Driver Agreement - taxinamobility.com

Terms and Conditions for Drivers

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.

“Taxina, owned and operated by Taxina Mobility Private Limited (referred to as ‘Taxina’, ‘Taxi’na’, ‘Company’, ‘us’, ‘we’), a company incorporated under the Companies Act, 1956/2013, with its registered office at No 1, Swarnambigai Street, Opposite Town Railway Station, Salem, Tamil Nadu 636001, provides a technology-based software or mobile application (‘Taxina App’, ‘Platform’, ‘Taxina Driver App’).

This app facilitates on-demand transportation services to customers using three-wheelers (‘Auto’) and four-wheelers (‘Cab’) (collectively “Vehicle(s)”)and operated by vehicle operators (‘Driver(s)’) who utilize the Company’s software.

By using the Taxina App, you agree to be bound by these Terms and Conditions. Taxina reserves the right, at its sole discretion, to change, modify, add, or remove these Terms and Conditions, in part or in whole, at any time, without prior notice to you. It is your responsibility to periodically review the Terms and Conditions for any changes. Your continued use of the Taxina App following the posting of changes will indicate your acceptance of and agreement to the revised Terms and Conditions.

This document clarifies the relationship between Taxina, the Taxina App, and the drivers, and emphasizes the drivers’ responsibility to stay informed about any updates to the Terms and Conditions.

1. Definitions

All terms defined and capitalized in these Driver Terms and Conditions shall have the meanings assigned to them below:

1.1 Applicable Laws: Refers to the Information Technology Act, 2000, Information Technology (Intermediaries Guidelines) Rules, 2011, and any related rules and regulations.

1.2 User(s): Denotes a person who books a ride through the Taxina App to avail transportation services provided by a Driver using the Company’s software.

1.3 Fare: Represents the amount of charges paid or payable by a Customer to the Driver for a ride booked through the Taxina App and completed.

1.4 Information: Refers to the details provided by the Driver for registration and onboarding on the Taxina Driver App.

1.5 Driver Service: Indicates the transportation service provided by a Driver to the User.

2. Registration and Use of the Platform

1. Taxina facilitates a platform for Drivers to connect with Users seeking transportation services, using their own Vehicles, while adhering to mutually agreed terms and conditions.

2. During onboarding, Taxina will request Driver Information for identity verification and necessary checks, including background verifications and documentation.

3. By using the Platform, you authorize Taxina, whether directly or indirectly through third parties, to collect information about you including Driver Information, or make any inquiries necessary to validate your identity including background checks, in accordance with our Privacy Policy. Please read the Privacy Policy to understand how we collect, process and share your information, including Driver Information, personal information and sensitive personal data or information.

4. Subject to applicable laws, Drivers may disclose Driver Information or any related information to a third party, governmental agency, or judicial body in the event of a complaint, dispute, or conflict. This includes situations such as accidents involving the Driver and an end-consumer or a third party.

5. Providing accurate and complete Information during registration, including contact details and banking information, is imperative. Taxina relies on the authenticity of provided information and cannot be held liable for inaccuracies.

6. To access the Taxina App, Drivers must meet specific eligibility criteria and submit required documents as per applicable laws and Taxina’s internal policies.

7. By registering on the Taxina App, you agree to the following:

● You possess at least 2 years of driving experience.

● You have not been convicted of certain offenses, including driving under the influence or any cognizable offense under the Code of Criminal Procedure, 1973, in the past 3 years.

● Your Vehicle has no pending challans prior to integration with the Taxina App.

8. It is the Driver’s responsibility to create and maintain their Account with accurate and up-to-date Information. Taxina reserves the right to take necessary actions, including account termination or restriction, if essential information cannot be obtained or verified.

9. Safeguarding the confidentiality of login credentials (username, password, etc.) is crucial to prevent unauthorized access to the Driver’s Account. Taxina cannot be held responsible for unauthorized use resulting from credential compromise.

10. Taxina shall communicate with Drivers regarding services, updates, or support through various channels, including electronic means, phone calls, and in-app notifications.

11. Once registered, Drivers’ availability will be displayed on the Taxina App, allowing Users to engage their services based on mutually agreed fare terms.

12. After the acceptance of the service request from you, you can communicate with the User on the Taxina App.

13. The Taxina App will reflect your quoted price for the distance between your chosen pick up and drop off location. The charges will be decided by you and the user mutually. Taxina is not involved or responsible for fixing the charges for the service.

3. Payment Terms

1. The Company has the discretion to charge subscription fees from the Driver for the Platform provided by Taxina. These fees will be updated on the Platform from time to time and will be subject to applicable taxes.

2. Drivers will receive payments directly from Users for services rendered.

3. Once a fee is agreed upon and confirmed on the Taxina App between the Driver and the User, it constitutes a binding contract for the agreed services from the User’s chosen pick-up location to their chosen drop location.

4. Taxina will display the Driver’s quoted price on the Platform.

5. Drivers may levy cancellation fees, refunds, or other charges, including applicable taxes, on Users in connection with the services. These payments are part of the contractual arrangement between the User and the Driver and must be settled directly between them. Taxina bears no responsibility or liability for such payments.

6. Drivers must issue appropriate invoices to Users as required under applicable law, including goods and services tax laws. Taxina does not issue invoices to Users as transactions and payments are settled directly between Users and Drivers.

7. Drivers acknowledge that Taxina is not responsible for settling payments owed to them by Users or owed by them to Users.

8. These Terms and Conditions are subject to prevailing statutory taxes, duties, fees, and charges. Drivers agree to comply with applicable laws to enable Taxina to claim or verify any tax-related credits, rebates, or refunds.

9. Drivers are responsible for collecting and remitting all taxes associated with their services and transactions. Taxina bears no responsibility for tax-related issues arising from transactions between Users and Drivers.

10. The Company reserves the right to vary or discontinue any services provided and may make changes to the services available.

11. The fare is determined by the Tamil Nadu State Government Rules, factoring in charges applied by the Driver, and is not determined by the Company.

4. Obligations of Driver

1. The Driver must be at least 18 years of age or the age of legal majority as per the Indian Contract Act, 1872, to avail the Platform of the Company.

2. The Driver shall ensure the registration of the Vehicle at all times and shall maintain all necessary licenses, insurance, and permits required under Applicable Law.

3. The Driver shall refrain from undertaking any unlawful or illegal activity while performing services.

4. The Driver shall not allow unauthorized persons to drive the Vehicle and must ensure that the Vehicle is always in a safe condition.

5. Any deviation from the terms of these Terms and Conditions must be immediately reported to Taxina by the Driver.

6. The Driver must obtain and maintain insurance, including third-party insurance, for the Vehicle as required by Applicable Law. Taxina shall not be liable for any insurance or premium payments related to the Vehicle or any liability arising from the operation of the Vehicle.

7. The Driver must understand and confirm proficiency in the language of the Taxina Driver App and select the preferred language accordingly.

8. The Driver must have a functioning mobile number and be able to read text messages sent by Taxina regarding User details. The Driver is solely responsible for reading and acting upon any instructions sent via text messages.

9. If a User leaves property in the Vehicle, the Driver must not tamper with it and must report it immediately to the User with assistance from Taxina if necessary. Any pilfering

or tampering with the User’s property by the Driver will result in sole liability for damages claimed by the User and potential termination of the Driver’s registration by Taxina.

10. The Driver must participate in any training sessions organized by Taxina as required by Applicable Law.

11. The Vehicle is the sole responsibility of the Driver, who bears the responsibility for any loss or damage caused by a User or any third party.

12. The Driver must comply with all Applicable Laws, including holding a valid driving license and possessing registration and insurance papers for the Vehicle.

13. Taxina is not responsible for any cancellations or refusals of Driver Services.

14. Taxina assists Users in locating Drivers willing to offer transportation Services.

15. The costs associated with maintaining the Vehicle are the responsibility of the Drivers.

16. The Driver is solely responsible and liable for: a. Failure to complete a ride
b. Failure to pick up Customers at the allotted time and/or place
c. Acts or omissions, including rash or negligent driving, harassment, or violations of Applicable Law
d. Provision of services
e. Any danger caused to Users while using the Driver Service
f. Charging excess amounts from Users beyond the total Fare
17. Any complaints regarding the Vehicle or Driver are the liability of the Driver, and Taxina shall not be responsible. Taxina may terminate the Account of a Driver at its discretion in the event of serious complaints.
18. The Driver must not copy or distribute any content on the Taxina Driver App without written permission from the Company. The Driver is granted a personal, non-exclusive, non-assignable, and non-transferable license to use the Software provided by the Company solely for accessing the Software. Any attempt to sublicense, assign, or transfer rights under this license is void and may result in termination of the Account. The Driver agrees not to copy or duplicate any part of the Software or create source programs from the object programs.

19. In relation to the Platform, the Driver agrees to:

(a) Not authorize others to use Your Account on the Platform.

(b) Not assign or transfer Your Account to any other person or legal entity.

(c) Not use the Platform for unlawful purposes, including sending or storing unlawful material or for fraudulent purposes.

(d) Not consume alcohol or drugs before or during the provision of services. Taxina has a zero-tolerance policy regarding the use of drugs, alcohol, or other illegal substances, and strict action will be taken, including suspension or termination of services/account, upon violation.

(e) Not impair the proper operation of the network/Platform or use any malicious software or tools intended to damage or interfere with the Platform’s functionality.

(f) Not impose an unreasonable load on the Platform’s infrastructure or engage in denial-of-service attacks or spamming.

(g) Not attempt to harm the Platform in any manner.

(h) Not copy or distribute any content on the Platform without written permission from the Company.

(i) Not use the Platform with an incompatible or unauthorized device.

20. Additionally, the Driver will not upload, display, share, or transmit any information that: (a) Belongs to another person without proper authorization.

(b) Is harmful, offensive, harassing, obscene, pornographic, invasive of privacy, hateful, racially or ethnically objectionable, or otherwise unlawful.

(d) Harms minors or is harmful to children.

(e) Contains commercial material or solicitation of funds.

(f) Deceives or misleads recipients or contains misinformation.

(g) Impersonates another person.

(h) Contains viruses or malicious computer code.

(i) Threatens national security or public order.

(j) Involves unverified online games.

(k) Promotes impermissible online gaming or advertisements.

(l) Violates any applicable law.

21. The Company reserves the right to immediately terminate the Driver’s use of the Platform for non-compliance with the above rules.

22. Drivers must comply with applicable laws regarding maximum operating hours and mandatory breaks.

23. Drivers consent to providing identity documents for background checks as required by Taxina’’s policies.

24. Taxina or its personnel may conduct spot checks of Vehicles to ensure compliance with these Terms and Conditions.

5. Representations and Warranties

1. Drivers have not been convicted of any crimes involving moral turpitude by any court in India or any other country.

2. Drivers have the necessary authority or assignment to drive the Vehicle, and there are no restrictions on its use.

3. Drivers possess all the rights, licenses, and permits required by applicable laws to comply with these Terms and Conditions. Drivers adhere to traffic regulations and agree to maintain and continue to maintain all local licenses, permits, approvals, and consents necessary for the operation of the Vehicle. Drivers are solely responsible and liable for any violations of laws, rules, or regulations in performing your obligations under these Terms and Conditions.

4. Drivers have the requisite authority or assignment to drive the Vehicle without any restrictions hindering their performance of services or use of the Platform.

5. Drivers comply with the Motor Vehicles Act, 1988, and other applicable laws, including rules, regulations, and orders notified thereunder.

6. Drivers ensure the Vehicle is kept clean and in proper condition.

7. Drivers will not carry any weapons, firearms, ammunition, explosive devices, or dangerous substances while performing your services.

8. Drivers are in sound health condition as required by applicable law.

9. Drivers adhere to applicable laws, road safety regulations, and traffic norms to ensure Users’ reasonable experience.

6. Confidentiality:

Drivers acknowledge that, under these Terms and Conditions, you will have access to confidential information belonging to the Company and other sensitive data. Drivers agree to maintain the confidentiality of all such information and data provided to you and undertake not to disclose or make it available to any third party, whether by sale or otherwise.

7. Indemnity:

The Driver agrees to indemnify, defend, and hold harmless the Company, its affiliates, licensees, officers, directors, agents, and employees from any claim, liability, loss, damage, expense (including attorneys’ fees), or obligation arising from or related to:

(i) Driver use or misuse of the Platform or services;

(ii) Any breach or violation of these Terms and Conditions by Driver; and

(iii) Claims from third parties resulting from or connected to your use of the services provided by Partners, Platform, or the services.

8. Relationship Between the Parties:

The Driver functions as an independent contractor under these Terms and Conditions. The connection between the Company and the Driver is strictly on a principal-to-principal basis, and these terms do not establish a partnership, joint venture, agency (disclosed or undisclosed), franchise, sales representative, or employment relationship between them. It is explicitly stated that the Driver does not possess the authority to enter into contracts on behalf of the Company.

Furthermore, the Driver is not considered an employee of Taxina or any of its Affiliates for any purpose. Taxina bears no responsibility for any payroll-related taxes associated with the Driver’s services or for withholding any taxes, including but not limited to central or state income tax, social security benefits, or unemployment compensation.

9. Disclaimers:

The Company acknowledges that the reliability, timeliness, quality, and uninterrupted operation of the services provided by Taxina and/or the Platform cannot be guaranteed. The

services and Platform are offered “AS IS” and “AS AVAILABLE,” with the Company disclaiming all warranties, express or implied, regarding security, timeliness, uninterrupted operation, or error-free functionality.

All conditions, representations, and warranties, whether express or implied, including merchantability, fitness for a particular purpose, or non-infringement of third-party rights, are hereby excluded to the highest extent. Users assume all risks associated with using the Platform, with no recourse to the Company.

All rights not claimed under these T&Cs or by the Company are reserved. Information on the Platform is intended for general personal use, and users accept full responsibility for its use.

Neither party will be responsible for delays or failures beyond its reasonable control, including strikes, riots, acts of God, and similar occurrences.The Company will not be liable for damages resulting from the use or inability to use the Platform, including electronic communication failure or virus transmission.

Access to the Platform may be limited or delayed due to internet-related factors beyond the Company’s control, including server failures, software bugs, and government restrictions.

Drivers are independent service providers, and the Company is not responsible for their behavior, actions, or service quality. Any service contracts and payments are solely between the User and the Driver.

The Company does not directly provide services but facilitates lead generation and connects Users with third-party service providers, such as Drivers.

The quality and provision of services are solely the responsibility of the Driver, as per the agreement with the Users. The Company has no control over the Driver Services and shall not be liable for any disputes arising between Driver and Users. Additionally, the Company bears no responsibility for any non-receipt of Fare by the Driver from their Users.

10. Limitation of Liability:

The Company shall not be liable for any special, incidental, indirect, or consequential damages arising from or related to the Terms and Conditions, even if the Company has been informed in advance of the possibility of such damages. Additionally, the Company disclaims any responsibility for the quality, suitability, or fitness for any purposes of the software provided to the Driver. Furthermore, the Company holds no liability for the behavior, actions, or services provided by the Driver, nor for the quality of the Vehicle. Any contractual agreements for services are solely between the User and the Driver, with Taxina having no involvement as a party.

Taxina will not engage in disputes or negotiations between User and the Driver, nor manage payments between the parties. The responsibility for decisions regarding services offered via the Driver, software, and/or the Platform rests solely with you.

Furthermore, Taxina shall not be liable for any indirect, punitive, incidental, special, or consequential damages, whether based on contract, tort, negligence, or otherwise, even if advised of the possibility thereof.

11. Termination:

The Company, represented by Taxina, retains the right to terminate these Terms and Conditions at any time and with immediate effect, at its sole discretion, by disabling the Driver’s registration on the Platform and prohibiting further use of the Platform.

Termination may occur for one or more of the following reasons:

(a) Violation or breach of any term of these Terms and Conditions or non-compliance with applicable laws;

(b) Misuse of the Platform by the Driver, as determined by the Company; or

(c) Where the Company deems the continuation of the Driver’s services detrimental to Taxina’s business interests due to the Driver’s actions.

The Company may terminate these Terms and Conditions immediately without prior notice.

In addition to its termination rights, Taxina reserves the right to initiate legal proceedings against the Driver immediately if there is reason to believe the Driver has engaged in fraudulent activity, violated the Platform’s Terms and Conditions, or contravened applicable laws. Taxina shall not be held responsible for any consequences arising from such legal actions against the Driver.

Upon termination:

(a) The Driver must cease accessing the Platform and offering services; and

(b) The Driver must discontinue holding themselves out as a service provider integrated with or connected to Taxina in any manner.

12. Proprietary Rights:

The Company asserts full ownership and lawful licensing rights over all aspects of the Platform and associated digital content. This includes design elements, text, images, graphics, sounds, videos, and other materials protected by intellectual property laws.

“Intellectual Property Rights” encompass patents, copyrights, trademarks, trade secrets, and other proprietary rights. All such rights pertaining to the Platform and its content remain vested in the Company, its affiliates, agents, representatives, or licensors.

The Company grants the Driver a limited, non-exclusive license to download and use the Taxina Driver App for providing transportation services, subject to adherence to the Terms and Conditions.

The information provided by the Driver, referred to as “Driver Information,” is owned solely by the Driver. However, the Company is granted a license to utilize this information for Platform operation and service provision to Users.

The Driver agrees not to engage in any actions that would infringe upon the Company’s proprietary rights, including but not limited to selling, modifying, or reverse-engineering the Platform. Additionally, automated programs that disrupt Platform operations are prohibited.

13. Governing Laws, Jurisdiction and Dispute Resolution:

These Terms shall be governed exclusively by the laws of India. Any dispute, conflict, claim, or controversy arising from or relating to the software or these Terms and Conditions, including issues regarding validity, interpretation, or enforceability, shall first be submitted to mediation proceedings under Indian law.

If the Dispute remains unresolved after Thirty (30) days following a mediation request under Indian laws, it shall be referred to and exclusively resolved by arbitration under the Arbitration and Conciliation Act, 1996 (“Act”). The arbitration shall be conducted by one (1) arbitrator appointed in accordance with the Act, with Chennai, India, designated as the venue for both mediation and arbitration.

The mediation and arbitration proceedings shall be conducted in English, unless the party involved does not speak English, in which case proceedings shall be conducted in both English and the party’s native language.

All aspects of the mediation and arbitration proceedings, including documents, correspondence, and awards, shall remain strictly confidential and not disclosed to any third party without express written consent from the other party, except where disclosure is necessary for conducting the proceedings and the third party agrees to confidentiality.

14. Change of Business Ownership and Control:

If Taxina undergoes a transaction that alters the structure of its business, such as reorganization, merger, sale, transfer, change of control, or other disposition of all or any portion of the business, Taxina will transfer, share, or assign data, including Personal Information, to the relevant entity. The receiving entity will ensure that there is no adverse material change in the management, access, storage, or handling of the data and will implement adequate measures to protect the confidentiality and security of the information, in accordance with applicable law.

15. Assignment:

The Driver shall not assign these Driver Terms and Conditions or any rights, interests, or obligations hereunder to any third party without the prior written consent of the Company.

16. Amendment:

The Company reserves the right to modify or amend these Driver Terms and Conditions at its sole and absolute discretion.

17. Severability:

If any provision or part of a provision of these Terms and Conditions is deemed invalid, unenforceable, or prohibited by applicable laws of India, such provision or part shall be severed from these Terms and Conditions. The remainder of these Terms and Conditions shall remain valid, binding, and of like effect as though such provision was not included herein.

18. Customer Care and Grievance Redressal:

The Company may provide notice through a general notice on the Taxina Driver App or via electronic mail to the email address provided by the Driver. Any notices from the Driver should be sent to contact@taxina.in.

You can also reach out to the Customer Care through our 24*7 Call support +91 63993 53993, with respect to any technical issues faced by you on the Platform.

#1, Swarnambigai Street, Opp to Salem Town Railway Station, Salem – 636001