accordance with the Information Technology Act, 2000 and the Rules made there under as well as the Privacy Policy of AALA CABS as will be notified to you via Auto App / text message and/ or e-mail or any other mode determined by AALA CABS from time to time. If You object to Your Information being used in the manner prescribed by law or under AALA CABS’s Privacy Policy, please refrain from continuing to use and registering on the Portal.
• AALA CABS reserves the right to access its Portal and/or the AALA CABS Device to enable it to gather relevant information, connected to or in relation to, AALA CABS’s business purposes and pursuant to its ownership of the AALA CABS Device, or as applicable, the Financed Device, and its Portal. AALA CABS undertakes to use such information or content gathered, solely, for protecting its business or protection of the AALA CABS Device or the Financed Device where applicable and in accordance with law. By agreeing to these T&C, the Driver consents to allow AALA CABS the right to obtain such relevant information from the AALA CABS App/Portal.
• Notwithstanding the foregoing, AALA CABS shall be entitled to disclose to all companies within its group, or any government body as may be required by law or by any official directive or request from such government body or any third party through a court process or other official agency, the particulars of Drivers providing Services, in any way as AALA CABS, in its absolute discretion, deems fit or if it considers it in its interests to do so.
• REPRESENTATIONS AND WARRANTIES
• You represent and warrant that:
• You are eligible for registration on the Portal and creation of an Account in terms of these Driver T&C.
• You 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 to which You are a party;
• You are the rightful owner of the Vehicle or have 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 You from the performance of the Services;
• You have all right, licenses and permits as may be required by Applicable Laws to perform the Service in accordance with the terms of these Driver T&C. The Driver hereby represents that he shall maintain and continue to maintain all local licenses, permits, approvals and consents in respect the Vehicle. The Driver shall alone be responsible and liable for any violation of any law, rule or regulation in the performance of its obligations under these Driver T&C.
• You have not been convicted by any court in India or any other country of any crimes including but not limited to involving moral turpitude. Further, You are not a party to any pending litigation which shall materially affect Your obligations under these Driver T&C.
• You undertake that, at all times during the Term, You will:
• abide by these Driver T&C, Zero Tolerance Policy and the AALA CABS Policies, as may be made applicable to You from time to time;
• perform the Service/(s) in accordance with all Applicable Laws;
• not violate the intellectual property rights of any third party and for any breach or violation of such intellectual property rights,
• be solely responsible comply with AALA CABS Policies and adopt appropriate processes to prevent offering any illegal gratification in the form of bribes or gifts either in cash or in kind in the course of all dealings with AALA CABS or the Customer or any other third parties.
• DISCLAIMER
• You understand and acknowledge that AALA CABS disclaims and shall disclaim all representations and warranties to the Customer, of any kind, whether express or implied as to condition, suitability, quality, merchantability and fitness for any purposes in respect of any and all Vehicles of the Driver that are used by the Customers as a part of the Service offered by the Driver through the Portal.
• AALA CABS does not warrant that You will be able to use the Portal and/ or will be able to provide the Service/(s) at all times or locations on the Portal or that the Portal and the services provided through the Portal will be uninterrupted or error-free or that the defects will be capable of being corrected by AALA CABS in a timely fashion. AALA CABS’s Portal, and all other technology developed and installed on the Non-AALA CABS Device by AALA CABS are provided on an “AS IS” and “AS AVAILABLE” basis and AALA CABS specifically disclaims all warranties and indemnities, express, implied or statutory, including without limitation any warranty of merchantability, fitness for a particular purpose, accuracy, completeness, or any other warranty arising from the course of performance or course of dealing. AALA CABS also does not provide any warranties as regards the compatibility of AALA CABS’s installed technology with the Non-AALA CABS Device of the Driver and the results as well as performance of the Portal may vary depending on the model of the Non-AALA CABS Device.
• CONFIDENTIALITY
• You acknowledge that pursuant to this Driver T&C, You will have access to confidential information of AALA CABS and its affiliates which has been provided by AALA CABS. You undertake to keep confidential all data and other confidential information of AALA CABS 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 AALA CABS, and You will not use the same for Your own purpose or distribute such data in any form or means except for the purpose of these Driver T&C and shall keep it confidential at all times. Confidential information would include but not be limited to Customer details, market information, all work products and documents related thereto, the contents of the Portal or any other information which is treated as confidential by AALA CABS, and any other information, whether oral or in writing, received or to be received by You which is agreed to be treated as confidential, whether expressly or by implication.
• INDEMNIFICATION AND LIMITATION OF LIABILITY
• You agree and undertake to indemnify and to hold harmless AALA CABS, its affiliates, successors, agents, assigns, and each of their directors, officers, employees, associates, agents, and representatives from and against any losses, damages, liability, claims, costs, penalty and expenses (including, without limitation, reasonable attorneys’ fees) incurred by reason of
• (i) any breach or alleged breach by You of the Your obligations, performance or observance of Your role, functions, responsibilities, representations, or warranties under the Driver T&C;
• (ii) any violation of AALA CABS Policies or any other policies provided by AALA CABS;
• (iii) any harm to the reputation and goodwill of AALA CABS;
• (iv) any claim of violation of intellectual property of a third party by Driver’s usage of AALA CABS’s intellectual property in a manner not permitted under these Driver T&C;
• (v) Driver’s misconduct or unauthorized access to data on the Portal or permitting in any way by the Driver the transfer of such data to the competitors of AALA CABS or its affiliates; and
• (vii) fraud, negligence and misconduct of the Driver.
• You shall be liable to indemnify and hold AALA CABS harmless against all damages, losses, costs and expenses incurred by AALA CABS as a consequence of any complaint from any Customer received by AALA CABS with respect to defective Service/(s).
• In addition to the indemnification rights of AALA CABS under these Driver T&C, AALA CABS shall also be entitled to such other remedies available under Applicable Laws for breach of contract where time is of essence.
• In no event will AALA CABS be liable for any losses arising from or in connection with these Driver T&C, pursuant to any claim by the Driver against AALA CABS under contract, tort or otherwise, if such losses could have been avoided by the Driver using reasonable efforts to mitigate them. Further, AALA CABS shall also not be liable to the Driver in contract, tort or otherwise for indirect, special, incidental, exemplary, punitive, or consequential damages of any kind whatsoever even if advised of the possibility of such damages. Notwithstanding anything contrary contained elsewhere in the Agreement, the total cumulative liability of AALA CABS to the Driver or to any person claiming under or through it, shall not exceed INR 1000/- (Rupees One Thousand only).
• AALA CABS shall not be responsible or liable for any loss or damage, howsoever caused or suffered by the Driver arising out of the use of the service offered by AALA CABS to the Driver directly or indirectly, for any reason whatsoever, including but not limited to damage or loss caused to You as a result of a Customer’s non-compliance, which includes, but is not limited to, any incorrectly placed voice instructions, malfunction, partial or total failure of any network terminal, data processing system, computer tele-transmission or telecommunications system or other circumstances whether or not beyond the control of AALA CABS or any person or any organization involved in the above mentioned systems. The Driver shall also be liable to AALA CABS for any loss caused to AALA CABS due to the negligence of Driver or any unlawful act or omission in the performance of the Service. Without prejudice to the above, AALA CABS shall not be liable for any direct or indirect loss or damage, which may be suffered by the Driver as a result of any failure by a Customer to show up within any stipulated time even if AALA CABS has agreed to such timing or even if the Customer has advised AALA CABS of the possibility that he / she may not show up within the stipulated time.
• TERMINATION OF DRIVER REGISTRATION
• The Parties to these Driver T&C shall be entitled to terminate these Driver T&C with a prior written notice of 30 (thirty) Business Days to the other Party without assigning any reason for the termination.
• The Parties to these Driver T&C shall be entitled to terminate these Driver T&C for any breach of any obligations, representations or warranties, or any other material terms as contained in this Driver T&C by a Party which is not the Party proposing to terminate the Driver T&C at the end of 5 (five) days from the intimation of such breach to the breaching Party, if such breach is not rectified within 5 (five) days.
• Upon termination of these Driver T&C in the manner set out in Clause 14.1 and 14.2 above, the registration of the Driver on the Portal shall stand cancelled and the Account shall be terminated and the Driver shall not be eligible to ply his Vehicle on the Portal.
• Upon the expiry or early termination of these Driver T&C:
• The Driver shall pay to AALA CABS all amounts due and owing to AALA CABS.
• On the termination of Your registration, AALA CABS will settle the Driver Proceeds which have become due to You on account of the Service to the Customers through the Portal and for other activities agreed under the Driver T&C, prior to the date of termination.
• Each Party shall promptly return to the other Party all property and materials, including confidential information and materials, furnished to it by the other Party pursuant to these Driver T&C. Where the confidential information cannot be returned in material form, the Party shall destroy the other Party’s confidential information.
• The Parties shall cease acting in a manner that would imply a continuing relationship between the Parties and shall cease all marketing and other activities contemplated under these Driver T&C. In connection with the marketing activities, on termination or expiration of the Driver T&C, the Driver shall ensure that AALA CABS branding affixed / displayed on the Vehicle and / or any other branding affixed / displayed on the Vehicle (as directed by AALA CABS and mutually agreed between the Parties), if any, shall be immediately removed. If the Driver is unable to remove the branding himself, Driver shall promptly approach AALA CABS’s nearest office for removal of the branding. AALA CABS disclaims all liabilities, whether civil, criminal, tortious, or otherwise, that may accrue as a consequence of continued use of any branding by the Driver after expiry or termination of the Driver T&C.
• Clauses 7 (License, Proprietary Rights and Contents Posted on Mobile Application), AALA CABS’s Reserved Rights (Clause 8.3), 9 (Privacy Terms), 11 (Disclaimer), 12 (Confidentiality), 13 (Indemnification and Limitation of Liability), 14 (Termination of Driver Registration) and 15 (Dispute Resolution, Governing Law and Jurisdiction) shall survive the expiry/termination of these Driver T&C in accordance with their terms.
• Expiry or earlier termination of this Agreement will not prejudice any rights of the Parties that may have accrued prior to expiry or termination.
• Without prejudice to the foregoing, the termination of Your registration pursuant to any of the provisions contained herein above shall not limit or otherwise affect any other remedy (including a claim for damages), which AALA CABS may have, arising out of the event which gave rise to the right of termination.
• DISPUTE RESOLUTION, GOVERNING LAW AND JURISDICTION
• If any dispute arises between the Driver and AALA CABS, in connection with, or arising out of, these Driver T&C, the dispute shall be referred to arbitration under the Arbitration and Conciliation Act, 1996 (Indian) to be adjudicated by a sole arbitrator to be appointed by AALA CABS. Arbitration shall be held in Srinagar. The proceedings of arbitration shall be in the English language. The arbitrator’s award shall be final and binding on the Parties.
• Subject to the foregoing, the courts of Srinagar shall have the exclusive jurisdiction in connection with this Agreement.
• These Driver T&C shall be governed by and construed in accordance with the laws of India.
• MISCELLANEOUS
• Entire Agreement: The Parties hereby agree that these Driver T&C along with the Exhibits, Commercial Term Segment, AALA CABS Policies, Zero Tolerance Policy and any other policy that AALA CABS notifies to the Driver from time to time shall constitute the entire agreement between them and shall supersede and override all previous communications, either oral or written, between the parties with respect to the subject matter of this Agreement. In the event of any contradiction or inconsistency between the Driver T&C and any other agreement executed between the parties, the terms of the Driver T&C shall prevail unless the exception has been expressly agreed to in writing by making reference to the relevant Clause sought to be modified under these Driver T&C.
• Independent Contractor Status: The relationship created by Driver T&C is that of independent contractors, and not drivers, franchisees or joint ventures. No employees, consultants, sub-contractors or agents of one party is or will be deemed to be employees, consultants, contractors or agents of the other party, nor do they have any authority to bind the other party by contract or otherwise to any obligation, except as expressly set forth herein. The Driver shall not be deemed for any purpose to be an employee of AALA CABS or any of its Affiliates. AALA CABS shall not be responsible to the Driver or any governing body for any payroll-related taxes related to the performance of Services hereunder, including but not limited to, withholding or other taxes related to central or state income tax, social security benefits or unemployment compensation.
• Assignment: Neither these Driver T&C nor any of the rights, interests or obligations hereunder shall be assigned by the Driver to any third party, without the prior written consent of AALA CABS. AALA CABS may, at its sole discretion, assign the rights, interests or obligations hereunder to any person whosoever.
• Force Majeure: Any delay in or failure to perform any obligations by either party under the Driver T&C shall not constitute default hereunder if and to the extent caused by force majeure, which is defined to be occurrences beyond the reasonable control of such Party committing default, including and limited to acts of the government authorities, acts of God, fire, flood, explosion, riots, war, rebellion, insurrection (“Force Majeure”). Provided, however, You shall give prompt written notice within a period of 7 (seven) days from the date of the force majeure occurrence to AALA CABS. You shall use all reasonable efforts to avoid or remove such cause of non-performance and shall continue performance hereunder whenever such causes of force majeure are removed. In the event the Force Majeure event continues for a period of 7 (seven) days from the date on which AALA CABS receives the notice from You as above, AALA CABS shall have the right to terminate these Driver T&C.
• Notices: Any notices, requests and other communications required or permitted hereunder shall be in writing and may be sent by any of the following means to the receiving Party at the relevant addresses set forth in these Driver T&C:
By electronic mail. For the purposes of this sub-clause the Parties’ electronic mail addresses shall be the following, unless otherwise intimated by the Parties to each other,
AALA CABS:support@aalacabs.com;
Driver: (As Per the Records submitted by the driver, while attachment of Vehicle.) By SMS send to mobile number at:
Driver: (As Per the Records submitted by the driver, while attachment of Vehicle.)
By hand, against a written acknowledgement of receipt by the receiving Party.
•
By registered mail:
AALA CABS: Shop No.27 Lachmanpora,Magaramal Bagh Road, Batamaloo, Srinagar – 190001;
Driver: (As Per the Records submitted by the driver, while attachment of Vehicle.)
In the event the delivery of the notice is attempted to be made at all the contact addresses provided by the party, the notice shall be deemed delivered on the third day from the date of the notice.
• Waiver: Either party may exercise a right, power or remedy at its discretion and separately or concurrently with another right, power or remedy. No failure or delay on part of any Party hereto exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other rights, powers or privileges by such party.
• Severability: Any provision that is prohibited or unenforceable in any jurisdiction will, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining portions hereof or affecting the validity or enforceability of such provision in any other jurisdiction.
• Amendment: These Driver T&C may be modified or amended by AALA CABS at its sole and absolute discretion.
Exhibit A ZERO TOLERANCE POLICY
Driver will strictly follow this ZERO TOLERANCE policy which shall be subject to change and any changes shall be intimated to the Driver from time to time via SMS or e-mail.
Sr. # Breach Cases Breach/Fine Consequences
• Asking for tips:
Driver shall not Proactively ask for ‘tips’ from the Customer. Driver shall not hassle the Customer for change. AS INFORMED BY AALA CABS FROM
TIME TO TIME
• Wasting Customer’s Time:
Driver shall not stop the Vehicle for filling fuel
in between the journey. Driver shall not make any Personal stops during the journey.
• Personal hygiene:
Driver shall wear neat AALA CABS uniform & badge (if provided by ALA Cabs and Technologies Private Limited) at all times during duty hour.
Driver shall maintain personal hygiene.
• Customer Service:
Driver shall greet Customers both at pick up and drop.
Driver shall manage the luggage (both at pick-up and drop point).
Driver shall ensure that vehicle’s AC is turned on before Customer sits in the Vehicle
• Vehicle Cleanliness:
Driver shall keep the Vehicle and dashboard clean.
Driver shall make the Vehicle available for field audit within 2 days’ time period from such breach. Till then no bookings shall be provided and the Vehicle will be blocked from the device.
• Disturbing Customer:
Driver shall not play loud music (above mid-level of the stereo) or music through any kind of earphone device.
Driver shall not unnecessarily blow horn. Driver shall not proactively engage into a personal conversation with the Customer and shall not resort to any kind of unpleasant behaviour with Customers.
• No Smoking/Tobacco/Pan/Masala/Food Item:
Driver shall not smoke inside the Vehicle. Driver shall not chew any masala or chewing gum or any other food item while a ride is in progress.
• The Driver 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 Customer.
• The Driver should not make any fake calls or give any missed calls to the Customer’s contact number.
The Driver should only give a call to the Customer informing the Customer about the arrival of the Vehicle at the destination. Driver shall not make unwarranted use of the Customer contact details after the customer has been dropped at the destination.
• The Drivers shall be well versed with the routes. The Driver shall not take any long route when there is another short route known to him for reaching the destination. The Drivers are not expected to halt at several places during the journey due to lack of knowledge of the routes.
• Delay In Pick – Up:
Driver should reach the pickup point (before pick-up time ).
Driver must intimate the Customer that he has reached at the pick - up location
• Driver should keep his mobile ‘ON’ while he is logged into the AALA CABS Portal and he
should receive every call of the Customer.
Driver should not make any deliberate attempt to park the Vehicle in ‘nonnetwork’ area while the Customer is away for his/her personal work.
• Vehicle Branding:
AALA CABS Sticker, if any, on the Vehicle should not be removed till the Vehicle is active on the Platform
• Rude Behaviour with Female Customer: Driver shall not under any circumstance argue with the Customer/use abusive words / raise his voice tone while talking to the Customer.
Driver should follow the instructions given by Customer as well as by AALA CABS Call Centre.
• Mobile Phone Usage:
Driver shall not use mobile phones (unless for emergency purposes) while driving. This includes but not limited to SMS, video calls, voice, MMS and downloading.
However, this shall not apply in case of calls from AALA CABS representatives and the Customer.
• Reporting To AALA CABS :
Driver shall not lie about Vehicle’s position to the AALA CABS representative. Driver shall not report meter readings incorrectly. Driver shall provide opening and closing readings of the odometer on time as and when such reading is required to be provided by the AALA CABS representatives.
• Rash Driving:
Driver 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 Driver shall follow the said prescribed lower speed limits. Driver should not apply sudden breaks and should not take sharp turns that may cause inconvenience to the Customer.
• Driving License (DL) & Other RTO Documents:
While on duty hours with AALA CABS it is mandatory to keep DL and all relevant RTO impacting papers (T-permit, PUC, Insurance, RC, etc.).
• While performing the Services, Driver should not sleep in the Vehicle.
• Driver shall not reject the booking on his own at the time of allotment under any circumstances (unless permitted by AALA CABS).
• Driver shall not reject a booking or a Customer once he has accepted the duty and logged in and shall not switch off his mobile under any circumstances.
• Missing luggage:
Driver should hand over the luggage or bags to the office, if the Customer has mistakenly left any luggage in his cab or the Driver should call to the Customer and inform him that he has forgotten his belonging in the cabs.
• Device Misuse:
Driver shall ensure that the Device (as defined in the Driver T&C) shall not be misused in any way.
For such violations, the Driver’s liability may extend to liquidated damages and/or legal proceedings for breach of Driver
T&C
For such violations, the Driver’s liability may extend to liquidated damages and/or legal proceedings for breach of Driver
T&C
23 (a)For such violations, the Driver’s liability may extend to liquidated damages and/or legal proceedings for breach of
Driver T&C
For such violations, the Driver’s liability may extend to liquidated damages and/or legal proceedings for breach of Driver
T&C
Driver shall ensure that the AALA CABS Device or the Financed Device is not used for any similar commercial purpose other than as provided for in the Driver T&C, the acknowledgement on receipt of AALA CABS
Device, the Confirmation Letter in relation to the Financed Device and other policies introduced and/or amended by AALA CABS from time to time.
However, it is open for the Driver to use any other device for purposes of carrying out any commercial activity(ies)
• Traffic Rules:
Driver shall obey all traffic rules including traffic signals.
Driver shall keep all statutory
documents (insurance documents, vehicle registration book/card, PUC Certificate, etc.) at all times.
Driver shall wear seat belt all the time while driving.
• Driver lying or completing service in bad-faith:
Driver should follow the best and shortest possible route to reach the destination.
Driver should not misrepresent or misguide the routes or duty slips to increase the fare.
• Driver shall not consume/intake or be under the influence of alcohol or narcotic substances while logged into the AALA CABS
Portal.
• Abusive or discriminatory Driver: Driver should not do anything like abusing the Customer, talking to Customer or any such behaviour which shall make the Customer feel uncomfortable during journey. Driver should not discriminate against Customer for any reason, including on the basis of sex, race, caste, creed, religion, disability or nationality.
• R u d e b e h a v i o u r / C u s t o m e r inconvenience:
Driver should not ask the Customer to get down from his vehicle in the middle of the journey even if any misunderstanding or verbal
fights happen between the Customer and the Driver. If his Vehicle gets breakdown he himself should call the AALA CABS office and make arrangement for another vehicle at any cost for the Customer and drop the Customer to the drop location.
• Extra Ordinary Circumstances:
Any instance of Driver’s behaviour that directly or indirectly impacts the Company’s “Brand Image”.
• Maximum Weight
Never load the vehicle above the manufacturer’s maximum specified weight.
• Medically Fit
Never drive the vehicle if medical conditions will impact the driving.
• Unauthorized Goods or Persons
Not carry any unauthorized goods or persons till the completion of the Ride.
Exhibit B Commercial Terms Segment
In addition to the definitions, above:
“Operator Minimum Bill” shall mean the minimum amount, per completed ride, payable to the Driver, as per minimum fare prescribed;
“Cost per km” shall mean an additional amount, over and above the Operator Minimum Bill, that may be paid to the Driver at AALA CABS’s sole discretion;
“Wait Time Cost” shall mean an additional amount, over and above the Operator Minimum Bill, that may be paid to the Driver at AALA CABS’s sole discretion;
“Trip Time Cost” shall mean an additional amount, over and above the Operator Minimum Bill, that may be paid to the Driver at AALA CABS’s sole discretion;
“Convenience Fee”/“Access Fee” shall mean the fee payable by the Customer to AALA CABS for the Service i.e., for availing the technology services offered by AALA CABS, door to door service, wi-fi access, customer support and cashless payment options. Convenience Fee shall be chargeable on every booking made through the Site. The Convenience Fee shall be exclusive of all applicable taxes on the Convenience Fee, if any;
“Operator Commission Fee” shall mean the pre-determined fee payable by the Driver to AALA CABS for facilitation of business i.e. obtaining bookings, on his behalf by AALA CABS;
“Platform Fee” shall mean:
• in case of AALA CABS Device, the non-refundable fee charged to the Driver, at AALA CABS’s sole discretion, for use of the Platform, maintenance of Device, AALA CABS support, SIM/Data Fee and so on.
• in relation to Non-AALA CABS Device, at AALA CABS’s sole discretion, the non-refundable fee charged to the Driver for AALA CABS support and SIM/Data provision and so on.
Terms and Conditions
• All payments due to the Driver shall be made through NEFT/RTGS etc., as mutually agreed from time to time.
• You authorize AALA CABS to make deductions from the Driver Proceeds which includes the following:
• Tax Deduction at Source (TDS) as per the Income Tax Act, 1961, where applicable;
• service tax and other applicable taxes; and
• and any other amounts due and payable by the Auto Driver to AALA CABS as per applicable law.
• The terms in this Commercial Terms Segment are subject to change and will be communicated to the Driver via SMS/call to registered mobile number.
• The Driver hereby agrees that discounts/convenience fee given/charged to the users of the Portal, if any, will be decided by AALA CABS on a case-to-case basis and is at the sole discretion of AALA CABS and subject to change.
• In the event a Driver returns the AALA CABS Device, then subject to provisions of the these Driver T&C and the acknowledgement, AALA CABS will not return the security deposit (charged at the time of giving the AALA CABS Device to the Driver and determined at AALA CABS’s sole discretion).
• AALA CABS reserves the right to change the rates and payment terms between the Driver and AALA CABS as mentioned in this Commercial Term Segment at any given point in time, which shall be notified to the Driver.
• Credit Limit: The Driver shall be allowed an amount of Rs. [500] as the Credit Limit. “Credit Limit”, which shall mean the allowable outstanding receivables of AALA CABS from the Driver. The Driver shall ensure that the Credit Limit shall not exceed Rs. 500 at any point in time. However, AALA CABS shall at its sole discretion change the allowable Credit Limit for the Drivers from time to time and shall notify the same to the Driver.
• AALA CABS shall notify the Driver as soon as the outstanding approaches Rs. 500. Once, the Credit Limit exceeds the above specified limit, the Account will become inactive without any further notification. The said Vehicle will not be allotted any further bookings till the Driver pays the outstanding amount exceeding the specified Credit Limit. The Driver can pay the outstanding amount via cash, cheque or NEFT. In the event, the Driver does not pay the outstanding amount; AALA CABS retains the right to initiate legal proceedings to recover the same.
• Settlement: Pursuant to any settlement (“Settlement”) that the Auto Driver is required to make with AALA CABS, under the terms of this Agreement and/or these the Driver T&C, whether for a breach of this Agreement and/or otherwise, AALA CABS shall send a report of the Settlement by short message service (SMS)/email/post, giving full details of the amounts and reasons thereof, forming part of the Settlement, to the Driver. The Driver shall make payment of the amounts mentioned in the Settlement to AALA CABS within 7 (seven) days from the date of receipt of such Settlement details. If the Driver fails or refuses to make payment in respect of such Settlement within such seven 7 (seven) days, AALA CABS shall have the right to recover the balance forthwith from the Driver or initiate legal proceedings in this regard.
1. You may be charged a cancellation fee if any one of the following occurs:
(a) where:
o (i) the estimated time of arrival of the driver is less than 5 minutes and you cancel the booking 3 minutes or later after the booking has been accepted by the driver, or
o (ii) the estimated time of arrival of the driver is 5 minutes or more and you cancel the booking 5 minutes or later after the booking has been accepted by the driver, or
(b) a driver has already arrived at your pickup location, or
(c) a driver cancels the booking after waiting at your pickup location for 5 minutes or more, or
2. However, the cancellation fee will not be charged if the driver is delayed in reaching the picking up location by more than 5 minutes from the shown estimated time of arrival.
3. The cancellation fee amount may vary depending on your city, and the vehicle category selected.
4. A cancellation fee, if charged, will be added to the total bill amount of your next Aala Cabs ride.
