Service Level Agreement (SLA)
1. Please read and comprehend this service level agreement before using the online taxi stand website/application. If you continue to browse and use our website and mobile apps, you agree to comply with and be bound by the Service Level Agreement that governs the relationship between onlinetaxistand, [DASILA TECHNOLOGY PRIVATE LIMITED Pithoragarh road, Didihat, Pithoragarh Uttarakhand-262551, hereinafter "onlinetaxistand," and you, hereinafter "Vendor/Driver/taxi operator/driver cum owner."
2.The parties hereto have reached the following agreement:
The "Vendor/Driver" acknowledges and agrees that the online taxi stand is merely a technological platform for searching for taxis on the internet. It makes no promises or guarantees about bookings or lead generation.
3. The "Vendor/Driver" and the "Online Taxi Stand" mutually agree to be bound by the following terms and conditions set forth (electronic or otherwise) in this Agreement.
4. Definitions
4.1"Driver" refers to a driver cum owner/taxi service provider who: (a)is authorised by online taxi stand to access the online taxi stands services in order to provide transportation services; and (b)is authorised by online taxi stand to provide transportation services.
4.2"Users" means a customer end user, who is not a minor (under the age of 18), of online taxi stand's various applications, such as the website, mobile application, and call centre numbers, for the purpose of obtaining transportation services offered by online taxi stand's transportation "Vendor/Driver." If the User is under the age of 18 (eighteen) years, he or she must read these terms with their parent or legal guardian, and these terms will be deemed to be a contract between online taxi stand and the User's legal guardian or parent, and will be enforceable against the User to the extent permitted by applicable laws. We reserve the right, on an individual basis, to request documented proof that User's parent or legal guardian has granted consent.
4.3"Vehicle" means any vehicle owned, leased, or hired by the Vendor that: (a) is authorised by an online taxi stand for use by a Driver for the purpose of providing transportation; or (b) is owned, leased, or hired by the Vendor.
5) User-Vendor/Driver Relationship
5. Relationship between the vendor/driver/taxi service provider and the user.
5.1 The Vendor/driver cum owner/taxi service provider acknowledges and agrees that the provision of transportation services to Users creates a legal and direct business relationship between Vendor and the User, to which online taxi stand is not a party, and that online taxi stand is not responsible or liable for the actions or inactions of the User in relation to the activities of Vendor, its Driver, or any Vehicle. Vendor shall be solely liable for any obligations or liabilities incurred by Users or third parties as a result of its provision of transportation services on the online taxi stand platform.
Vendor acknowledges and agrees that they and their Drivers are solely responsible for taking reasonable and proper precautions (including maintaining adequate insurance and necessary papers that comply with all applicable laws) in the event of any acts or omissions by a user or third party. The vendor/driver is solely responsible for not having the necessary vehicle papers and details, as well as any consequences, including fines, penalties, damages, and so on.
Vendor/Driver shall bear all costs for failing to comply with any law in effect at the time. Vendor acknowledges and agrees that online taxi stand may release / disclose Vendor and/or Driver contact and/or insurance information to a User upon such User's reasonable request. Unless specifically consented to by a User, neither Vendor nor Driver may transport or allow individuals other than a User and any individuals authorised by such User inside any Vehicle during the performance of Transportation services for such User. Vendor acknowledges and agrees, and shall ensure that its Drivers agree, that all Users must be transported directly to their specified destination, as directed by the applicable User, with no unauthorised interruptions or stops.
The Driver will be solely liable for any and all liability resulting from or alleged to result from the operation of the vehicle during such Trip, including but not limited to any legal liability, accidents, injuries, death, and so on.
5.2 The Vendor/Driver is free to take any action against the User if a dispute arises between them, including but not limited to misbehaviour, destroying or damaging the vehicle, non-payment of the agreed amount, and so on. online taxi stand shall not be liable in any way for any dispute that may arise between the Vendor/Driver and the User, and the parties shall indemnify online taxi stand. At its sole discretion, online taxi stand shall assist the Vendor/Driver in any reasonable manner at any level.
6. Taxi owner/driver/service provider from the vendor Connection with an online taxi stand
6.1 Vendor acknowledges and agrees that the provision by online taxi stand to Vendor of various applications (such as a website, mobile app, calls, and so on) and services by online taxi stand creates a legal and direct business relationship between online taxi stand and Vendors. Vendor shall be an independent contractor of online taxi stand, and nothing in this agreement shall be construed to create any agency, partnership, or joint venture relationship between online taxi stand and Vendor.
For any reason, the Vendor shall not represent the same to any third party. The online taxi stand is not and shall not be considered to be in direct control of the Vendors or its Drivers in general, or of their performance under this agreement in particular. The online taxi stand has no interest in any of the Vendor's business operations, transportation services, or the acts or omissions of the Driver in the operation and maintenance of any Vehicle. Vendors and Drivers retain sole authority over when and for how long they will use the services of an online taxi stand.
Vendors and drivers have the option to enter into a contract with online taxi stand or to leave it; however, if they choose to leave, they forfeit all rights to use the name of online taxi stand in any way or to use any such information, logo, or nameplate to indicate that they are still connected with online taxi stand. The Vendors entering into this contract with online taxi stand retain the full right to provide transportation services to its existing customer Users; however, the terms of this contract will be valid only if the Vendor or the Vendor's Driver uses the leads provided by various online taxi stand applications.
online taxi stand reserves the right, in its sole discretion, to deactivate or otherwise restrict customer Users or any Driver from accessing or using the services of online taxi stand in the event of a violation of this agreement, or by any act or omission of the Vendor or the Driver that causes harm to online taxi stand's brand, reputation, or business, as determined by online taxi stand in its sole discretion.
online taxi stand also reserves the right, at its sole and reasonable discretion, to deactivate or otherwise restrict Vendor or any Driver from accessing or using the services or the various applications of online taxi stand, as well as to recover damages from the Vendor.
7. Relationship of the Vendor with the Drivers
7.1 Vendors shall be solely liable to Drivers for any obligation or liability arising from its relationship with its Drivers (whether as agent, employee, contractor, or otherwise), including but not limited to (including provisions of transportation services). Vendors acknowledges and agrees that it has sole control over the Drivers and will comply with all applicable laws governing or otherwise applicable to its relationship with the Drivers (including tax, social security, insurance, and employment laws, among others). Vendor acknowledges and agrees that it is always responsible and liable for its Drivers' actions and omissions in relation to Users and the online taxi stand, and Vendor shall ensure that the Driver complies with all applicable laws.
7.2 A Vendor acknowledges and agrees that: (a) after receiving transportation services, a User will be prompted by online taxi stand's various applications to provide a rating of such transportation services and Driver, as well as, optionally, comments or feedback about such transportation services and Driver; and (b) after providing transportation services, the Driver may be prompted by online taxi stand's various applications, as well as, optionally, comments or feedback about such transportation services and Driver. All Drivers must be instructed by the online taxi stand to provide ratings and feedback in good faith.
8. Requirements for Drivers and Vehicles
8.1 Driver Prerequisites
8.1 Vendors acknowledge and agree that each Driver must always:
(a)have and keep (i)a valid Driver's licence with the appropriate level of certification to operate the Vehicle assigned to such Driver, and (ii)all licences, permits, approvals, and authority applicable to customer and/or driver that are required to provide passenger transportation services to third parties in the territory; and (iii)a valid third party insurance and a valid pollution certificate.
(b)Have the necessary and current training, expertise, and experience to provide transportation services in a professional manner with due skill, care, and diligence; he should dress neatly and cleanly and maintain good hygiene; and
(c)wear a mask, maintain social distance, keep sanitizer, and regularly sanitise the vehicle, particularly the door handles, dashboard, gear shifter, key fob, steering wheel, and external touch points; and follow all government guidelines for COVID-19 prevention.
8.2 Vehicle Prerequisites
8.2.Vendors acknowledge and agree that each Vehicle must be: (a) properly registered and licenced to operate as a passenger transportation vehicle in the territory; (b) owned or leased by Vendor or otherwise in Vendor's lawful possession; (c) suitable for performing the passenger transportation services contemplated by this agreement; and (d) maintained in good operating condition, consistent with industry safety and maintenance standards for a Vehicle
The Vendor is solely liable for any costs incurred as a result of mechanical failure while using the Vehicle to provide services on the online taxi stand platform. The Driver shall be responsible for notifying the Vendor in the event of such mechanical failure during normal usage, and the online taxi stand shall bear no responsibility for the same.
8.3 Supporting documentation
8.3.1 To ensure Vendor and each of its Drivers' compliance with all requirements in the preceding sections, Vendors must provide written copies of all such licences, permits, approvals, authority, registrations, and certifications prior to Vendor's and the applicable Drivers' provision of any transportation's services. Vendors must then submit written evidence of all such licences, permits, approvals, authority, registrations, and certifications to the online taxi stand as they are renewed.
On demand, the online taxi stand shall be entitled to review such licences, permits, approvals, authority, registrations, and certifications, and Vendor's failure to provide or maintain any of the foregoing shall constitute a material breach of this agreement. online taxi stand reserves the right to independently verify customer's and/or any Driver's documentation at any time and in any way it deems appropriate in its reasonable discretion, and the charges incurred as a result are not refundable or adjustable.
9. Payment terms/subscription fees
9.1By agreeing to this agreement, Vendor agrees to the following subscription and payment policies:
9.1.1 The online taxi stand reserves the right to modify its subscription policy at any time. In particular, at its sole discretion, online taxi stand may introduce new services and modify some or all of the existing services offered on the online taxi stand platform. In such an event, online taxi stand reserves the right to charge fees for new services or to amend/introduce fees for existing services. All payments must be made in Indian rupees, which are legal tender in the Republic of India.
10. Only after paying the subscription and registration fees will the driver/taxi service provider be able to access the online taxi stand platform.
10.1 Online taxi stand reserves the right to change the subscription fee at any time without notice to its vendor, driver/taxi service provider, or anyone else.
11. Registration: Small one-time non-refundable registration fees are charged by online taxi stands.
12. Intellectual Property (IP)
12.1The online taxi stand services, logo, website/application, and data, as well as all other intellectual property rights therein, and the online taxi stand devices, are and shall remain the property of online taxi stand. Except for the limited licence granted above, neither this agreement nor Vendors' use of the online taxi stand services, its various applications, or online taxi stand Data conveys or grants Vendor any rights: (a) in or related to the online taxi stand services, its various applications, or online taxi stand Data; or (b) to use or reference in any manner online taxi stand's company names, logos, product and service names, trademarks, service marks, or other indicia of ownership.
Furthermore, Vendor acknowledges rights in its online taxi stand family of trademarks and names, including online taxi stand, both alone and in combination with other letters, punctuation, words, symbols, and/or designs. Vendor agrees not to register or otherwise claim ownership in any of the online taxi stand marks and names, alone or in combination with other letters, punctuation, words, symbols, and/or designs, or in any confusingly similar mark or name, and will ensure that its Drivers do not do so. Except as expressly permitted by online taxi stand, Vendor and/or Driver shall not I reproduce, modify, or create derivative works of online taxi stand applications; or (ii) decompile, reverse engineer, or disassemble online taxi stand services.
13. Term
13.1 This agreement shall begin on the date that Vendor executes the agreement in any format (electronically or otherwise) and shall continue until terminated as set forth herein.
14. Termination
14.1Either party may terminate this agreement: (a) without cause at any time by giving the other party seven (7) days' notice; or (b) immediately and without notice for the other party's material breach of this agreement.
or (c) immediately, without notice, if the other party becomes insolvent or bankrupt, or if the other party files or submits a request for suspension of payment (or similar action or event) against the terminating party. Furthermore, online taxi stand may terminate this agreement or deactivate customer or a specific Driver immediately, without notice, with respect to Vendor and/or any Driver in the event Vendor and/or any Driver, as applicable, no longer qualifies to provide transportation services or operate the Vehicle under applicable law or the standards and policies of online taxi stand, or as otherwise set forth in this agreement.
15. Indemnity
Vendor/Driver agrees to indemnify and hold harmless online taxi stand and its officers, directors, employees, and agents from and against any and all claims, demands, losses, liabilities, and expenses (including attorneys' fees) arising out of or related to:
your use of services or goods obtained as a result of using services
Your violation of the rights of any third party, including Third Party Providers, is a breach or violation of any of these Terms.
16. Jurisdiction
16.1The terms shall be construed in accordance with Indian law, and the parties hereby submit to the exclusive jurisdiction of the courts of Uttarakhand, India for the resolution of any disputes arising in connection with the terms of this agreement. Any dispute, claim, or controversy arising out of or relating to these Service Lever Agreement, or the breach, termination, enforcement, interpretation, or validity thereof, or the use of the Site, the Service, or the Application (collectively, "Disputes"), the parties shall attempt to settle the same amicably, through negotiation and consultation at such online taxi stand offices as online taxi stand may designate.
If the dispute is not resolved internally after at least 30 (thirty) days of good faith negotiation, it shall be subject to binding and final arbitration in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time, or, if the Arbitration and Conciliation Act, 1996 is no longer in force, in accordance with any law relating to arbitration in force at the time of such reference. Each party to the dispute must appoint an arbitrator, and the two arbitrators must appoint the third or presiding arbitrator. The arbitration will take place in Nainital, Uttarakhand, India. Subject to the foregoing, any Dispute will be resolved exclusively by the courts of Nainital, Uttarakhand, India.
17. Disclaimer, Liability Limitation, and Indemnity
Online taxi stand provides its services, content, and any third-party content "as is" and "as available" without warranty of any kind, express, implied, statutory, or otherwise, including implied warranties of title, non-infringement, merchantability, or fitness for a particular purpose. Without limiting the foregoing, online taxi stand makes no warranty that I the website or services will meet your needs or that your use of the website or services will be uninterrupted, timely, secure, or error-free.
(ii) the outcomes of using the website or services will be effective, accurate, or reliable; (iii) the quality of the website or services will meet your expectations; or (iv) any errors or defects in the website or services will be corrected. No advice or information, whether oral or written, obtained by you from the online taxi stand, the website/content, or the use of the services shall create any warranty not expressly stated in this agreement.
Even if online taxi stand has been advised of the possibility of such damages, online taxi stand shall not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, whether based on contract, tort, negligence, strict liability, or otherwise, including lost profits, lost data, personal injury, or property damage related to, in connection with, or otherwise resulting from any use of the services. online taxi stand is not liable for any damages, liabilities, or losses resulting from:
I your use or reliance on the services, or your inability to access or use the services; or (ii) any transaction or relationship you have with a third party, even if online taxi stand has been advised of the possibility of such damages. online taxi stand shall not be liable for any third-party or organization's delay or failure to perform services. In no event shall online taxi stand's total liability to you in connection with the services exceed rupees 100 for all damages, losses, and causes of action (inr 100).
You agree to indemnify, defend, and hold harmless online taxi stand, including its directors, employees, and agents, from and against any and all losses, liabilities, claims, damages, costs, and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by online taxi stand that arise out of, result from, or may be payable as a result of any breach or non-performance of any representation, warranty, covenant, or agreement. The indemnities will continue to apply after you stop using the website or online taxi stand services.
18. Grievance Officers.
The name and contact information for the Grievance Officer are provided below in accordance with the Information Technology Act of 2000 and the rules made thereunder: Team of Compliance You can write to us at the following address: DASILA TECHNOLOGY PRIVATE LIMITED PITHORAGARH ROAD, DIDIHAT, PITHORAGARH UTTARAKHAND-262551. COMPLIANCE@ONLINETAXISTAND.COM IS THE EMAIL ADDRESS.