TERMS AND
CONDITIONS FOR CAPTAINS
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.
Sirorder Transportation Services Private Limited (“Sirider”
/ “Company” / “us”, “we” or “our”) provides technology-based services and acts
as an intermediary for facilitating: (i) on-demand transportation services by
means of two-wheelers (“Bikes”) and three-wheelers (“Autos”) (collectively,
“Vehicle(s)”),Bike Rickshaw or Hamali Rickshaw or Bike Auto (“Transportation
Services”), and (ii) pick up and drop off services of packages from one
location to the other through the Captains (defined hereinafter) (“Package
Services”); (Transportation Services and Package Services are collectively
referred to as “Services”) and other support services (such as associated
payment collection) as offered by Sirider from time to time by means of the
Company’s website and the mobile application “Sirider” (collectively,
“Platform”). The Services are provided / offered by
third party vehicle operators, service providers or riders who wish to offer
such Services through the Platform (“Captain(s)” / “you”).
On
the basis of the representations and warranties provided by the Captain, the
Company has agreed to list the Vehicles on the Platform and to enable the
Captain to provide the Services through the Platform 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 the provision
of Services (collectively, “T&Cs”). These T&Cs will govern the
relationship between you and the Company in the course of provision of the
Services. By signing up or registering on the Platform and offering to provide
one or more of the Services, 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 or offer any Services.
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. GENERAL COVENANTS
In relation to your access of the Platform to provide the
Services, you covenant and agree to the following:
1. Sirider Captains should be Indian Citizens.
2.
For the purposes of registration/ creation of an account on the
Platform and providing the Services, you confirm that you are 18 years of age.
3.
You are not restricted by any legal, regulatory, judicial,
quasi-judicial or other authority, to access the Platform or provide the
Services, including to enter into transactions contemplated using the Services.
4. Sirider Captains new joining or Signup Rs. 1000 has to be paid onboarding fee and this is fee only for captain safety and care.
5.
You will provide the Services solely as permitted and in
accordance with these T&Cs and in accordance with applicable laws.
6.
By using the Platform and offering the Services, you authorize Sirider,
whether directly or indirectly through third parties, to collect information
about you or make any inquiries necessary to validate your identity including
conduct police verification and background checks, in accordance with our
Privacy Policy. Please read the Privacy Policy to understand how we collect,
process and share your information, including personal information and
sensitive personal data or information (collectively, “Information”).
7.
When you provide any Information to Sirider, you will provide
only true, accurate, current and complete Information. You understand and acknowledge
that the responsibility to provide correct Information, including the contact
information, bank account details etc., as required in connection with the
Services, lies solely with you. You must take all caution to ensure that there
are no mistakes and errors in the Information you provide. We will not be
responsible to verify the accuracy of the Information provided by you.
8.
These T&Cs impose valid and legally binding obligations on
you and are enforceable against you.
9. Sirider taxi Bike, Auto, Bike Rickshaw or Hamali Rickshaw, (upcoming Cabs ) services are available only India.
10. Sirider Taxi Bike, Auto, Bike Rickshaw or Hamali Rickshaw presently running in telugu States Telangana and Andra Pradesh
II. PAYMENT TERMS
1.
To offer the Services on the Platform, you should be eligible as
per the onboarding criteria and provide such documents as requested by Sirider
as per applicable law and Sirider’s internal policies, and ensure continued
compliance with the same. Particularly, you represent, warrant and covenant to Sirider
that:
a.
You have at least 2 years or 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
c.
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
d.
You have cleared and have no pending challans applicable to the
Vehicle prior to integration with the Platform.
2.
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.
3.
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.
4.
You are solely responsible for maintaining the confidentiality
of your credentials (username, 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.
5.
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 username and password to Your
Account and to any third-party account you have used to login to Your Account.
6.
You agree to inform us immediately if you have any reason to
believe that your login credentials have become known to anyone else, or if the
password is being or is likely to be used in any unauthorized manner.
7.
Sirider will not be liable for any breach of security or
unauthorized use of Your Account.
8.
The Company will take the booking request of the customer made
on the Platform (“Service Request”) and forward it to you through the
Platform, or in such other manner based on Sirider’s sole discretion, and the
Captain is prohibited from accepting a ride through street hailing or other
means while using the Platform.
9.The
Company reserves the right to discontinue or introduce any other modes of
Service Requests and/or for providing Services. In case of Package Services, at
no time whatsoever will the Captain tamper, damage, open or do anything to the
parcels that he/she is not specifically permitted to do during the course of
providing the Services.
10. The Company may monitor and record calls made
by you to the customers, for the
purpose of training and improving customer care services, including complaint
handling, and you provide your consent for the same.
11.The Company will not
be liable if you do not download the correct mobile application including
correct and compatible version of the Sirider mobile application.
12.You agree that Sirider
(either directly or indirectly through its affiliates or third parties) may
communicate with you in connection with the Platform or the Services, either
electronically (for example, push notifications), or through phone calls,
WhatsApp messenger application, email, or in writing through other modes.
III. YOUR CONDUCT
The Captain and the Company represent that:
1.
The Captain will not reject Service Request(s) from a customer,
except when deemed absolutely necessary and/or under exceptional circumstances,
as deemed acceptable by Sirider at its sole discretion. In case of repeated or
consistent denial of Service Requests, Sirider reserves the right to take
appropriate action including suspension or permanent deactivation of Your
Account and termination of these T&Cs.
2.
The Captain will refrain from doing anything which the Company
reasonably believes to be disreputable or capable of damaging the Company’s
reputation and will comply with all applicable laws of the Republic of India.
3.
In relation to the Platform, the Captain agrees to:
a.
Not authorize others to use Your Account on the Platform or your
Vehicle;
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 use the Platform to cause nuisance, annoyance or
inconvenience to customer, Sirider or any other person;
e.
Not consume alcohol or drugs, or be under the influence of drugs
or other illegal substances, prior to or during the provision of Services. Sirider
has a zero tolerance policy in respect of use of drugs, alcohol, intoxicants or
other illegal substances, by any Captain and the customers can report any such
behaviour to Sirider and strict action will be taken by Sirider including but
not limited to suspension of your Services / Your Account while under
investigation and termination;
f.
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;
g.
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;
h.
Not try to harm the Platform in any way whatsoever;
i.
Not copy, or distribute any content on the Platform without
written permission from the Company; and
j.
Not use the Platform with an incompatible or unauthorized
device.
4.
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 user 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 good 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.
5.
The Company reserves the right to immediately terminate the use
of the Platform by the Captain if he does not comply with any of the above
rules in Clauses III.3 and III.4 above.
6.
The Captain will not be permitted to operate on the Platform for
more than 12 hours on a calendar day and should take a mandatory break of 10
hours before subsequent login into the Platform and offering the Services.
7.
The Captain consents to provide identity documents for police
verification and background checks by the Company, directly or indirectly
through a third party appointed by the Company.
8.
The Captain will have to mandatorily undergo an induction
training program of 30 hours before onboarding with the Sirider Platform,
through online meeting and agrees to
undergo any other training programs including refresher training program as
required by applicable law or as deemed necessary by Sirider.
9.
The Captain will not be allowed to operate without undergoing a
complete medical examination including eye check-up through a medical
institution prescribed by the Company. The cost of such medical check-up will
be borne by the Company.
10. Sirider
/ its personnel may undertake spot checks of the Vehicles to verify and ensure
your compliance with these T&Cs and applicable laws.
IV. PAYMENT TERMS
1.
The Company has the discretion to charge any such fees from the
Captain as updated on the Platform from time to time and will be subject to
applicable taxes.
2.
The Company charges a convenience fee from the customers for
facilitating the Services through the Platform.
3.
The Captain authorizes the Company to collect the service/travel
fee (“Fare”) from the customers on behalf of the Captains.
4.
If the Fare is collected in cash by the Captain from the
customer, the convenience fee component of the Fare that is due to Sirider by
the customers, for providing the Platform and associated services to the customers,
will be adjusted against amounts due to be settled with the Captains by Sirider.
V. REPRESENTATIONS, WARRANTIES AND COVENANTS
1.
The Captains 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 Captains hereby represent, warrant and covenant the
following:
a.
They have the requisite authority or assignment to drive the
Vehicle and there are no restrictions with respect to the use of the Vehicle
that will hinder the Captain from the performance of the Services or using the
Platform;
b.
They have all rights, licenses, and permits as may be required
under applicable laws to perform the Service in accordance with these T&Cs;
c.
They are in compliance with the Motor Vehicles Act, 1988 (“MV
Act”), Food Safety and Standards Act 2006 and any other applicable laws
(including rules, regulations and orders notified there under) as required to
be complied with by any person driving Vehicles and providing the Services;
d.
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;
e.
They hold and will maintain updated/renewed licenses, insurance
and permits necessary for the use of Vehicle;
They will not drive rashly, will follow traffic regulations and
all applicable laws, not consume liquor/ cigarette/ bidi, or any other kind of
intoxicant and will have and hold a valid driving license and
registration/insurance papers for the Vehicle at all times, during the
performance of the Services. The Captain will not take any personal calls
except in the event of an emergency, without prejudicing the safety of the
Vehicle and the customer. The Captain will take all calls
a.
from the customer and the Company 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;
b.
They will provide the Services in a courteous and professional
manner as reasonably expected by a service provider providing the Services;
c.
They will at all times during which he is undertaking the
Services, maintain dress, appearance, and hygiene codes reasonably expected
from a service provider;
d.
They will perform its obligations with promptness and use
reasonable care and skill and in accordance with standards of diligence, care,
skill, quality and integrity to be reasonably expected of an experienced and
reputable provider of Services;
e.
They will provide Services in accordance with all the
specifications that may be prescribed and formulated by the Company from time
to time;
f.
They will follow all the standard operating procedures (SOPs)
and policies that may be prescribed and formulated by the Company from time to
time;
g.
They will not carry any weapons, firearms, ammunition, explosive
devices and dangerous substances during performance of the Services;
h.
They will not seek any extra monetary compensation from the
customer for the completion of Services by way of tips or otherwise;
They will not commit any fraud while providing the Services or
otherwise commit any act or omission, to gain any undue advantage which may
include, but not be limited to: intentionally falsify information; accept
Service Requests without the intention to complete or provide the Services,
provoke customers to cancel for fraudulent purposes; claim fraudulent fees or
charges; intentionally request, accept, or complete fraudulent or falsified
Service Requests; deliberately increase the time or distance of a trip or
delivery for fraudulent purposes or otherwise; claim to complete a delivery
without ever picking up the delivery item; picking up a delivery item but
retaining all or a portion of the item, or not delivering the entire order;
actions intended to disrupt or manipulate the normal functioning of the
Company’s Platform, including manipulating the settings on a phone to prevent
the proper functioning of the Platform and the GPS system; or falsify
documents, records, or other data for fraudulent purposes; creating improper
duplicate accounts; or falsify documents, records, or other
a.
data for fraudulent purposes, or any other fraudulent,
negligent or unlawful activity in contravention of the intent of these
T&Cs, permitted scope of Services envisaged under these T&Cs, or applicable
laws;
b.
They will not allow more than 1 (one) pillion rider on Bikes;
c.
They will ensure that the Vehicle has a valid fitness
certificate issued, insurance certificate, pollution under control certificate,
and other permits / certificates / licenses and will operate under valid and
subsisting permit(s) granted under relevant provisions of MV Act or any other
applicable law;
d.
They will adhere to applicable laws including in relation to
road safety, abide by traffic signals, speed limits and such other norms or
rules applicable for plying the Vehicle on road;
e.
They will perform each pick-up and delivery in the most
efficient manner possible and will make best efforts to adhere to the timelines
prescribed;
f.
They will also ensure that the safety of packages is not
compromised at the time of delivery;
g.
They will report to Sirider immediately if any illegal or
prohibited items are being provided by customer or asked to be delivered by the
customer;
h.
Their total earnings for any given financial year do not exceed
INR 20,00,000 (Rupees Twenty Lakhs) and that they are an unregistered GST
service provider; and
i.
They will promptly inform the Company in case their total
earnings exceeds or is expected to exceed INR 20,00,000 (Rupees Twenty Lakhs)
in a financial year.
VI. RELATIONSHIP BETWEEN THE PARTIES
Independent Contractor: The Captain will operate as, and have
the status of, an independent contractor. The relationship between the Company
and the Captain is on a principal-to-principal basis. The Company and the
Captain 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 Captain. It is clarified
that the Captain will not have any right to conclude any contract for and / or
on the behalf of the Company or bind the Company in any manner.
VII. CAPTAIN INFORMATION
1.
Sirider may collect Captain Information at the time of onboarding
of the Captains, to establish the identity of the Captains. Sirider reserves
the right to store, process, access and use the Captain Information for
business purposes and needs, background check, verification, marketing,
service, development, analytics, research, and any other purpose as Sirider may
deem fit and in accordance with Sirider’s Privacy Policy and applicable law.
The Captain hereby expressly consents to such collection and use of Captain
Information.
2.
Subject to applicable laws, Sirider may provide to a third
party, governmental agency, judicial body, any Captain Information or
information relating to the Captain, if there is a complaint, dispute or
conflict, including any accident involving a Captain on one hand and
end-consumer, or a third party on the other hand.
3.
Please read our Privacy Policy to understand how we deal /
handle Information collected from you.
Captain Information” shall
mean and include any personal data or Information collected from the Captain
including know your customer documents with Captain’s bank, copies of valid
government-issued vehicle registration certificate, mobile number, bank account
details, vehicle insurance copy, driving license, identity proof, residence
proof, location data, proof of ownership of Captains’ Vehicle and any other
Information that Sirider may deem fit.
VIII. CONFIDENTIALITY
1.
Captain will keep confidential all data including customer details,
market information, all work products and documents related thereto, and the
contents of the Platform and will not sell or otherwise make that information
available to any third parties. Except as otherwise agreed, the data of
customers will be the exclusive property of the Company, and the Captain will
not use the same for any purpose or distribute such data in any form or means
except for the purpose of providing the Services and other than as permitted by
the Company and will keep it confidential at all times.
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 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
2.
and other business affairs; (c) third-party information
including that of 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.
IX. 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, non-transferable license to download and
install a copy of the Sirider mobile application on a single mobile device that
you own or control and to run such copy of the Sirider mobile application
solely for your own personal use and for providing the Services.
5. Captain
data: As between Sirider and Captain, all right, title and interest
in: (i) the Information, (ii) other information input into the Platform by
Captain or its authorized users (“Other Information”), and (iii) all
Intellectual Property Rights in each of the foregoing, belong to and are
retained solely by the Captain. Information and Other Information are
collectively referred to as “Your Information”. Captain grants to Sirider
a unlimited, non-exclusive, royalty-free, worldwide license to use Your
Information and perform all acts with respect to the Your Information, as may
be necessary for Sirider to operate, maintain and improve the Platform or
provide the Services to customers, 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). Captain is solely responsible for the accuracy, quality, veracity,
integrity, legality, reliability, and appropriateness of Your Information. Sirider
agrees to access and use Your Information solely for Captain’s / customer’s
benefit and as set forth in these T&Cs or the Privacy Policy.
6. Aggregated
statistics: Notwithstanding anything else in these T&Cs, Sirider
may monitor Captain’s use of the 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 Platform and the Services (“Aggregated
Statistics”). As between Sirider and Captain, all right, title and interest
in the Aggregated Statistics and all Intellectual Property Rights therein,
belong to and are retained solely by Sirider. Captain acknowledges that Sirider
will be compiling Aggregated Statistics based on Your Information and
Information input by other customers / other captains into the Platform.
Captain agrees that Sirider 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 Captain.
7. The
Captain 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;
d. Reverse
engineer or access the Platform in order to:
1. design
or build a competitive product or service
2. design
or build a product using similar ideas, features, functions or graphics of the
Platform, or
3. copy
any ideas, features, functions or graphics of the Platform, or
4. 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.
X. INDEMNITY
1. The
Captain 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, without limitation to costs
and expenses incurred in preparing and defending against or prosecuting any
litigation, claim, action, suit proceeding or demand) of any kind or character,
arising out of or in any manner incidental, relating, or attributable to any
inaccuracy, breach, or failure by the Captain to perform its obligations under
these T&Cs or the applicable laws in relation to performance of the
Services.
2. Sirider
reserves the right, at your expense, to assume the exclusive defence and
control of any matter for which you are required to indemnify Sirider,
including rights to settle, and you agree to cooperate with Sirider for such
defence and settlement. Sirider will use reasonable efforts to notify you of
any claim, action, or proceeding brought by a third party that is subject to
the foregoing indemnification upon becoming aware of it. Captain may, at its
own expense, engage separate counsel to advise Captain regarding a claim and to
participate in the defence of the claim, subject to Sirider’s right to control
the defence and settlement.
XI. DISCLAIMERS
1. THE
COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE AS TO THE RELIABILITY,
TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE
SERVICES PROVIDED BY SIRIDER AND/OR THE PLATFORM. THE COMPANY DOES NOT
REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICES PROVIDED BY SIRIDER
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 SERVICES,
INFORMATION OBTAINED BY YOU THROUGH THE PLATFORM WILL MEET YOUR REQUIREMENTS OR
EXPECTATIONS, (E) ERRORS OR DEFECTS IN THE SERVICES PROVIDED BY SIRIDER 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
Platform may be subject to limitations, delays, and other problems inherent in
the use of the internet and electronic communications including the device used
by you being faulty, not connected, out of range, switched off or not
functioning. The Company is not responsible for any delays, service failures or
interruptions, errors, damages or losses resulting from such problems. Access
to the Platform or the Services 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 the control of Sirider.
XII. LIMITATION
OF LIABILITY
1. The
Company is not liable to the Captain, for any condition, suitability, quality,
merchantability and fitness for any purposes in respect of the Platform or the
Services provided through the Platform and is not liable for any civil,
criminal, tortious, or any other liability, that may accrue as a consequence of
the use and access of the Platform.
2. To the
extent permissible under applicable laws, the Company is not liable for any
civil, criminal, tortious, or any other liability, that may accrue as a
consequence of the breach by the Captain: (a) of the applicable laws in respect
of the use of the Platform or providing the Services; (b) of the terms of the
applicable licenses and permits that are issued by the transport authorities;
(c) of the terms of these T&Cs; or (d) of the duty of care the Captain owes
to the users of the Platform.
3. The
Company is not responsible for the behaviour, actions or inactions of the
Captain or, quality of the Vehicle. Any contract for the provision of Vehicle
is exclusively between the customer and the Captain and the Company is not a
party to the same.
4. 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 the 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 the Services.
- IN
NO EVENT WILL SIRIDER 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.
- IN
ADDITION, AND WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT
PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SIRIDER’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/-.
XIII.TERMINATION
1. Company
is entitled to terminate these T&Cs at all times and with immediate effect,
at its sole discretion, (by disabling the Captain’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;
b. If the
Captain, in the opinion of the Company, misuses the Platform;
c. If the
Captain is non-compliant with the requirements under applicable laws;
d. Failure
to verify or authenticate Captain Information;
e. Any
action or omission by the Captain which can cause legal or contractual
liability for Sirider including but not limited to fraudulent conduct, customer
complaints, continuous unsatisfactory reviews by merchants or the users,
misconduct, negligence, and all other actions specifically prohibited under
applicable laws;
f. Where,
in their opinion, continuance of the Services of Captain is detrimental to the
business interest of Sirider due to the acts of the Captains, such as the
following:
1. Misbehaviour,
rude behaviour with the staff of Sirider, customers or any other persons
associated with the Sirider or any other persons;
2. Any
acts involving criminal offence punishable under law, including physical
assault, threatening any of the staff of Sirider, person associated with Sirider,
customers or any other persons;
3. Concealment
of fact/material information while entering into a contract with Sirider;
4. Poor or
irregular at work, meetings and failure to abide by the rules/terms of the
T&Cs or other applicable policies / SOPs notified by Sirider;
5. Being
Drunk / under the influence of drugs or other illegal substances, while
providing the Services and unruly/drunken behavior. Sirider has a zero
tolerance policy in respect of use of drugs or alcohol by any Captain;
6. Commission
of fraud/ misappropriation/embezzlement for undue monetary gain, or any act
which is against the interest of the Sirider;
7. Negligence
in performing the duty, causing damage of moveable and immoveable assets of Sirider,
its employees, customers or any other persons;
8. Indulging
in spreading content through digital media, social networking sites, or any
other form, which could be detrimental to Sirider’s brand and its image /
reputation;
9. Indulging
in acts such as creating ruckus/ strike/ or any activity against Sirider, which
could be detrimental to the Sirider’s brand and its image/ reputation;
10. Indulging
in unauthorized disclosure of Confidential Information of Sirider to external
agency, person, or organization;
11. Misuse
of assets provided by Sirider and welcome kits, which could be detrimental to
the interest of Sirider’s brand and its image / reputation;
12. Absconding
for more than 4 hours with any asset, delivery item, money or any other
valuable item belonging to Sirider, its employees, customers or other staff
member(s);
13. Failure
to abide by any of the rules and guidelines given by Sirider as part of Service
quality standards and principles;
14. Doing
any act unbecoming of a Captain; or
15. In case
the background check, whether wholly or partially, is found negative at any
point of time during the term of these T&Cs.
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.
1.Sirider or Captain may
terminate these T&Cs by providing 7 days’ written notice to the other
party.
2. Sirider,
in addition to its right to terminate these T&Cs, in its sole discretion
reserves the right to legally prosecute the Captain immediately, if there is
reason to believe that the Captain has indulged in any fraudulent activity or
contravened the T&Cs of the Platform or violated any applicable laws and Sirider
will not be responsible for any consequences to the Captain arising from the
same.
3. Upon
termination:
a. Captain
will stop accessing the Platform and offering the Services;
b. Sirider
will settle all outstanding dues accrued to the Captain subject to deductions /
set off of any amount owed by the Captain to Sirider;
c. Captain
will return all property and materials including confidential information
belonging to Sirider; and
d. Captain
will cease holding out as a service provider integrated with or connected with Sirider
in any manner.
XIV. 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 XIV.3, the parties hereby submit to the
exclusive jurisdiction of the courts of Hyderabad, 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 and Telugu language only
and the seat for arbitration will be Hyderabad, India.
6. The
award of the arbitral tribunal will be final and binding.
XV. ASSIGNMENT
The Captain may not assign its rights or
obligations under these T&Cs without prior written approval of the Company.
The Company may assign any of its rights and obligations to its affiliates or
third parties without prior consent or notice.
XVI. AMENDMENT
These T&Cs may be amended from time to time and as and when
required, at the sole discretion of the Company. If Sirider makes any changes
to these T&Cs
that it deems to be material, Sirider 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
XVII. SEVERABILITY
If any provision or any part of a provision of
these T&Cs is invalid, unenforceable or prohibited by applicable laws of
the Republic of India , such provision or part of provision will be severed
from these T&Cs and will be considered divisible as to such provision or
part thereof and such provision or part thereof will be inoperative and will
not be part of the consideration moving between you and the Company hereto and
the remainder of these T&Cs will be valid and binding and of like effect as
though such provision was not included herein.
XVIII. INSURANCE
The Company at its sole discretion may insure
the Captain against any accident suffered by the Captain during provision of
Services by the Captain using the Platform. The Company reserves the right to
recover any amount paid by the Company in lieu of the insurance from the
Captain
XIX. 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 Captain’s address on
record in the Company’s account information.
2. Captain
needs to send any notice at email id: captaincare@Sirider.bike.
XX. 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: shoutout@Sirider.bike
Any complaint, dispute or grievance in
relation to the Services or the Platform should be addressed to Sirider as
given below. Such complaint, dispute or grievance will be handled as per applicable
laws.
Grievance Officer: Doulanna
e-mail: anna@Sirider.bike
Address Plot No 5, 2nd Floor YSR Circle Gudsov Complex, Dharur V M Jogulamba
Gadwal (Mahbubnagar ) Telangana TG 509125 IN .