Terms & Conditions (User)

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This Site/ Application/ Services is/are operated /provided by Hamshika Technologies (“Drivkaro”).

These terms and conditions (“User Terms”) apply to Your visit to and use of the Service of driving classes whether through a computer or a mobile phone, as well as to all information, recommendations the driving class services provided to You on or through the Site, and the Application. 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 or by using the Drivkaro application to book the Driving classes, You are acknowledging and consenting to be bound by these User Terms. PLEASE ENSURE THAT YOU READ AND UNDERSTAND ALL THESE USER TERMS BEFORE YOU USE THE DRIVING CLASS SERVICES. If You do not wish to accept any of the User Terms, then please do not use the driving class services or avail any of the services being provided therein. YOUR AGREEMENT TO THESE USER TERMS SHALL OPERATE AS A BINDING AGREEMENT BETWEEN YOU AND DRIVKARO IN RESPECT OF THE USE OF THE DRIVING CLASS SERVICES. Your access and use of the driving class services constitute your agreement to be bound by these Terms, which establishes a contractual relationship between you and Drivkaro. The Company has developed a technology-based software ‘Drivkaro Driver App’ specially for the four-wheeler vehicles for allowing the drivers onboarded on the platform to provide their driving class services to its customers. The Company is providing the said services as Software as a Service (“SaaS”), where the Company provides the platform for the drivers merely to connect with the Customer. The terms governing the SaaS platform of Drivkaro is limited to this particular model and shall not apply to its aggregator business or vice versa. Drivkaro may immediately terminate these Service with respect to you, or generally cease offering or deny access to the driving class services or any portion thereof, at any time for any reason.
Your acceptance of the User Terms shall be deemed to include your acceptance of the privacy policy available at https://www.drivkaro.com By accepting these User Terms, you also allow Drivkaro to send you promotional emails and SMS alerts from time to time.

IT IS HEREBY EXPRESSLY CLARIFIED THAT THESE USER TERMS WILL NOT APPLY TO OTHER SERVICES OFFERED BY DRIVKARO ON ITS SITE, APPLICATION OR THROUGH WEBSITE.

  • 1. DEFINITIONS

    All of the defined and capitalized terms in these User Terms will have the meaning assigned to them here below:

    • 1. “Account” shall mean the account created by the Customer on the Application for availing the Services provided by Drivkaro.
    • 2. Applicable Laws” shall mean and include all applicable statutes, enactments, acts of legislature or parliament, laws, ordinances, rules, by-laws, regulations, notifications, guidelines, policies, directions, directives and orders of any governmental authority, tribunal, or a court of India.
    • “Customer/ You” means a person who has an account and is willing to book the driving class services provided by the third-party car drivers service providers.
    • “Driver” shall mean third party driving schools service providers who are eligible, verified through RTO and onboarded on Drivkaro for providing its services to its Customers
    • 5. Customer can avail the driving license also just click yes button after completion of your driving classes as scheduled.
  • 2. ELIGIBILITY

    You will be “Eligible” to use the Services only when You fulfil all of the following conditions:

    • You have attained at least 18 (eighteen) years of age. (ii) You are competent to enter into a contract under the Applicable Laws.
    • 2. If You reside in a jurisdiction that restricts the use of the Service because of age, or restricts the ability to enter into contracts such as this User Terms due to age, you must abide by such age limits.
  • 3. REGISTRATION AND ACCOUNT
    • 1. In order to use the software, you must maintain an active personal user account with us. Account registration requires you to provide certain personal information, which may include your name, address, mobile number, email, date of birth, gender and any other information as prompted by the App while registering on the App (“Registration Data”).
    • 2. You shall ensure that the Registration Data provided by You is accurate, complete, current, valid, true and is updated from time to time. We shall bear no liability for false, incomplete, or incorrect Registration Data provided by You. Except for the Registration Data or any other data submitted by You during the use of any other service offered through Site (“Permitted Information”), Drivkaro does not want You to, and You should not, send any confidential or proprietary information to Drivkaro on the Site or otherwise, unless otherwise is required by Applicable Laws. In accepting these User Terms You agree that any information or materials that You or individuals acting on Your behalf provide to Drivkaro other than the Permitted Information will not be considered confidential or proprietary.
    • 3. You are responsible for maintaining the confidentiality of Your Registration Data and will be liable for all activities and transactions that occur through Your account, whether initiated by You or any third party. Your account cannot be transferred, assigned or sold to a third party. We shall not be liable for any loss that You may incur as a result of any unauthorised third party using Your account, either with or without Your knowledge.
    • 4. In the event we believe that you have furnished false or incorrect information, committed fraud, or identity theft, or that the security of your account has been compromised we reserve the right to suspend or terminate Your account with immediate effect and for an indefinite period. We shall bear no liability for false, incomplete, old or incorrect Registration Data provided by You.
    • 5. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes (e.g., no transport of unlawful or hazardous materials).
  • 4. SOFTWARE
    • 1. The software will enable you to find the drivers who are willing to offer their services.
    • 2. The Company merely provides the platform for introducing you with the Drivers and does not guarantee the acceptance or completion of the driving classes or for any delay or losses suffered by you or caused to you as a consequence of the breakdown of the Vehicle.
    • 3. The Company shall, upon receiving the request for identifying the prospective Drivers from you, will share the suggested fare called a popular price based on its market viability and acceptance. The popular price is merely a suggestive price and does not ensure that the Driver will provide you the driving class services as per the popular price.
    • 4. In the event, you are interested in scheduling your driving classes with the Driver, the Company will connect you with the Driver, who is willing to provide you the driving class services. Post your contact with the Driver, You are free to negotiate and finalize the driving classes fare with the Driver. The Suggested fare shown by the Company is merely a popular fare and the actual driving classes fare decided between you and the Driver may be higher or lessor than the popular fare. The Company enables the Driver and you the freedom to negotiate. You acknowledge that there is no involvement of the Company in the determination of the driving classes fare and thereby, the parties participating in the determination shall solely be responsible and liable for any dispute on the decided fare.
    • 5. Further, on finalization of your contract with the Driver for providing the driving class services by Driver to You, you shall check the driving classes schedule details including but not limited to pick up and drop location, and if there are incorrect details, the same needs to be informed to the Driver.
    • 6. Further, a One Time Pin (OTP) shall be provided on the Application which shall be further shared by the Customer with the Driver only for the purpose confirmation of the customer and another OTP will be generated for closing the driving class on a daily basis.
    • 7. The customers will have an access to choose three types of cars (Hatchback / Sedan / SUV )for the purpose of comfortability and satisfaction of the driving class.
    • 8. The customers can select the pickup / drop location, the drivers would pick up the customers at the selected location and drop them the same, but the popular price would be vary based on the selected location.
    • 9. The customers should aware that the driving class per day limit is 10 km, missed kilometres will not carry forward to next day.
    • 10. The customers can select the multiple days for driving classes but to become a perfect driver more than 10 days are more significant to book the driving classes.
    • 11. The customers can choose the driver male / female as per the comfort if female driver is not available (if Busy) male driver will be assigned automatically.
    • 12. The customers will have the option to choose preferred date and time as per the flexibility of the customers but the popular price would be vary and calculates cost based on the days selected especially in festivals / occasional seasons.
    • 13. The Company would allow that if any driving classes missed by the customers due to health issue / emergency that particular day of driving class will be carry forwarded to next day.
    • 14. There would be no provision or any facilitation by the Company for the supply of driving class services by you to the customers. The Company provides a platform that can be used both by you and the Drivers merely to connect with each other. However, the Company has no role either in facilitating the contract of service or in the actual supply of driving class services.
    • 15. You acknowledge that Drivkaro does not provide any driving class services and any aggregator services related to the driving class services provided by its onboarded Drivers. Drivkaro merely introduces you to verified drivers.
    • 16. The role and responsibility of the Company is merely to connect you and the Driver and nothing else. You are free to establish the contract of driving class services on 4-wheeler cars settling the fare directly with the customer on a one-to-one basis outside the platform.
    • 17. The supply of driving class services would be an independent contract between you and the Driver and without any interference or recommendation or connection whatsoever of or by the Company.
    • 18. You hereby acknowledge and agree that the Company does not provide driving class services or any services incidental or ancillary to the driving class services and therefore, do not charge any commission from the fare given by you to the Driver for the services provided.
    • 19. The Company does not exercise any control over the driving class services provided by the Driver and neither monitors them.

    The provisioning and quality of Driver Services is solely the responsibility of the Driver and is as per your agreement with the Driver. The Company has no control over driving class services provided by the Driver. Any dispute between you and the Driver is your responsibility and the Company shall not be liable for the same.

  • 5. PAYMENT

    The Company neither charges nor determines the fare or final pricing charged by the Driver to you. The Company would share the suggested fare called a popular price based on its market viability and acceptance. The Company enables you and the Driver the freedom to negotiate. You acknowledge that there is no involvement of the Company in the determination of the fare and thereby, the parties participating in the determination shall solely be responsible and liable for any dispute on the decided fare.

    The Company would be involved in collecting the total driving classes fare to be paid by you for not to arise the disputes between the customer and driver further, customer should not make the payment directly to the Driver in case paid as specifically requested by the driver then company is not responsible for that total driving classes and paid amount.
    The total fare and Fees may be payable at the time of making a booking, confirmed booking should not be cancelled once the driver is assigned, if the customer wishes to cancel the booking then 25% of cancellation will be applicable ( e,g 5000 – 1250 (25%) = 3750 will be credited to the customer)

    If the customer wishes to cancel in the middle of the driving classes then customer will be refunded 25% only on rest of unused driving classes. We may use a third-party payment processor (“Payment Processor”) to bill you through your selected mode of payment. The processing of payments will be subject to the terms and policies of such Payment Processor in addition to these Terms. We shall not be liable for any error of the Payment Processor. In the event of any unsuccessful payment, the money debited shall be credited in accordance with the terms of the Payment Processor.

    Drivkaro does not designate any portion of your payment as a tip to the driver. Any representation by Drivkaro to the effect that tipping is “voluntary”, “not required”, and/or “included” in the payments you make for drivers are not intended to suggest that Drivkaro provides any additional payments to drivers. You understand and agree that while you are free to provide additional payment as a tip to the drivers who provides you with driving classes, you are under no obligation to do so. tips are voluntary.
    The Company is not responsible if the driver chargers any additional fare / amount from you.
    The customer can avail the wallet amount by referral bonus.
    For providing the SaaS platform – to enable identification of the drivers, the Company reserves the right to charge a subscription fees from the Customer, which shall be subject to the tax applicable on it.

  • 6. USER VIOLATION OF USER TERMS

    1. You shall not smoke, drink or carry any contraband substances in the Vehicles or misbehave or act in violation of Applicable Law. In the event You are found to be involved in the activities set out above, You solely shall be responsible towards any liability.

  • 7. EMERGENCY SERVICES TO CUSTOMER

    Drivkaro provides the Help button, which in the event of your pressing, then three major help options will be highlighted (a. Driver related issue, Vehicle related issue, Payment related issue) the customer can raise their query in the writing box, that query will be escalated through Drivkaro to concerned person/department. Drivkaro will not be responsible for providing any support during the course of the driving class as Drivkaro is merely providing you a platform to connect with the drivers. Drivkaro will not be liable for any incident or act leading to any incident. Drivkaro is neither responsible nor is engaged in any dispute settlement between you and the Driver.

  • 8. INDEMNIFICATION

    By accepting these User Terms and using the driving class services, You agree that You shall defend, indemnify and hold Drivkaro, its affiliates, their licensors, and each of its officers, directors, other users, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with:

    • (a) Your violation or breach of any term of these User Terms or any Applicable Law or regulation, whether or not referenced herein;
    • (b) Your violation of any rights of any third party, including the TPSPs or (c) Your use or misuse of the Application or Service.
  • 9. LIABILITY
    • 1. Drivkaro will reasonably keep the mobile application and its contents correct and up to date but does not guarantee that (the contents of) the Site is free of errors, defects, malware and viruses or that the Site is correct, up to date and accurate.
    • 2. Drivkaro shall not be liable for any road accidents or losses, missing etc. as the driving class services are provided by the Driver, not in Drivkaro’s control. You must book Your driving classes after taking into account the check-in time, traffic and weather conditions, political rallies, natural calamities, traffic barricades, car breakdowns and other unexpected delays.
    • 3. Drivkaro shall not be liable for any damages resulting from the use of or inability to use the Site, including damages caused by wrong usage of the Site, error in call center number, network issues, malware, viruses or any incorrectness or incompleteness of the Information or the or Application.
    • 4. You shall take full responsibility of Your items and belongings. In case of lost items inside the Vehicle during the driving class, Drivkaro will support in providing you the driver contact details available on its record only.
    • 5. IN NO EVENT SHALL DRIVKARO BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES WHATSOEVER, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF DRIVKARO HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. IN ADDITION, AND WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL DRIVKARO’s TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE USER TERMS OR THE DRIVING CLASS SERVICES RENDERED HEREUNDER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY, OR OTHER THEORY), WARRANTY, OR OTHERWISE, EXCEED THE AMOUNT OF Rs. 1000/- (Rupees One Thousand only).
    • 6. If Applicable Law does not permit the exclusion of certain warranties or the limitation or exclusion of liability, the scope and duration of such warranty exclusions and the extent of the liability of Drivkaro shall be the minimum permitted under Applicable Law.
  • 10. APPLICATION LICENSE
    • 1. Subject to compliance with these User Terms, Drivkaro grants You a limited, revocable, non-exclusive, non-transferable and non-sub-licensable license to download and install a copy of the Application on a single mobile device that You own or control and to run such copy of the Application solely for Your own personal use and to use the Site.
    • 2. You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or Site in any way; (ii) modify or make derivative works based upon the Service or Application; (iii) create Internet “links” to the Service or “frame” or “mirror” any Site on any other server or wireless or Internet-based device; (iv) reverse engineer or access the Site in order to (a) design or build a competitive product or service, (b) design or build a product using similar ideas, features, functions or graphics of the Service or Site, or (c) copy, reproduce, record, or make available to the public any ideas, features, functions or graphics of the Service or Site, or (v) 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 Service or Site.
    • 3. You shall not: (i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights; (iii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Site, the Application or Service or the data contained therein; or (v) attempt to gain unauthorized access to the Site, the Application or Service or its related systems or networks.
    • 4. Drivkaro will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Drivkaro may involve and cooperate with law enforcement authorities in prosecuting users who violate these User Terms. You acknowledge that Drivkaro has no obligation to monitor Your access to or use of the Site, Service or Posted Content, but has the right to do so for the purpose of operating the Site and Service, to ensure Your compliance with these User Terms, or to comply with Applicable Law or the order or requirement of a court, administrative agency or other Governmental body. Drivkaro reserves the right, at any time and without prior notice, to remove or disable access to any content that Drivkaro, at its sole discretion, considers to be in violation of these User Terms or otherwise harmful to the Site, the Service or Application.
  • 11. CONTENT POSTED BY CUSTOMERS
    • 1. Drivkaro may accept posting of any notes, messages, e-mails, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information given by you on the Site (“Posted Content”) by You. You represent that You have obtained all permissions and consents required to post the Posted Content and such Posted Content complies with all requirements of the Posted Content. Drivkaro shall not in any manner be responsible for or endorse the Posted Content.
    • 2. You agree that when posting Posted Content, You will not:
    • (i) Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, blasphemous, pornographic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful material or information.
    • (ii) Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless You own or control the rights thereto or have received all necessary consents.
    • (iii) Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
    • (iv) Advertise or offer to sell or buy any goods or services for any business purpose, unless the Site specifically allows such messages.
    • (v) Conduct or forward surveys, contests, pyramid schemes or chain letters.
    • (vi) Download any file posted by another user that You know, or reasonably should know, cannot be legally distributed in such manner.
    • (vii) Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
    • (viii) Deceive or mislead the addressee about the origin of a message or communicate any information which is grossly offensive or menacing in nature.
    • (ix) Restrict or inhibit any other user from using and enjoying the Site.
    • (x) Violate any code of conduct or other guidelines which may be applicable for any particular Posted Content.
    • (xi) Harvest or otherwise collect information about others, including e-mail addresses, without their consent. (xii) Threaten 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. (xiii) Violate any Applicable Laws or regulations including the Information Technology Act, 2000 and the rules, regulations and guidelines notified thereunder.
  • 12. INTELLECTUAL PROPERTY OWNERSHIP
    • 1. Drivkaro alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to (i) the Site, Application, product, Service and any suggestions, ideas, enhancement requests, feedback, recommendations or any other offering; (ii) text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code; or (iii) other information provided by You or any other party relating to the Site, Application or the Service. Third party trademarks may appear on this Site/ Application and all rights therein are reserved to the registered owners of those trademarks. For use of any third party's intellectual property, You need to get permission directly from the owner of the intellectual property for any use.
    • 2. These User Terms do not constitute a sale and do not convey to You any rights of ownership in or related to the Site, the Application or the Service, or any intellectual property rights owned by Drivkaro. You shall be solely responsible for any violations of any laws and for any infringements of any intellectual property rights caused by use of the Services or the Site/ Application.
    • 3. You may use information on the Site purposely made available by Drivkaro for downloading from the Site, provided that You:

    (i) do not remove any proprietary notice language in all copies of such documents and make no modifications to the information; (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) do not make any additional representations or warranties relating to such information.

  • 13. LINKS

    If permitted by Drivkaro, You may establish a hypertext link to the Site, provided that the link does not state or imply any sponsorship or endorsement of Your site by Us. You must not use on Your site or in any other manner any Drivkaro trademarks or service marks or any Content belonging to Drivkaro and appearing on the Site, including any logos or characters, without our express written consent. You must not frame or otherwise incorporate into another third-party website or present in conjunction with or juxtaposed against such a website any of the content or other materials on the Site without our prior written consent.

  • 14. TERM AND TERMINATION OF LICENSE AGREEMENT
    • 1. Unless terminated explicitly, the agreement between Drivkaro and You is perpetual in nature upon downloading the Application and for each Service booked through the Site.
    • 2. You are entitled to terminate the agreement at all times by deletion of Your Account, thus disabling the use by You of the Site. You can close Your Account at any time by following the instructions on the Site.
    • 3. Drivkaro is entitled to terminate the agreement at all times and with immediate effect (by disabling Your use of the Site and the Service) if You:
      • (a) violate or breach any term of these User Terms, or
      • (b) in the opinion of Drivkaro, misuse the Application or the Service. Drivkaro is not obliged to give notice of the termination of the agreement in advance. After termination Drivkaro will give notice thereof in accordance with these User Terms.
  • 15. INVALIDITY OF ONE OR MORE PROVISIONS

    The invalidity of any term of these User Terms shall not affect the validity of the other provisions of these User Terms. If and to the extent that any provision of these User Terms is invalid, or is unacceptable in the given circumstances, a provision shall apply between the parties instead that is acceptable considering all the circumstances, taking into account the content and the purpose of these User Terms.

  • 16. CONFLICT

    In the event of any contradiction or inconsistency between this User Terms and any other agreement executed between You and Drivkaro, the terms of the User Terms shall prevail unless the exception has been expressly agreed to in writing by making reference to the relevant Clause sought to be modified under this User Terms.

  • 17. DISCLAIMER
    • 1. You agree that Drivkaro is merely a SaaS platform and does not in any manner provide driving class services or any service related to it. Drivkaro does not endorse, advertise, advise or recommend You to avail the Services of any Driver. Drivkaro also does not guarantee or provide assurance in respect of the behaviour, actions or data of the users posted on the Site.
    • 2. We do not authorize anyone to make a warranty on Our behalf and You shall not rely on any statement of warranty as a warranty by Us.
    • 3. Drivkaro and their representatives, officers, employees, agents and contractors shall not be liable for any loss, damage, claim, expense, cost (including legal costs) or liability arising directly or indirectly from Your use or non-use of the Service or the Site, or Your reliance upon the Service or the information contained upon the Site (whether arising from Drivkaro or any other person's negligence or otherwise).
    • 4. This Site, Application and all content on the Site and the Application are provided on an “as is” basis without warranties of any kind, either express or implied, including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose. You acknowledge, by Your access of the Site and/or Application, that Your access of the Site and/or Application and availing of Services is at Your sole risk, that You assume full responsibility for Your access and use of the Site and/or Application, and that Drivkaro shall not be liable for any damages of any kind related to Your access and use of this Site and/or Application.
    • 5. All images, audio, video and text in the Site and/or Application are only for illustrative purposes. None of the models, actors or products in the images, if any is endorsing the Services in any manner. Any resemblance of any matter to anybody or anything is purely unintentional and/or coincidental.
  • 18. MODIFICATION OF THE SERVICE AND USER TERMS
    • 1. Drivkaro reserves the right, at its sole discretion, to modify or replace, in part or full, any of these User Terms, or change, suspend, block, discontinue or restrict at any time.
    • 2. Drivkaro shall not be required to notify You of any changes made to these User Terms. The revised User Terms shall be made available on the Site. You are requested to regularly visit the Site to view the most current User Terms. You can determine when Drivkaro last modified the User Terms by referring to the “Last Updated” legend above. It shall be Your responsibility to check these User Terms periodically for changes. Drivkaro may require You to provide Your consent to the updated User Terms in a specified manner prior to any further use of the Site and the Services.
  • 19. NOTICE

    Drivkaro may give notice by means of a general notice on the Service or Application, or by electronic mail to Your email address or a message on Your registered mobile number, or by written communication sent by regular mail to Your address on record in Drivkaro’s account information.

  • 20. ASSIGNMENT

    You shall not assign Your rights under these User Terms without prior written approval of Drivkaro. Drivkaro can assign its rights under the User Terms to any affiliate.

  • 21. APPLICABLE LAW AND DISPUTE RESOLUTION

    These User Terms are subject to the laws of India. Any dispute, claim or controversy arising out of or relating to these User Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Site, the Service or the Application (collectively, “Disputes”) the parties shall attempt to settle the same amicably, through negotiation and consultation at such offices of Drivkaro as Drivkaro may designate. In the event the dispute is not resolved internally between after at least 30 (thirty) days of negotiation, in good faith, the same shall be subject to binding and final arbitration in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time or in case the Arbitration and Conciliation Act, 1996 is no longer in force, as per any law relating to arbitration in force at the time of such reference. The reference shall be made to a sole arbitrator mutually appointed by Drivkaro and You. The place of the arbitration shall be Visakhapatnam, Andhra Pradesh, unless otherwise mutually agreed by Drivkaro and You in writing. Subject to the above, any Dispute will be subject to the exclusive jurisdiction of courts in Andhra Pradesh, India.