Yaari Driver's Terms of Service

Last updated on 24-Januray-2020.

In terms of Information Technology Act, 2000, this document is an electronic record. Being generated by a computer system it does not require any physical or digital signatures.

The internet resource www.yaaricabs.com / Yaari Cabs Mobile Application / Services (hereinafter referred to as the “Platform” is owned by SOOQ Technologies Private Limited,having its registered office at No 577, 1st floor, 8th main road, 5th Block, 1st stage HBR layout Bangalore 560043 (hereinafter referred to as “Company/Yaari”). This document in its present form is the property of SOOQ Technologies Private Limited and shall belong to the parent company which owns SOOQ Technologies Private Limited, its subsidiaries and assigns as may be created from time to time.

The Platform facilitates the provision of services offered by Drivers and is an intermediary (“Service”). Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. By accessing, downloading, or using the Platform, you agree to be bound by these Terms. If you disagree with any part of these Terms, kindly discontinue usage of the Platform.

 

General Platform Terms

By accepting these Terms, you are entering into a legally binding Agreement (“Agreement”) with us.

These Terms, along with the others found on our Platform, include our policy for acceptable use of the Platform, its content, the content posted on the Platform, your rights, your obligations, as well as restrictions regarding your use of the Platform.

We may modify these Terms from time to time and such modification will be effective upon posting on the Platform. You agree to be bound to any changes to these Terms when you use the Platform after any such modification is posted. It is important that you review these Terms regularly to ensure you are updated as to any changes made.

So long as you comply with these Terms, the Company grants you a non-exclusive, non-transferable, limited right to enter, view and use this Platform and/or avail Services.

 

Definitions

Account” shall mean the account created by the Driver on the Application for availing the Services provided by Yaari.

Additional Fee” shall mean any toll fees, inter-state travel taxes, etc. and such fees that may not be included in the Ride Fee or not already paid as a part of the Ride Fee but payable to any third party / government authorities for undertaking the Ride under Applicable Law.

Applicable Lawsshall mean any statute, law, regulation, ordinance, rule, judgment, notification, rule of common law, order, decree, by-law, government approval, directive, guideline, or any interpretation, policy or administration having the force of law in India, by any authority having jurisdiction over the matter in question, whether in effect as of the date of this Agreement or thereafter, and the word “Laws” shall be construed accordingly.

Application” shall mean the mobile application “Yaari Cabs” as updated by Yaari from time to time.

Booking” shall mean the accepted Ride Request.

Cancellation Fee” shall mean the fee payable towards cancellation of a Ride by the User/Driver.

Content” refers to any text, image, graphic, video, audio, or all forms of data which are made available on the Platform.

“Return/ Refund policy” any payment made by the Driver to Yaaricabs, or collected by Yaaricabs from the linked Wallet, as set forth herein, shall be non-refundable. Any disputes with respect to payments to Yaaricabs for the Services shall be resolved through calls to our customer care at 080 68366070 or in person at our head office at No 577, 1st floor, 8th main road, 5th Block, 1st stage HBR layout Bangalore 560043.

 

Intellectual Property Rights” refers to all intellectual property rights and all analogous rights subsisting under the laws of each and every jurisdiction throughout the world and intellectual property for the full term of the rights concerned and including all extensions and renewals of such rights, whether or not such rights are registered or capable of registration, including, without limitation, copyrights, trademarks, trade names, service marks, service names, patents, designs and all other proprietary rights of whatsoever description whether or not protected and whether or not capable of protection.

Registration Data” shall mean the mandatory and optional data that is submitted by Drivers to browse the Platform and/or avail the Services.

Ride” shall mean the travel in the Vehicle by a User of the Platform provided by the Driver and facilitated through the Platform.

Ride Fee” shall mean such amount in Indian Rupees, which is reflected on the Platform, as the fare payable to a Driver for the specific Ride service provided by the Driver.

Ride Request” shall mean a request placed by a User on the Platform to avail the Ride Service offered by the Driver.

Service(s)” shall mean the facilitation of Ride Service by Yaari through the Platform.

Terms”, “Terms of Service”, “Policy”, etc., shall mean the entire Terms of Service and all parallel policies that apply for the use of our Platform or availing our Services.

Third Party” refers to any person other than the “User” or “Driver”.

Users” refers to the third-party users of the Platform that may avail Ride services provided by the Driver.

Vehicle” shall mean a motor cab as defined under the Motor Vehicles Act,1988.

You”, “Your”, “Driver” refers to the natural or legal person who has gained access to the Platform by as a Driver or by providing Registration Data while registering on the Platform as a Driver.

Your Content” refers to any content submitted by way of registration or in connection with use of the Platform or for availing Services, including but not limited to the content submitted for the purpose of provision of Rides to Users through the Platform.

Yaari” or “us” or “we” or “our” shall mean SOOQ Technologies Private Limited.

 

Eligibility

You must be of legal age to enter into a binding agreement in order to accept the Terms. In case you desire to provide Ride Services through the Platform, you must be validly incorporated/registered under and be in compliance with all applicable laws.

Without limitation to the foregoing, you must have the following:

1.     A validly issued Driver’s license for commercial vehicles;

2.     A validly issued badge id/number;

3.     A validly issued Police verification certificate;

4.     Validly issued identification and address proof documents;

5.     A validly issued Aadhaar number;

6.     A validly issued PAN; and

7.     Such other details as requested including a phone number, email id, compatible mobile devices; etc.

In the event you are also making available a Vehicle through the Platform, or are providing Rides using your own Vehicle, you will be required to provide Insurance, Tax paid receipt, Registration Certificate and other complete details of the Vehicle.

Notwithstanding the aforementioned, in the event you are barred from undertaking legally binding obligations under the Indian Contract Act, 1872, you are not eligible to avail the Services or provide your services through the Platform. The use of the Platform is limited to Drivers doing business in India. The minimum age of Drivers shall be 18 years.

 

Registration as a Driver

To provide Ride Services through the Platform you will need to be a registered Driver.

To become a registered Driver, you must be eligible, and will be required to provide Registration Data. You represent and warrant that all information you supply to us, about yourself, and others, including Registration Data, is true and accurate.

If you provide any information that is untrue, inaccurate, out of date or incomplete (or becomes untrue, inaccurate, out of date or incomplete), or we have reasonable grounds to suspect that the information provided by you is untrue, inaccurate, out of date or incomplete, we may, in our sole discretion, discontinue the provision of the Services to you or discontinue your access to the Platform with immediate effect for an indefinite period or permanently terminate your account with immediate effect.

By providing Registration Data, you agree to undergo a Registration Data verification process which may include you providing One Time Password / OTP to verify your mobile number, and verifying your e-mail id using the verification link sent to the e-mail address you provide as part of Registration Data.

We may also use Third-Party services for Registration Data verification process and you hereby agree and accept to be bound by the terms and conditions of such Third-Party. You hereby understand and consent to the collection, storage and sharing of Aadhaar card and any information extracted therefrom with Third Party Vendors and/or Government Authorities, for the process of onboarding and background verification.

It is hereby reiterated that all data you provided, including without limitation, Registration Data, shall be subject to the terms set forth in our Privacy Policy, and you represent and warrant that you have the absolute right and authority to provide such data.

 

Driver Account

You are allowed to create and operate only one Account using the Registration Data. In case You are unable to access Your Account, or suspect any unauthorized use of Your Account, please inform Us at driversuse@yaaricabs.com  and make a written request for blocking Your Account. We will not be liable for any unauthorized transactions made through Your Account prior to the resolution of your request.

You are solely 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 someone else using Your password or Account, either with or without Your knowledge.

If your Account has been compromised or we have reasonable grounds to suspect that your Account has been compromised, we may, in our sole discretion, discontinue the provision of the Services to you or discontinue your access to the Platform by suspending or terminating your Account.

 

Intermediary Platform

  1. The Platform allows Users to interact with Drivers and avail Ride services. You agree that our role is limited to being a market place solely for managing and operating the Platform for the display of the Ride Services offered by you in the manner decided by Yaari unilaterally, and to facilitate the transactions between You and the Users. The contract for availing the Service shall be a contract solely between You and the User. At no time shall we have any obligations or liabilities in respect of such contract.
  2. The Driver agrees, accepts, and acknowledges that Yaari does not own or in any way control the Vehicle used by a Driver rendering the Ride Service and that Yaari shall not be held liable or responsible in any manner whatsoever for any insufficiency or deficiency of the Ride Service rendered by the Driver to the User. Yaari does not make any representations or warranties regarding the quality of the Ride Service provided by You.
  3. In the event the Driver breaches any term of this Agreement, the Company shall have the right, in addition to the specific rights provided herein, to suspend the account of the Driver for such duration as determined by the Company, or permanently bar the Driver from the Platform, as determined by the Company, which determination shall be final and binding on the Driver.
  4. You release and indemnify us and/or any of our officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users on the Platform and specifically waive any claims that you may have in this behalf under any applicable law.

Disclaimer: DUE TO SOME TECHNICAL ISSUES, TYPOGRAPHICAL OR HUMAN ERRORS, IMAGES, RATINGS, SERVICES, SERVICE DESCRIPTIONS, PRICES, DRIVER DETAILS, VEHICLE DESCRIPTION, VEHICLE NUMBER,  AND ANY INFORMATION RELATED TO DRIVERS, USERS, OR CONTENT MAY BE INCORRECTLY REFLECTED ON THE PLATFORM. WE DO NOT TAKE ANY RESPONSIBILITY FOR THE RELIANCE PLACED ON SUCH INCORRECT INFORMATION. WE ASSUME THAT THE USERS LISTED ON THE PLATFORM ARE AUTHENTIC AND ACCURATE AND THE DRIVERS AND USERS HAVE THE AUTHORITY TO CARRY ON THE TRANSACTIONS ALLOWED, FACILITATED, OR OTHERWISE ACCESSIBLE ON OR THROUGH THE PLATFORM.

 

Company Obligations

1.     The Company shall list on the Platform, the Ride Services offered by the Driver.

2.     On receipt of a Ride Request, the Booking will be allotted to the Driver through the Platform.

3.     Upon a Booking being allotted to the Driver the Company may provide to the User, the picture of the Driver, details of the Vehicle including vehicle number and model, mobile phone number of the driver and such other information as required under Applicable Laws or as Yaari may deem fit, as the case may be, required by the User to identify the Driver and Vehicle.

4.     Upon a Booking being allotted to the Driver, Yaari will provide the Driver with User information in order to enable the Driver to satisfactorily provide the Ride Service.

5.     In the event of any Ride cancellation by the User, the Company shall intimate the Driver of the same, and such Ride Request or Booking shall stand cancelled The Driver hereby agrees and undertakes to ensure that such cancellation shall be accepted by the Driver.

6.     The Company shall periodically generate and provide the Driver with reports on Ride Services offered by the Driver. The Driver shall not in any manner expect the Company to provide any other information including without limitation any confidential information of the User to the Driver vide such reports. Such information, confidential and otherwise shall be exclusive proprietary property of the Company.

 

Driver Obligations

1.     The Driver shall, at all times during the term of this Agreement, fully co-operate with the Company, and promptly respond to the requirements of the Company, including those relating to User concerns about the Driver or its services.

2.     The Driver shall make available to the Company all information requested by the Company.

3.     On allotment of a Booking in response to a Service Request, the Driver shall ensure that the Vehicle arrives prior to the pick-up time.

4.     Any cancellation of the allotted Booking is prohibited except in exceptional circumstances based on a justifiable explanation provided by the Driver. The Driver shall immediately inform Yaari in case of any cancellation or refusal of allotted Booking. Further, the Driver hereby agrees such cancellation or refusal to provide Ride Service shall lead to the Driver paying Yaari a cancellation fee as set forth herein.

5.     Each Ride offered by the Driver on the Platform shall satisfy the quality parameters set forth by the Company.

6.     The Driver hereby expressly agrees that it shall provide the Ride Services to the User in a professional, timely, diligent and workmanlike manner in accordance with recognised  industry standards and applicable Company policies.

7.     The Driver shall not undertake or assist in any unlawful or illegal activity while providing Ride Services.

8.     The Driver or any Transport Service Provider shall ensure the safety and security of the User, his own self and that of the Vehicle at all times.

9.     The Driver shall not drive rashly, shall follow traffic regulations and all Applicable Laws during the performance of the Services, wear seat belt, not consume liquor / cigarette / bidi, or any other kind of intoxicant while performing the Service/(s) and shall have and hold a valid driving license and registration/insurance papers for the Vehicle at all times. The Driver shall not take any personal calls except in the event of an emergency, without prejudicing the safety of the Vehicle and the User. Driver shall take all calls from the User and Yaari only after stopping the Vehicle at an appropriate location to take the call, without being a hindrance to the traffic around him or without violating any traffic rules.

10.   The Driver shall duly complete all Bookings allotted and promptly notify Yaari immediately by means of short message service / telephonic calls of any changes / deviations to the Booking, which may affect the provision of the Ride Service.

11.   The Driver shall, at all times, abide by the Ride Fees as displayed on the Platform, including any Additional Fee and Cancellation Fee and shall collect from the Users, through Cash or Unified Payment Interface (UPI) all Fees only in accordance with, and within the parameters set forth, by the Company. The Driver shall not quote or collect from the User Fees beyond those displayed on the Platform.

12.   The Driver shall ensure registration of Vehicle at all times and shall hold and keep updated / renewed all licenses, insurance and permits necessary for the use of Vehicle on the Platform.

13.   The Driver shall ensure comprehensive insurance including without limitation third party insurance of Vehicles and such other insurance as may be required by Applicable Law is obtained and always maintained, and the User and/or Yaari shall not be liable for taking insurance or paying premium thereof in respect of the Vehicle or any liability arising out of plying of such Vehicle.

14.   The Driver agrees that the costs associated with the maintenance of the Vehicle shall be borne by the Driver.

15.   The Driver shall be solely responsible for (i) any failure to complete a Ride Request accepted by the Driver; (ii) any failure to pick up User(s) at the allotted time and/or place; (iii) any act or omission on the part of its Drivers including any rash and negligent driving, verbal, physical or harassment of any nature; (iv) any violation or non-adherence to the Applicable Law by it; (v) any nuisance or damage caused to the property of the Company by the Driver or any misbehaviour with Company representatives; and (vi) any physical and/or mortal danger caused to the Users whilst using or in connection with the Ride Service.

16.   Notwithstanding the aforementioned, in the event the Driver is unable to confirm / complete the Ride Request or is unable to provide Ride Services to the satisfaction of the User, or provides Ride Services using a Vehicle not registered to the Driver or not registered on the Platform, the Driver shall pay the Company such penalty as determined by the Company. The assessment of the quality of services of the Driver made by the User and/or the Company shall be binding on the Driver. The Driver hereby expressly authorises the Company to deduct from the wallet maintained by the Driver, such penalties as applicable.

17.   The Driver hereby agrees that any complaint/s by Users regarding the Vehicle or Driver will be considered to be a breach of the obligations by the Driver hereunder for which Yaari shall not be responsible in any manner. If there is any serious complaint regarding any particular Vehicle and/or Driver, Yaari may, in its sole discretion, immediately terminate the Account of such Driver, by providing a written notice to Driver to this effect.

Other Obligations

1.     The Driver shall not stop the Vehicle for filling fuel during the Ride and shall not make any Personal stops during the Ride.

2.     The Driver shall make the Vehicle available to Yaari for field audit promptly upon request by Yaari.

3.     The Driver shall ensure that he has adequate change with him so that at all times he is in the position to return the balance amount to the User.

4.     The Driver shall not make unwarranted use of the User contact details after the Ride has come to an end.

5.     The Driver shall keep his mobile ‘ON’ while he is logged into the Platform and shall receive all calls by Yaari and the User.

6.     Driver shall not use mobile phones (unless for emergency purposes) while driving. This includes but not limited to SMS, video calls, voice, MMS and downloading.

7.     The Driver shall not lie about Vehicle’s position to Yaari representatives. The Driver shall not report meter readings incorrectly. The Driver shall provide opening and closing readings of the Vehicle odometer on time as and when such reading is required to be provided by Yaari representatives.

 

Payment for Services

1.     Yaari shall charge Fees for the Service which shall be determined and amended at the sole and absolute discretion of Yaari. The Fees shall be payable by you to Yaari and shall be informed to you through the Platform.

2.     Each Driver shall maintain an E-Wallet powered by a third-party payment processor that shall be linked to the Account of the Driver.

3.     The Driver shall recharge the linked E-Wallet periodically using the services of an entity providing payment gateway/processor services (“PG”), authorized by Yaari. You agree and undertake to share relevant payment details including credit/debit card details (Card Details) with the PG for the successful completion of payment and authorize the PG to complete such transactions. In this respect, it is clarified that all PGs whose services are utilized for the purposes of the Platform shall be PCI-DSS (Payment Card Industry – Data Security Standard) compliant. Your authorization permits the PG to debit or credit the bank account associated with Your payment details. Your authorization further permits the PG to use Your Card Details for the processing of transactions initiated by You at any of Yaari’s affiliates. Your authorization will remain in effect as long as You maintain an Account with Us.

4.     The Driver shall ensure that at all times, the linked E-Wallet contains a minimum balance of not less than Rs. 500 (Five Hundred) failing which the Account of the Driver shall be suspended till such time as the minimum balance rises above the stipulated amount.

5.     You shall choose to pay for the Service Fee through the linked E-Wallet payment. You hereby authorize Yaari to deduct from your linked E-Wallet, all sums due to Yaari for the Services rendered at the rates then applicable and displayed to you on the Platform.

6.     Notwithstanding the aforementioned, the Driver authorises Yaari to withdraw from the linked E-Wallet, the following fees:

1.     Daily premium for being listed on the Platform;

2.     Any convenience fee that is paid by User to Driver;

3.     Cancellation Fees for Rides that have been cancelled by the Driver;

4.     Sums you collect from Users in the form of Cancellation Fee or Additional Fees; and

5.     Any other charges will be added in the statement if any.

 

7.     The Driver mobile application may also, at times, provide you with the option to receive cash-back, subject to such terms as applicable, that may be accumulated and can be withdrawn at Yaari offices once the set minimum limit is reached.

8.     The processing of payments, in connection with Your use of the E-Wallet will be subject to the terms, conditions, and privacy policies of the Payment Processor that Yaari engages for the purpose. Yaari will not be responsible for any errors by the Payment Processor in any manner.

9.     Any payment related issue, except when such issue is due to an error or fault in the Platform, shall be resolved between You and the Payment Processor. Yaari shall not be responsible for any unauthorized use of Your E-Wallet during or after availing the Services on the Platform.

 

Driver Representations and Warranties

The Driver represents, warrants and covenants that:

1.     he shall carry out its obligations herein with a reasonable standard of care, skill and diligence as maintained by persons providing, on a commercial basis, similar services;

2.     he shall maintain a ‘Reserve Bank of India KYC compliant’ bank account;

3.     he is a person of good repute and character and has never have been convicted of an offence involving moral turpitude and that no warrant, summons, FIR or any other process has been initiated against or issued in its name by any court of law, Governmental authority or law enforcement agency. Further, the Driver has not 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 and that no proceeding is pending against the Driver regarding the same;

4.     he shall maintain and continue to maintain all local licenses, permits, approvals and consents in respect of the Vehicle;

5.     he shall not, directly, or indirectly, either for its own account or as a representative or agent of any third party, solicit, persuade, induce, encourage, or procure to provide services to any User of the Platform during the period of this Agreement and twelve (12) months thereafter;

6.     he shall not, directly, or indirectly, either for its own account or as a representative or agent of any third party, contact or attempt to contact any user of the Platform for personal or commercial reasons (save as authorized by Yaari) during the period of this Agreement and twelve (12) months thereafter;

7.     he understands that any service offered to Users by circumventing Yaari is unlawful and is a punishable offense as per applicable law, including, in particular, the Indian contract Act, 1872;

8.     it is fully authorized and empowered to enter into this Agreement, and that its performance of the obligations under this Agreement shall not violate any agreement between the Driver and any other person, firm or organization or any law or governmental regulation;

9.     he holds the complete intellectual property rights in the Driver content submitted to the Company;

10.   that the use of the Driver content by the Company shall not infringe upon the rights of any third-party, including intellectual property rights; and that

11.   the Driver expressly understands and agrees that this agreement does not authorize him to be a representative of the Company or vice-versa, for any purpose whatsoever.

 

Aadhaar Data Usage

The Driver hereby expressly provides to the Company, his/her consent towards collection, storage, and sharing of Driver’s Aadhaar data (including the number, the card, and all data extracted from them) with third-party Drivers for background verification or other purposes deemed fit by the Company and with government agencies as requested from the Company.

The Driver expressly authorises the Company to store his Aadhaar data for the purposes above. The Company shall comply with statutory requirements for collection, storage, and sharing of the aforementioned Aadhaar data.

 

Driver Account Restrictions

You are a restricted user of this Platform.

1.         You are bound not to cut, copy, distribute, modify, recreate, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information obtained from the Platform. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Platform is not permitted.

2.         You agree not to access (or attempt to access) the Platform and/or the materials or Services by any means other than through the interface that is provided by the Platform. The use of deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process to access, acquire, copy or monitor any portion of the Platform or Content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Platform are hereby expressly prohibited. You acknowledge and agree that by accessing or using the Platform or Services, you may be exposed to content from other users that you may consider offensive, indecent, or otherwise objectionable. We disclaim all liabilities arising in relation to such allegedly offensive content on the Platform. Further, you may report such offensive content.

3.         In places where this Platform allows you to post or upload data/information, you undertake to ensure that such material is not offensive and in accordance with applicable laws. You undertake not to host, display, upload, modify, publish, transmit, update, or share any information that:

a)         belongs to another person and to which the user does not have any right;

b)        is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;

c)         harm minors in any way;

d)        infringes any patent, trademark, copyright or other proprietary rights;

e)         violates any law for the time being in force;

f)          deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

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 cognisable offence or prevents investigation of any offence or is insulting any other nation.

4.         The Driver shall not:

a)         Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean, or otherwise violate the legal rights of others;

b)        Engage in any activity that interferes with or disrupts access to the Platform or the servers and networks which are connected to the Platform;

c)         Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;

d)        Upload, distribute, or otherwise make available content that contain viruses, corrupted content, or any software or program that may damage the operation of the Platform or another’s operation of the Platform;

e)         Probe, scan or test the vulnerability of the Platform or any network connected to the Platform, nor breach the security or authentication measures on the Platform or any network connected to the Platform. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Platform, or any other User of the Platform, including any User Account not owned by you, to its source, or exploit the Platform or Service or information made available or offered by or through the Platform, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, as provided for by the Platform;

f)          Disrupt or interfere with the security of, or otherwise cause harm to, the Platform, systems resources, accounts, passwords, servers, or networks connected to or accessible through the Platform, or any affiliated or linked sites;

g)        Collect or store data about Users or other Drivers in connection with the prohibited conduct and activities set forth in this Section;

h)         Use the Platform or any material or Content for any purpose that is unlawful or prohibited by these Terms or applicable laws, or to solicit the performance of any illegal activity or other activity which infringes the rights of this Platform or other third parties;

i)          Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;

j)          Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;

k)         Publish, post, disseminate information that is false, inaccurate, or misleading;

l)          Directly or indirectly, offer, attempt to offer, trade, or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation, or guideline for the time being in force;

m)       Create liability for us or cause us to lose (in whole or in part) the services of our internet service provider (“ISPs”) or other suppliers/service providers.

It shall be a violation of these Terms of Use to use any information obtained from the Platform in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person other than us without our prior explicit consent.

We reserve the right to immediately terminate the Service and the use of the Platform in the event of non-compliance with any of the above requirements.

We can (and you hereby expressly authorize us to) disclose any information about you to law enforcement or other government officials, as we, in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.

You understand that we have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Platform) as necessary to satisfy any law, regulation, or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or summons.

 

Compliance with Laws

All Drivers shall comply with all the applicable laws (including without limitation Motor Vehicles Act, 1988, and the rules made and notifications issued thereunder, the Information and Technology Act, 2000, as amended by the Information Technology (Amendment) Act 2008, and the rules made there under, Income Tax Act, 1961 and the rules made thereunder.

 

Communications

By using this Platform, it is deemed that you have consented to receiving calls, autodialled and/or pre-recorded message calls, text messages, videos, images, and other data from us at any time, on the contact information that has been provided by you as part of Registration Data or otherwise.

In the event you avail Services, we may send any information deemed relevant to the service you desire, via SMS, Chat, email, or by voice call on the contact number provided by you or through information about you received from other parties. You may also be contacted by Drivers whose services you book and/or avail through the Platform or by service providers with whom we have entered into a contract in furtherance of our rights, duties and obligations under this document, and all other policies followed by us.

The consent to be contacted is for purposes that include but are not limited to clarification calls and marketing and promotional calls.

You agree and permit Yaari to share any information provided by You with third parties in order to facilitate provision of certain value-added services offered by such third parties to You and/or to provide certain value-added services to You by Yaari. You hereby expressly consent to receive communications from Yaari/ third parties offering value-added services to You through Your registered phone number and/or e-mail id and/or the Platform. You agree that You will not hold Yaari responsible for any such communications received from third parties, nor will any such communication amount to spam, unsolicited communication or a violation of Your registration on the national do not call registry.

The sharing of the information provided by you is governed by the Privacy Policy. You hereby unconditionally consent that such communications via SMS, Chat and/ or voice call is (a) upon your request and authorization, (b) ‘transactional’ and not an ‘unsolicited commercial communication’ as per the guidelines of Telecom Regulation Authority of India (TRAI) and (c) in compliance with the relevant guidelines of TRAI or such other authority in India.

You hereby agree and undertake to indemnify us against all types of losses and damages incurred by us due to any action taken by TRAI, Access Providers (as per TRAI regulations) or any other authority due to any erroneous compliant raised by you against us with respect to the intimations mentioned above or due to a wrong number or email id being provided by you for any reason whatsoever.

You agree and consent to receive all communications at the mobile number provided, even if this mobile number is registered under DND/NCPR list under TRAI regulations. And for that purpose, You further authorise Sooq Techonologies pvt ltd to share/disclose the information to any third party service provider or any affiliates, group companies, their authorised agents or third party service providers.

 

Driver Content

The Driver hereby grants the Company, a worldwide, royalty free, irrevocable license to use its Intellectual Property, its brand name, logo, and the Driver content provided to the Company or developed by the Company (including descriptions, interviews, write-ups, photographs, and videos).

The Driver agrees to use any trademark, service mark, trade name or logo of the Company authorized by the Company in a manner that does not cause, is likely to cause or intends to cause confusion about the owner of such marks, names, or logos.

All logos, trademarks, brand names, service marks, domain names, including material, designs, graphics created by and developed by the Company pursuant to this agreement and other distinctive brand features of the Company and its Platform, including the Driver service descriptions, images, videos, and write-ups are the property of the Company.

Nothing in these Terms shall restrict other legal rights we may have to Driver Content under other licenses. We reserve the right to remove Driver Content for any reason, including a violation or an apparent violation of these Terms or our policies, as we may solely determine.

Following termination or deactivation of your account, or your removal of any Driver Content from the Platform, we may, but shall not be bound to, retain such Content for a commercially reasonable period of time for backup, archival, or audit purposes. It is specified that the Company shall have the right to remove all Driver Content following termination or deactivation of your account.

 

Intellectual Property Rights

This Platform and the information available on or through the Services and/or the Platform, including without limitation, text, photographs, graphics and video and audio content, but excluding Driver Content and Posted Content is the sole and exclusive property of the Company and/or its licensors and is protected by copyright, trademark, patent, and trade secret laws, other proprietary rights, and international treaties. We retain all right, title, and interest (including all copyright, trademark, patent, trade secrets, and all other intellectual property rights) in the Platform, except as specified to the contrary.

You acknowledge that the Services and any underlying technology or software used in connection with the Services contain the company’s proprietary information.

There are a number of proprietary logos, service marks and trademarks found on this Platform whether owned/used by the Company or any other third party. By displaying them on Platform, the Company is not granting you any license to utilize the proprietary logos, service marks, or trademarks.

From time to time, the Company may post comments or articles on the Platform. These articles are the Intellectual Property of the Company and you are prohibited from posting, reproducing, publishing, amending, or editing such articles. In the event you have an issue with any article so posted, you may report the same via mail and we may look into it. We are under no obligation to remove such articles and the final decision lies with us.

We are not in any way liable to you, for any loss arising to you from activities that include but are not limited to our negligence, breach of contract, Intellectual Property infringement, breach of laws, etc.

We give you permission to use the aforementioned content in accordance with these Terms and do not transfer any intellectual property rights to you by virtue of permitting your use of the Services. You may print, download, and store information from the Platform for your own convenience, but you may not copy, distribute, republish, sell, or exploit any of the content, or exploit the Platform in whole or in part, for any commercial gain or purpose whatsoever, save as set forth in these Terms. The Company does not grant you any express or implied rights, and all rights in the Platform and the Services not expressly granted by the Company are retained by the Company.

From time to time, our Platform may have external links connected to other websites of Third Parties. We are in no way liable for the information found on the external websites. External websites may have their own policies and we are in no way responsible for any loss or damage cause by them to you. You are advised to use your own discretion in the navigation and use of external websites.

 

Disclaimer of Warranties and Liabilities

YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

THE PLATFORM, SERVICES AND OTHER MATERIALS ARE PROVIDED BY THIS PLATFORM IS ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, THE COMPANY MAKES NO WARRANTY THAT

1.     YOUR REQUIREMENTS WILL BE MET OR THAT SERVICES PROVIDED WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE;

2.     MATERIALS OR INFORMATION PROVIDED WILL BE EFFECTIVE, ACCURATE OR RELIABLE;

3.     THE USER DETAILS DISPLAYED TO YOU WILL BE ACCURATE OR UPDATED;

4.     THE DRIVER AND/OR VEHICLE DETAILS DISPLAYED ON THE PLATFORM WILL BE ACCURATE OR UPDATED;

5.     ANY ERRORS OR DEFECTS IN THE PLATFORM, SERVICES, OR OTHER MATERIALS, WILL BE CORRECTED.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL HAVE NO LIABILITY RELATED TO USER CONTENT OR DRIVER CONTENT ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. THE COMPANY ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER CONTENT.

THE DRIVER UNDERSTANDS AND AGREES THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE PLATFORM IS DONE ENTIRELY AT THEIR OWN DISCRETION AND RISK AND THEY WILL BE SOLELY RESPONSIBLE FOR SUCH ACTIONS. THE COMPANY ACCEPTS NO LIABILITY FOR ANY ERRORS OR OMISSIONS, WITH RESPECT TO ANY INFORMATION PROVIDED TO YOU WHETHER ON BEHALF OF ITSELF OR THIRD PARTIES.

WE SHALL NOT BE LIABLE FOR ANY DRIVER SERVICE. WE DO NOT CONTROL ANY OF THE SERVICES OFFERED ON OR THROUGH THE PLATFORM. ACCORDINGLY, WE DO NOT PROVIDE ANY WARRANTIES WITH RESPECT TO THE SERVICES OFFERED THROUGH THE PLATFORM.

ANY ADVERTISEMENTS SHOWN ON THE PLATFORM WITH RESPECT TO THE THIRD-PARTY WEBSITES, PRODUCTS, OR SERVICES ARE FOR INFORMATIONAL PURPOSE ONLY.

 

Indemnification and Limitation of Liability

DRIVER (“INDEMNIFYING PARTY”) WILL INDEMNIFY, DEFEND, AND HOLD THE COMPANY AND ITS AFFILIATES, CLIENTS, USERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, ASSIGNS AND SUCCESSORS HARMLESS FROM AND AGAINST ANY LOSSES, DAMAGES, LIABILITY, CLAIMS, COSTS, PENALTY AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES) INCURRED BY REASON OF (I) ANY BREACH OR ALLEGED BREACH BY YOU OF THE YOUR OBLIGATIONS, PERFORMANCE OR OBSERVANCE OF YOUR ROLE, FUNCTIONS, RESPONSIBILITIES, REPRESENTATIONS, OR WARRANTIES; (II) ANY VIOLATION OF COMPANY POLICIES OR ANY OTHER POLICIES PROVIDED BY YAARI; (III) ANY HARM TO THE REPUTATION AND GOODWILL OF YAARI; (IV) DRIVER’S MISCONDUCT OR UNAUTHORIZED ACCESS TO DATA ON THE PLATFORM; (V) FRAUD, NEGLIGENCE AND MISCONDUCT OF THE DRIVER; OR (VI) AS A CONSEQUENCE OF ANY COMPLAINT FROM ANY USER RECEIVED BY THE COMPANY WITH RESPECT TO RIDE SERVICE.

IF YOU HAVE A DISPUTE WITH ONE OR MORE USERS, YOU FOREVER RELEASE THE COMPANY (AND ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SERVICE PROFESSIONALS, SUPPLIERS, AGENTS, SUBSIDIARIES, AND EMPLOYEES) FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE PLATFORM.

IN NO EVENT SHALL WE, OUR USERS, OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS OR SUPPLIERS BE LIABLE TO DRIVER, OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT FORESEEABLE OR WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BASED ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR ACCESS TO THE PLATFORM, SERVICES OR MATERIALS.

YAARI SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE, HOWSOEVER CAUSED OR SUFFERED BY THE DRIVER ARISING OUT OF THE USE OF THE SERVICE OFFERED BY THE COMPANYY TO THE DRIVER DIRECTLY OR INDIRECTLY, FOR ANY REASON WHATSOEVER, INCLUDING BUT NOT LIMITED TO DAMAGE OR LOSS CAUSED TO YOU AS A RESULT OF A USER’S NON-COMPLIANCE, WHICH INCLUDES, BUT IS NOT LIMITED TO, ANY INCORRECTLY PLACED VOICE INSTRUCTIONS, MALFUNCTION, PARTIAL OR TOTAL FAILURE OF ANY NETWORK TERMINAL, DATA PROCESSING SYSTEM, COMPUTER TELE-TRANSMISSION OR TELECOMMUNICATIONS SYSTEM OR OTHER CIRCUMSTANCES WHETHER OR NOT BEYOND THE CONTROL OF THE COMPANY OR ANY PERSON OR ANY ORGANIZATION INVOLVED IN THE ABOVE MENTIONED SYSTEMS. THE DRIVER SHALL ALSO BE LIABLE TO YAARI FOR ANY LOSS CAUSED TO YAARI DUE TO THE NEGLIGENCE OF DRIVER OR ANY UNLAWFUL ACT OR OMISSION IN THE PERFORMANCE OF THE RIDE SERVICE. WITHOUT PREJUDICE TO THE ABOVE, YAARI SHALL NOT BE LIABLE FOR ANY DIRECT OR INDIRECT LOSS OR DAMAGE, WHICH MAY BE SUFFERED BY THE DRIVER AS A RESULT OF ANY FAILURE BY A USER TO SHOW UP WITHIN ANY STIPULATED TIME EVEN IF YAARI HAS AGREED TO SUCH TIMING OR EVEN IF THE USER HAS ADVISED YAARI OF THE POSSIBILITY THAT HE / SHE MAY NOT SHOW UP WITHIN THE STIPULATED TIME.

IN ADDITION, AND WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL YAARI’s AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE USER TERMS OR THE 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).

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 YAARI SHALL BE THE MINIMUM PERMITTED UNDER APPLICABLE LAW.

 

Term, Termination, Survival

This Agreement shall become effective from the date of registration of the Driver account and shall continue in effect thereafter unless terminated as set forth below:

Either Party may terminate these Terms by providing the other with a written notice of 1 (Seven) days.

Additionally, Yaari is entitled to terminate the agreement at all times and with immediate effect (by disabling Your use of the Platform and the Service) if You: (a) violate or breach any term of these Terms, or (b) in the opinion of Yaari, misuse the Platform or the Service. Yaari is not obliged to give notice of the termination of the agreement in advance. After termination Yaari will give notice thereof in accordance with these Terms.

Upon termination, The Company shall deduct from the Driver wallet all sums due and owing to the Company.

Any terms or conditions of this Agreement which by their express terms extend beyond termination or expiration of this Agreement or which by their nature will so extend will survive and continue in full force and effect after any termination or expiration of this Agreement.

 

Application Terms

Subject to Your compliance with these User Terms, Yaari 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 Platform.

Upon download and installation of the mobile application, you grant the following permissions to the application to perform the following actions on the device you have installed the application on:

1.     to retrieve information about the device;

2.     to retrieve information about other applications running on the device the application has been installed on;

3.     to access information about accounts on the device;

4.     to read from, write on, modify, and delete data pertaining to contacts on the device;

5.     to access information about networks, access networks including Wi-Fi networks, receive and send data through the network;

6.     to determine your approximate location from sources like, but not limited to mobile towers and connected Wi-Fi networks;

7.     to determine your exact location from sources such as, but not limited to GPS;

8.     to access the model number, IMEI number and details about the operating system of the device the application has been installed on, as well as the phone number of the device;

9.     to detect when the device had been switched off and switched on and to identify the status of the device;

10.   to read from, write on, modify, and delete data pertaining to the application on the device’s hard disk and/or external storage;

11.   to read from, write on, modify, and delete data pertaining to Photos / Media / Files on the device’s hard disk and/or external storage;

12.   to access the camera on the device and record photographs and videos;

13.   to access the microphone on the device and record audio;

14.   to access and change the display and sound settings of the device;

15.   to capture audio output;

16.   to interact across users on the device;

17.   to pair with Bluetooth devices;

18.   to run at start-up of the device;

19.   to draw over other apps on the device;

20.   to control vibration of the device; and

21.   to prevent the device from sleeping.

 

Confidentiality

The Driver agrees to keep in strictest confidence and not disclose to any third party, the terms agreed by the Parties herein and the terms and conditions set out in this Agreement, unless such disclosure is required by law.

The Driver agrees to treat any data including but not limited to personal data, whether written, oral or visual, disclosed to it or which comes into its possession or knowledge in connection with or as a result of the provision of services mentioned in this Agreement, including without limitation personal information of the User, through any medium as confidential and shall not disclose the same to any others, except as may be required by law or as may be required to be disclosed on a “need-to-know” basis for implementing this Agreement.

Breach

The Driver agrees that any breach is likely to cause significant and irreparable damage to the Company and hence the Driver shall have the right to apply to any court of competent jurisdiction for an order restraining any breach or threatened breach of this Agreement by way of injunctive relief and for any other relief including indemnity from and against any and all losses arising from the breach of this Agreement.

In the event of termination due to breach, any liability for damages, claims and other relief sought by the Company shall remain in full, until settled to the satisfaction of the Company.

 

Dispute Resolution

All disputes between the Driver and the Company arising from the use of the Platform by the User shall be resolved amicably by mediation or negotiation, failing which they shall be referred to binding arbitration by a Sole Arbitrator. The Sole Arbitrator shall be jointly appointed by the Company and the Driver. The arbitral award shall be final and binding on the parties and there shall be no further remedy available. The arbitration proceedings will take place in Bangalore and will be in English. The provisions of the Arbitration and Conciliation Act, 1996, shall apply to the arbitration.

The Courts in Bangalore, Karnataka, shall have the jurisdiction for all suits arising out of or in connection with this Agreement.

Any grievances, issues, queries, complaints, or information that you wish to communicate to us can be addressed to our Grievance officer at 080-68366020 (Mr. Farooq Ahmed).

 

Miscellaneous Terms

The company reserves its exclusive right in its sole discretion to alter, limit or discontinue the Platform or any material posted herein, in any respect. The company shall have no obligation to take the needs of any user into consideration in connection therewith.

The company reserves its right to deny in its sole discretion any Driver access to this Platform or any portion hereof without notice.

If any provision of this Agreement is determined to be unenforceable in whole or in part for any reason, then such provision or part shall to that extent be deemed deleted from this Agreement and the legality, validity and enforceability of the remaining provisions of this Agreement shall not be in any way affected thereby and any act of omission /commission of the Parties hereto done prior to the provisions being held unenforceable shall be deemed to be valid and/or binding on the other.

No waiver by the company of any provision of these Terms shall be binding except as set forth in writing and signed by its duly authorized representative.

From time to time, the Platform may automatically check the version of the mobile application installed on the device of the User and, if applicable, provide suitable updates (hereinafter referred to as “Updates”). Updates may contain, without limitation, bug fixes, patches, enhanced functionality, plug-ins, and new versions of the application. By using the Platform, you authorize the automatic download and installation of Updates and agree to download and install Updates manually, if necessary.

Yaari reserves the right, at its sole discretion, to modify or replace, in part or full, any of these Terms.

Yaari shall not be required to notify You of any changes made to these Terms. The revised 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 Yaari last modified the Terms by referring to the “Last Updated” legend above. It shall be Your responsibility to check these Terms periodically for changes. Yaari may require You to provide Your consent to the updated Terms in a specified manner prior to any further use of the Platform and the Services. If no such separate consent is sought, your continued use of the Platform, following the changes to the Terms, will constitute Your acceptance of those changes. Your use of the Platform and the Services is subject to the most current version of the Terms made available on the Platform at the time of such use.

Yaari 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 Yaari’s account information.

Failure or delay in exercising any rights under this agreement by either parties or failure to insist upon or enforce strict performance of any provision contained herein, shall not be considered waiver of such right, even if there are multiple, successive instances of such failures or delays.  If a valid waiver is made in writing, no waiver shall be considered continuing or permanent.

Neither this Agreement nor any rights under this Agreement may be assigned, subcontracted, or otherwise transferred by the Driver, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of the Company.

Neither party shall be liable to the other party for any failure to perform any of its obligations (except payment obligations) under the Agreement during any period in which such performance is delayed by circumstances beyond its reasonable control including, but not limited to, fire, flood, war, embargo, strike, riot, or the intervention of any governmental authority (a “Force Majeure”). In such event, however, the delayed party must promptly provide the other party with written notice of the Force Majeure. The delayed party’s time for performance will be excused for the duration of the Force Majeure, but if the Force Majeure events lasts longer than 60 (sixty) days, the other party may immediately terminate the applicable Service Agreement by giving written notice to the delayed party.

 

Any grievances, issues, queries, complaints, or information that you wish to communicate to us can be addressed to our Grievance officer at 080-68366020 (Mr. Farooq Ahmed).