Terms & Conditions (Driver)

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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.

Hamshika Technologies (“Drivkaro”/ “Company”/ “us”/ “we”/ “our”) provides technology-based platform, as Software-as-a-Service (“SAAS”), and acts as a discovery platform for enabling lead generation for drivers, who shall offer driving class services to the Customers through four-wheelers (“Cars”) and other platform based support services, as SAAS, as offered by Drivkaro from time to time by means of the Company’s website and the mobile application “Drivkaro App” (collectively, “SAAS Platform”).
The driving class services are provided/ offered by third party vehicle operators, service providers or drivers who wish to use the Platform to discover their customers hereinafter referred to as (“Driver(s)”/ “you”).

On the basis of the representations and warranties provided by the Drivers, the Company has agreed to onboard drivers on the Platform and to enable the drivers to discover their customers. The driver shall act in accordance with the terms and conditions as hereinafter provided and any other policy or agreement or document made applicable / executed by you for the purpose of your usage of the Platform (collectively, “T&Cs”). These T&Cs will govern the relationship between you and the Company in the course of your usage of the Platform. By signing up or registering on the Platform, you acknowledge that you have read and understood these T&Cs and agree to be bound by these T&Cs, without any limitation or qualification. If you do not agree with these T&Cs, please do not sign up or register on the Platform.

These T&Cs expressly supersede prior agreements or arrangements with you. Use of, and access to, the Platform, is offered to you upon the unconditional acceptance of all the terms, conditions and notices contained in these T&Cs and Privacy Policy (which is incorporated herein by reference), along with any amendments made by the Company at its sole discretion and posted on the Platform from time to time.

These T&Cs expressly supersede prior agreements or arrangements with you.

  • I. REGISTRATION ON AND USE OF THE PLATFORM
    • 1. We provide the SAAS Platform on which you may discover your customers and may choose to provide driving class services on your own by means of Vehicles, in accordance with terms and conditions that you may agree with your customers who request for and/ or avail such driving class services (“Customers”) and the Driver.
    • 2. Drivkaro may collect Driver Information (defined below) at the time of onboarding of the Driver, to establish the identity of the Drivers. Drivkaro reserves the right to store, process, access and use the driver Information for business purposes and needs, marketing, service, development, analytics, research, as Drivkaro may deem fit and in accordance with Drivkaro’s Privacy Policy and applicable law. The driver hereby expressly consents to such collection and use of driver Information.
    • 3. Subject to applicable laws, Drivkaro may provide to a third party, governmental agency, judicial body, any Driver Information or information relating to the Driver, if there is a complaint, dispute or conflict, including any accident involving a driver on one hand and end-consumer, or a third party on the other hand.
      “Driver Information” shall mean and include any personal data or Information collected from the Driver, including know your customer documents, mobile number, and any other Information that Drivkaro may deem fit.
    • 4. By using the Platform, you authorize Drivkaro, 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 as mandated by law and 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 (collectively, “Information”).
    • 5. When you provide any Information to Drivkaro, you will provide only true, accurate, current, and complete Information. You understand and acknowledge that the responsibility to provide correct Information, including your contact information, lies solely with you. We will not be responsible to verify the accuracy of the Information provided by you.
    • 6. To use the Platform, you should be eligible as per the onboarding criteria and provide such documents as requested by Drivkaro (from time to time) as per applicable law and Drivkaro’s internal policies, and ensure continued compliance with the same.
    • 7. Particularly, you represent, warrant and covenant to Drivkaro that:
      • a. You have at least 2 years of driving experience;
      • b. No proceeding is pending against you regarding and neither have been convicted of (a) driving under the influence of drugs or alcohol or (b) any cognizable offence under the Code of Criminal Procedure, 1973, including fraud, sexual offences, use of a motor vehicle to commit cognizable offence, or of any crime involving property damage, theft, acts of violence, or acts of terror, in the past 3 years; and
      • c. You have cleared and have no pending challans applicable to the Vehicle prior to integration with the Platform.
    • 8. You must register on the Platform and create an account on the Platform (“Your Account”) by providing accurate Information as sought during the registration process.
    • 9. Further, we may ask you for Information or documents that will allow us, whether directly or indirectly through third parties, to reasonably identify you, requiring you to take steps to confirm your right over your email address or financial instruments, or verifying your information against third party databases or through other sources. We reserve the right to terminate, suspend, or limit access to the Platform in the event we are unable to obtain or verify this Information.
    • 10. You are solely responsible for maintaining the confidentiality of your credentials (Customer name, password, etc.) provided upon registration by you, and the Company is not liable for any loss you may incur as a result of someone else using Your Account, either with or without your knowledge.
    • 11. You agree to accept responsibility for all activities that occur in or from Your Account, and agree to establish reasonable security procedures and controls to limit access to the password or other identifying information of Your Account to unauthorized individuals, which includes choosing passwords and other credentials in a manner that will protect the security of your Information. Your credentials include your customer’s name and password to Your Account and to any third-party account you have used to login to Your Account.
    • 12. Drivkaro will not be liable for any breach of security or unauthorized use of Your Account.
    • 13. The Company will not be liable if you do not download the correct mobile application including correct and compatible version of the Drivkaro mobile application.
    • 14. You agree that Drivkaro (either directly or indirectly through its affiliates or third parties) may communicate with you in connection with the SAAS based platform services offered by Drivkaro on the Platform to You, either electronically (for example, push notifications), or through phone calls, WhatsApp messenger application, email, or in writing through other modes.
    • 15. Once you have registered Your Account, you will be discoverable on the Platform to your Customers and will be able to offer and provide driving class services based on the pick-up location and drop location chosen by your customers and the driving classes fare mutually agreed between you and your customers.
    • 16. After the acceptance of the driving classes service request by you, you can communicate with your Customers on the Platform until the start of the driving class.
    • 17. The Platform will reflect an indicative price for the selecting the car. The driving classes fare will be decided by you and the Driver mutually. Drivkaro is not involved or responsible for fixing the driving classes fare for the driving classes service.
  • II. GENERAL COVENANT

    In relation to your access of the Platform and to provide the driving class services, you covenant and agree to the following:

    • 1. For the purposes of registration/ creation of an account on the Platform and providing the driving class services, you confirm that you are 18 years of age.
    • 2. You are not restricted by any legal, regulatory, judicial, quasi-judicial or other authority, to access the Platform or provide the driving classes.
    • 3. You will provide the driving class services solely as permitted and in accordance with these T&Cs, while operating on SAAS Platform
    • 4. These T&Cs impose valid and legally binding obligations on you and are enforceable against you.
  • III. PAYMENT TERMS
    • 1. The Company has the discretion to charge 10% fees from the Driver in consideration for the SAAS Platform provided by Drivkaro, as updated on the Platform from time to time, which will be subject to applicable taxes. ( eg: 5000*10/100 =500) 4500 will be credited to driver account
    • 2. Driver will not receive the driving classes fare directly from their Customers, Drivkaro will receive the total driving classes fare from the customers and pay to the driver on weekly or end of the total driving classes session.
    • 3. Drivkaro may display an estimated driving classes fare range based on market rates that apply to the unavailability of drivers, busy timings, route and approximate distance your customers have chosen on the Platform which you may use as guidance for you to quote or accept the driving class fare. However, Drivkaro makes no guarantee or warranty with respect to the accuracy or reliability of the driving class fare displayed and is merely provided for guidance.
    • 4. Drivkaro may levy on their customers cancellation fee, refund, or other charges including applicable taxes in connection with the driving class services. These charges, fees, and any other payments owed by customers to the company or owed by the company to their Customers are part of the contractual arrangement between company and Customers.
    • 5. If the Company is not able to provide leads to the Driver on account of platform or app related issues, then the Company may not compensate the Driver at its own discretion.
    • 6. The Driver will not issue appropriate invoices as required under applicable law including Goods and Services Tax laws, to their customers for or in connection with the driving class services. Drivkaro will issue the invoice to Driver’s Customers or enable the Driver to issue any invoices in connection with the driving class services to their customers, as the transaction in connection with such driving class services, including payments of driving classes fare, are to be settled directly between Customers and the Company.
    • 7. Company agrees and acknowledges that Drivkaro is responsible for the settlement of any payments owed to customers.
    • 8. These T&Cs are subject to all prevailing statutory taxes, duties, fees, charges and/or costs, however denominated, as may be in force and in connection with any future taxes that may be introduced at any point of time.
    • 9. The Company reserves the right to vary, or discontinue, any of the platform-based services and/ or making the platform available in their entirety.
  • IV. YOUR CONDUCT
    • 1. In relation to the Platform, the driver agrees to:
    • a. Not authorize others to use Your Account on the Platform;
    • b. Not assign or otherwise transfer Your Account to any other person or legal entity;
    • c. Not use the Platform for unlawful purposes, including but not limited to sending or storing any unlawful material or for fraudulent purposes;
    • d. Not carry-out any activity which is prohibited by any law in any manner (including but not limited to, taking calls, consume alcohol or drugs or other illegal substances, or be under the influence of drugs or other illegal substances, when providing driving class services) which may impact Drivkaro in any manner.;
    • e. Not impair the proper operation of the network/ Platform and will not use any device, software, routine, file or other tool or technology, which includes any viruses, trojan horses, worms, time bombs or cancelbots, intended to damage, interfere with or affect functionality or operation of the Platform, to surreptitiously intercept or expropriate any system, data or information in connection with the content hosted/ available on the Platform, or to affect the operation of any other websites or the internet;
    • f. Not take any action that imposes an unreasonable or disproportionately large load on the infrastructure associated with the Platform, including but not limited to denial-of-service attacks, “spam” or any other such unsolicited overload technique;
    • g. Not try to harm the Platform in any way whatsoever;
    • h. Not copy, or distribute any content on the Platform without written permission from the Company; and
    • i. Not use the Platform with an incompatible or unauthorized device.
    • 2. In addition to the foregoing, you will not upload, display, share, host, publish or transmit any information that:
    • a. Either belongs to another person or to which you do not have any right whatsoever;
    • b. Is harmful, offensive, harassing, obscene, pornographic, invasive of another’s privacy, hateful, racially or ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or an online game that causes your customer’s harm, or otherwise unlawful in any manner whatsoever, or promoting enmity between different groups on the grounds of religion or caste with the intent to incite violence;
    • c. Infringes any patent, trademark, copyright or any other proprietary rights;
    • d. Harms minors in any way or is harmful to child;
    • e. Includes any commercial material or content (including solicitation of funds, advertising, or marketing of any goods or services);
    • f. Deceives or misleads the addressee about the origin of such messages, or communicates any misinformation or information which is patently false and untrue or misleading in nature or in respect of any business of the Central Government, is identified as fake or false or misleading by such fact check unit specified by the Government;
    • g. Impersonates another person;
    • h. Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
    • i. Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;
    • j. Is in the nature of an online game that is not verified as a permissible online game;
    • k. Is in the nature of advertisement or surrogate advertisement or promotion of an online game that is not a permissible online game, or of any online gaming intermediary offering such an online game; or
    • l. Violates any law for the time being in force.
    • 3. The Company reserves the right to immediately terminate the use of the Platform by the driver if he does not comply with any of the above rules in Clauses IV.1 and IV.2 above.
    • 4. In consideration of safety aspects, the driver will not be permitted to operate on the Platform for more than such number of hours on a calendar day as mandated under the applicable laws and should take a mandatory break of such number of hours before subsequent login into the Platform and offering the driving class services, as required by applicable law.
    • 5. The driver consents to provide identity documents as required under Drivkaro’s policies, directly or indirectly through a third party appointed by the Company.
  • V. REPRESENTATIONS, WARRANTIES AND COVENANTS
    • 1. The Drivers and the Company represent the following:
      • a. They have all requisite power and authority to, deliver and perform, the obligations imposed herein;
      • b. The execution and performance of the obligations do not and will not violate any provision of any existing agreement, law, rule, regulation, any order, or judicial pronouncement which is applicable to each party; and
      • c. They have not been convicted by any court in India or any other country of any crimes including but not limited to involving moral turpitude.
    • 2. The Drivers hereby represent, warrant and covenant the following:
      • a. They have all rights, licenses, and permits as may be required under applicable laws to perform the driving class services in accordance with these T&Cs;
      • b. They are in compliance with the Motor Vehicles Act, 1988 (“MV Act”), and any other applicable laws (including rules, regulations and orders notified thereunder) as required to be complied with by any person driving Vehicles or providing the driving class services;
      • c. At the time of onboarding with the Platform, they have not been convicted within the past 3 years, for the offence of driving under the influence of alcohol or any cognizable offence under the Code of Criminal Procedure, '1973 or the Indian Penal Code, 1860 (as may be applicable) including fraud, sexual offences, use of a motor vehicle to commit a cognizable offence, a crime involving property damage or theft, acts of violence, or acts of terror;
      • d. They hold and will maintain updated/ renewed licenses, insurance and permits necessary for the use of Vehicle;
      • e. They will follow traffic regulations and all applicable laws;
      • f. They will not carry any weapons, firearms, ammunition, explosive devices and dangerous substances during performance of the driving class services;
      • g. Platform will not be responsible for the any action of the driver (including but not limited to cancellation/ refusals).
  • VI. RELATIONSHIP BETWEEN THE PARTIES

    The driver will be accessing the SAAS Platform to discover the leads of driver’s Customers. No other relationship exists between the driver and the Company. The Company and the drivers are independent legal entities, and nothing in these T&Cs will be construed to create a partnership, joint venture, an association of persons, agency (disclosed or undisclosed), franchise, sales representative, or employment relationship between the Company and the driver. It is clarified that neither party will have any right to conclude any contract for and/ or on the behalf of the other party in any manner.

  • VII. CONFIDENTIALITY
    • 1. The driver will keep confidential all Confidential Information including details of driver’s Customers, market information, all work products and documents related thereto, and the contents of the SAAS Platform and will not sell or otherwise make that information available to any third parties. Except as otherwise agreed, the data of driver’s Customers will be the exclusive property of the Company or the driver’s Customers, and the driver will not use the same for any purpose or distribute such data in any form or means except for the purpose of providing the driving class services and other than as permitted by the Company and will keep it confidential at all times.
    • 2. “Confidential Information” will mean and include all non-public information relating to us or disclosed by us or our affiliates to you that is designated as confidential or that, given the nature of the information or the circumstances surrounding its disclosure, reasonably should be considered as confidential. Confidential information includes but is not limited to: (a) contents/ information relating to driving class services and Platform; (b) information relating to our or our affiliates or business partners’ technology, software, customers, business plans, product plans and designs, promotional and marketing activities, finances and other business affairs; (c) third-party information including that of driver’s Customers which we are obligated to keep confidential; (d) the nature, content and existence of any discussions or negotiations between you and us or our affiliates; and (e) any other information which should be reasonably kept confidential.
  • VIII. PROPRIETARY RIGHTS
    • 1. The Company is the sole owner and lawful licensee of all the rights to Platform or any other digital media and its contents. The content means its design, layout, text, images, graphics, sounds, video, the website/ Platform, etc. or any other digital media content embodying trade secrets and Intellectual Property Rights protected under worldwide copyright and other laws. All titles, ownership and Intellectual Property Rights in the Platform and its content (except third party links) will remain with the Company, its affiliates, agents, authorized representatives, or licensors as the case may be.

    The term “Intellectual Property Rights” means all intellectual property rights or similar proprietary rights, including: (i) patent rights and utility models, (ii) copyrights and database rights including moral rights, (iii) trademarks, trade names, domain names and trade dress and the associated goodwill, (iv) trade secrets, and (v) industrial design rights; and for each of the foregoing includes any registrations of, applications to register, and renewals and extensions of, any of the foregoing in any jurisdiction in the world.

    • 2. All rights not otherwise claimed under this T&Cs or by the Company are hereby reserved. The information contained in this Platform is intended, solely to provide general information for the personal use of the reader, who accepts full responsibility for its use.
    • 3. All related icons and logos are registered trademarks or service marks or word marks of the Company in various jurisdictions and are protected under applicable copyrights, trademarks and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.
    • 4. Subject to your compliance with these T&Cs, the Company grants you a limited, non- exclusive, revocable, non-transferable license to download and install a copy of the Drivkaro mobile application on a single mobile device that you own or control and to run such copy of the Drivkaro mobile application solely for your own personal use, for the term of these T&Cs.
    • 5. Driver data: As between Drivkaro and Driver, all right, title and interest in: (i) the Information, (ii) other information input into the SAAS Platform by driver or its authorized driver’s Customers (“Other Information”), and (iii) all Intellectual Property Rights in each of the foregoing, belong to and are retained solely by the driver. Information and Other Information are collectively referred to as “Your Information”. driver grants to the Company an unlimited, non-exclusive, royalty-free, worldwide license to use Your Information and perform all acts with respect to Your Information, as may be necessary for Drivkaro to operate, maintain and improve the SAAS Platform driving classes, and a non-exclusive, perpetual, irrevocable, worldwide, royalty-free, fully paid-up license to use, reproduce, modify and distribute the Other Information as a part of the Aggregated Statistics (defined below). driver is solely responsible for the accuracy, quality, veracity, integrity, legality, reliability, and appropriateness of Your Information. The Company agrees to access and use Your Information solely for driver’s/ driver’s Customers benefit and as set forth in these T&Cs or the Privacy Policy.
    • 6. Aggregated statistics: Notwithstanding anything else in these T&Cs, the Company may monitor driver’s use of the SAAS Platform, and use data and information related to such use and Your Information in an aggregate and anonymous manner, including to compile statistical and performance information related to the provision and operation of the SAAS Platform and the services (“Aggregated Statistics”). As between Drivkaro and driver, all right, title and interest in the Aggregated Statistics and all Intellectual Property Rights therein, belong to and are retained solely by Drivkaro. driver acknowledges that Drivkaro will be compiling Aggregated Statistics based on Your Information and Information input by other customers/ other drivers into the Platform. driver agrees that Drivkaro may: (i) make such Aggregated Statistics publicly available, and (ii) use such information to the extent and in the manner required by applicable law and for purposes of data gathering, analysis, service enhancement and marketing, provided that such data and information does not identify driver.
    • 7. The driver will not do the following:
      • a. License, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Platform in any way;
      • b. Modify or make derivative works based upon the Platform;
      • c. Create internet “links” or “frame” or “mirror” any application on any other server or wireless or internet-based device; or
      • d. Reverse engineer or access the Platform in order to:
        • i. design or build a competitive product or service,
        • ii. design or build a product using similar ideas, features, functions or graphics of the Platform, or
        • iii. copy any ideas, features, functions or graphics of the Platform, or
        • iv. launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Platform.
  • IX. INDEMNITY

    The driver agrees to indemnify, defend and hold harmless, the Company, its affiliates, licensees and its officers, directors, agents and employees, from and against any claim, liability, obligation, loss, damage, deficiency, assessment, judgment, cost or expense (including attorneys’ fees and court costs) which result from a breach or alleged breach of these T&Cs by you including but not limited to, (i) your use or misuse of the Platform or SAAS services on the platform; (ii) your breach or violation of any of these T&Cs; and (iii) any claims from any third-party as a result of or in connection with provision of driving class services provided by You, or the Platform services.

  • X. DISCLAIMERS
    • 1. THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SAAS SERVICES PROVIDED BY DRIVKARO AND/OR THE PLATFORM. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SAAS SERVICES PROVIDED BY DRIVKARO AND/OR THE PLATFORM WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE PLATFORM / SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PLATFORM RELATED SERVICES, INFORMATION OBTAINED BY YOU THROUGH THE PLATFORM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS IN THE PLATFORM SERVICES PROVIDED BY DRIVKARO AND/OR THE PLATFORM WILL BE CORRECTED, OR (F) THE PLATFORM OR THE SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE PLATFORM IS PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS.
    • 2. All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights, are hereby excluded and disclaimed to the highest and maximum extent. The Company makes no representation, warranty, or guarantee as to the reliability, safety, timeliness, quality, suitability or availability of the Platform. You acknowledge and agree that the entire risk arising out of your use of the Platform remains solely and absolutely with you and you will have no recourse whatsoever to the Company.
    • 3. The Company does not represent or endorse the accuracy or reliability of any information or advertisement contained on, distributed through, or linked, downloaded or accessed from any of the services contained on this Platform, or the quality of any products, information or other materials displayed, or obtained by you as a result of any product, information or other materials displayed, or obtained by you as a result of an advertisement or any other information or offer in or in connection with a service.
    • 4. All rights not otherwise claimed under these T&Cs or by the Company are hereby reserved. The information contained in this Platform is intended, solely to provide general information for the personal use of the reader, who accepts full responsibility for its use.
    • 5. Neither party hereto will be responsible for delays or failures in performance resulting from acts beyond its reasonable control and without its fault or negligence. Such excusable delays or failures may be caused by, among other things, strikes, lock-out, riots, rebellions, accidental explosions, floods, storms, acts of God and similar occurrences.
    • 6. The information, recommendations provided to you on or through the website, or the Platform is for general information purposes only and does not constitute advice.
    • 7. The Company will reasonably keep the Platform and its contents correct and up to date and offer you uninterrupted access but does not guarantee that the Platform is free of errors, defects, malware and viruses or that the contents in the Platform are correct, up to date and accurate. Drivkaro assumes no liability whatsoever for any monetary or other damage or loss suffered by you on account of the delay, failure, interruption or errors in the operation of the Platform.
    • 8. The Company will further not be liable for damages resulting from the use of or the inability to use the SAAS Platform, including but not limited to damages resulting from failure or delay in delivery of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications and transmission of viruses.
    • 9. Access to the SAAS Platform may be unavailable, delayed, limited or slowed, from time to time, due to the inherent nature of the internet and among other things also due to:
      • a. Servers, networks, hardware failure (including your own computer or mobile), telecommunication lines and connections, and other electronic and mechanical equipment;
      • b. Software failure, including among other things, bugs, errors, viruses, configuration problems, incompatibility of systems, utilities or applications, the operation of firewalls or screening programs, unreadable codes, or irregularities within particular documents or other content;
      • c. Overload of system capacities;
      • d. Damage caused by severe weather, earthquakes, wars, insurrection, riots, civil commotion, act of God, accident, fire, water damage, explosion, mechanical breakdown or natural disasters;
      • e. Interruption (whether partial or total) of power supplies or other utility service, strike or other stoppage (whether partial or total) of labour;
      • f. Governmental or regulatory restrictions, exchange rulings, court or tribunal orders or other human intervention; or
      • g. Any other cause (whether similar or dissimilar to the above) beyond control of Drivkaro.
    • 10. The drivers are independent service providers of driving class services. The Company is not responsible for the behaviour, actions, or inactions of drivers or quality of the Vehicle or the driving class services. Any contract for the driving class services including payment for such services is exclusively between driver’s Customers and the driver and the Company is not a party to the same.
    • 11. For the avoidance of doubt, it is clarified that the Company itself does not provide the driving class services and is not a provider of the said services. Drivkaro’s role is limited to enabling lead generation and discovery of driver’s Customers, and linking third party service providers who provide or offer to provide driving class services directly to driver’s Customers.
  • XI. LIMITATION OF LIABILITY
    • 1. The Company is not responsible for the behaviour, actions or inactions of the driver or, quality of the Vehicle. Any contract for the provision of driving class services is exclusively between the driver’s Customers and the driver and the Company is not a party to the same.
    • 2. IN NO EVENT WILL DRIVKARO BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES WHATSOEVER, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY THEREOF.
    • 3. IN ADDITION, AND WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL DRIVKARO’s AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE T&Cs OR THE SERVICES RENDERED HEREUNDER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY, OR OTHER THEORY), WARRANTY, OR OTHERWISE, EXCEED THE AMOUNT OF INR 1000/-.
  • XII. TERMINATION
    • 1. Company is entitled to terminate these T&Cs at all times and with immediate effect, at its sole discretion, (by disabling the driver’s registration on the Platform and use of the Platform) for any one or more of the following reasons:
      • a. Any violation or breach of any term of these T&Cs or non-compliance with the requirements under applicable laws;
      • b. If the driver, in the opinion of the Company, misuses the Platform; or
      • c. Where, in their opinion, continuance of the services of driver is detrimental to the business interest of Drivkaro due to the acts of the driver.
    • 2. The Company may terminate these T&Cs immediately on the above grounds and is not obliged to give notice of the termination of these T&Cs in advance.
    • 3. Drivkaro, in addition to its right to terminate these T&Cs, in its sole discretion reserves the right to legally prosecute the driver immediately, if there is reason to believe that the driver has indulged in any fraudulent activity or contravened the T&Cs of the Platform or violated any applicable laws and Drivkaro will not be responsible for any consequences to the driver arising from the same.
    • 4. Upon termination:
      • a. Driver will stop accessing the Platform; and
      • b. Driver will cease holding out as a driving classes service provider using with Drivkaro’s SAAS Platform in any manner.
  • XIII. GOVERNING LAW, JURISDICTION AND DISPUTE RESOLUTION
    • 1. These T&Cs will be governed by and interpreted in all respects in accordance with the laws of the Republic of India.
    • 2. Subject to the provisions made in Clause XIII.3, the parties hereby submit to the exclusive jurisdiction of the courts of Andhra Pradesh, India.
    • 3. All disputes arising out of or in relation to these T&Cs will be settled amicably by the parties. In the event, no amicable settlement is arrived at within a period of 15 (fifteen) days from the date of first initiation of the dispute by one party to other, the parties will resolve the dispute by means of arbitration pursuant to the Arbitration and Conciliation Act, 1996.
    • 4. The arbitration proceedings will be conducted by an arbitral tribunal comprising of 1 arbitrator mutually appointed by you and the Company.
    • 5. The arbitration proceedings will be conducted in English language only and the seat for arbitration will be Andhra Pradesh, India.
    • 6. The award of the arbitral tribunal will be final and binding.
  • XIV. ASSIGNMENT

    You may not assign your rights under these T&Cs without prior written approval of the Company. Drivkaro may freely assign its rights and obligations without prior notice to or consent from driver.

  • XV. AMENDMENT

    These T&Cs may be amended from time to time and as and when required, at the sole discretion of the Company. If Drivkaro makes any changes to these T&Cs that it deems to be material, Drivkaro will make a reasonable effort to inform you of such changes, but it is your responsibility to review the T&Cs posted to the Platform from time to time to see if it has been changed. The updated version of these T&Cs will supersede the current version and such updated version will be immediately effective upon being posted on the Platform. The continued use of the Platform following the notification of modification of the T&Cs or after being updated on the Platform will be construed to mean the acceptance of the said modified T&Cs.

  • XVI. SEVERABILITY

    If any portion of these T&Cs are found to be unenforceable, the remaining portion will remain in full force and effect.

  • XVII. NOTICES
    • 1. The Company may give notice by means of a general notice on the Platform, or by electronic mail to your email address on record in the Company’s account information, or by written communication sent by regular mail to the driver’s address on record in the Company’s account information.
    • 2. Driver needs to send any notice at email id: support@drivkaro.com
  • XVIII. CUSTOMER CARE AND GRIEVANCE REDRESSAL

    Any opinions, issues or suggestion regarding the Platform can be provided / resolved by reaching out to the customer care number or email mentioned below:

    Customer Care details: support@drivkaro.com