Service Level Agreement (SLA)
1.Before using the online taxi stand website or application, please read this service level agreement and understand it. If you use our mobile apps or continue to browse our website, you agree to abide by the terms of our Service Level Agreement, which is the legal contract between you, the "taxi owner or taxi driver," and onlinetaxistand, DASILA TECHNOLOGY PRIVATE LIMITED Pithoragarh, Uttarakhand-262551.
2.The following agreement has been reached between the parties:
The "Taxi owner/ Taxi Driver " acknowledges and agrees that the online taxi stand is merely a technological platform for advertising taxi services. It makes no promises or guarantees about bookings or lead generation.
3.The "Taxi owner/ Taxi 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.Definitions4.1Taxi owner or taxi driver refers to a taxi owner or taxi driver who: (a) is authorised by the online taxi stand to access the online taxi stand's services in order to advertise taxi services; and (b) is authorised by the online taxi stand to advertise taxi services.
4.2"Users" means a customer end user who is not a minor (under the age of 18) of the online taxi stand's various applications, such as the website and mobile application, for the purpose of obtaining transportation services advertised by a taxi driver or taxi owner on the online taxi stand platform. 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 the 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 the user's parent or legal guardian has granted consent.
4.3"Vehicle" means any vehicle owned, leased, or hired by the Taxi owner or taxi driver that: (a) is owned, leased, or hired by the taxi owner or taxi driver.
5. User-taxi owner or taxi driver relationship(Relationship between the taxi owner or taxi driver and the user).
The taxi owner or driver is liable for any fines resulting from breaking any current laws. The taxi owner or driver agrees that an online taxi stand may release or disclose the taxi owner's or driver's contact information to the user in response to a reasonable request from the user.
Any and all liability, including but not limited to any legal liability, accidents, death, injuries, and other claims, that arise from or are alleged to arise from the operation of the vehicle during such a trip will be solely the responsibility of the taxi owner or the taxi driver.
5.2 The taxi owner or taxi 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. The online taxi stand shall not be liable in any way for any dispute that may arise between the Taxi owner or taxi driver and the User.
6. Relationship between a taxi owner or a taxi driver and an online taxi stand.6.1 The taxi owner or driver acknowledges and agrees that the provision of various applications and services by an online taxi stand to the taxi owner or driver (such as a website, mobile app, calls, and so on) results in a legal and direct business relationship between the online taxi stand and the taxi owner or driver. Nothing in this agreement should be read as establishing a partnership, agency, or joint venture between the online taxi stand and the taxi owner or driver.
Also, the taxi owner or driver agrees and acknowledges that it is the taxi owner or driver's responsibility to verify each passenger's identity before providing transportation service in order to protect both their own safety and the safety of their passengers.It is the taxi owner's or driver's responsibility to settle any disputes that might come up between passengers in a shared ride.
6.2 For any reason, the taxi owner or taxi driver 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 taxi owner or taxi driver, 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 taxi owner's or taxi driver's business operations, transportation services, or the acts or omissions of the Driver in the operation and maintenance of any Vehicle. The taxi owner or taxi driver retains sole authority over when and for how long they will use the services of an online taxi stand.
6.3 The taxi owner or taxi driver has 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.
6.4 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 taxi owner or taxi driver that causes harm to online taxi stand's brand, reputation, or business, as determined by online taxi stand in its sole discretion.6.5 Online taxi stand also reserves the right, at its sole and reasonable discretion, to deactivate or otherwise restrict taxi owner or taxi driver 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 taxi owner or taxi driver.
6.6 Taxi owner or driver agree and acknowledge that their driver's or taxi owner's name, contact number, image, vehicle, vehicle image, vehicle number, type of vehicle, route, timing, and so on will be shared on the online taxi stand web and app. The taxi owner and driver have no objections and accept sole responsibility for it.Online taxi stand will not be held liable for any misuse of their information.
7. Relationship of the taxi owner with the Drivers7.1 The taxi owner 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). The taxi owner 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). The taxi owner 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 the taxi owner shall ensure that the Driver complies with all applicable laws.
7.2 The taxi owner 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 Prerequisites8.1 The taxi owner or taxi driver 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 Prerequisites8.2.The taxi owner or taxi driver 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 The taxi owner or taxi driveror otherwise in The taxi owner or taxi driver'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 taxi owner or taxi driver is solely liable for any costs incurred as a result of mechanical failure while using the Vehicle to provide services. The Driver shall be responsible for notifying the taxi owner or taxi driver 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 documentation8.3.1 To ensurethe taxi owner or taxi driverand each of its Drivers' compliance with all requirements in the preceding sections, The taxi owner or taxi driver must provide written copies/ electronic copies of all such licences, permits, approvals, authority, registrations, and certifications prior to the taxi owner or taxi drivers and the applicable Drivers' provision of any transportation's services. The taxi owner or taxi driver must then submit written evidence/electronic 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 the taxi owner or taxi driver'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 fees9.1By agreeing to this agreement, the taxi owner or taxi driver agrees to the following subscription and payment and Cancellation policies:
9.2 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. Only after paying the subscription and registration fees will the taxi owner or taxi driverbe able to access the online taxi stand platform.
10. Policy on CancellationsIf you request cancellation within 24 hours of subscribing to the package, we will cancel your order. The cancellation request must be made at cancellations@onlinetaxistand.com using your email ID and phone number from the registration process, or by calling us at +918884149871.
11. Refund Policy:All subscription packages include a 7-day trial period, after which you can subscribe to the package of your choice. There are two subscription packages, one month or three months.
After 24 hours of subscribing to a one-month package, there will be no refund.
If you subscribe to a one-month package but do not like it within 24 hours, you can request cancellation. And you will receive a full refund within 10 working days.
If you subscribe to a three-month package but do not like it within 24 hours, you can request cancellation. And you will receive a full refund within 10 working days.
If you sign up for a three-month package but don't like it after 24 hours, you can cancel. you will receive a two-month refund within 10 working days.
If you sign up for a three-month package but don't like it after the first two months, you can cancel it before the third month begins. You will also receive a one-month refund within 10 working days.
A Refund Request will be considered valid only if it is submitted via email to cancellations@onlinetaxistand.com or by phone to +918884149871. within 24 hours of signing up for the package
Refunds will be made to bank accounts within 10 working days of receiving notification via email or phone.
11.1 Online taxi stand reserves the right to change the subscription fee at any time without notice to its taxi owner or taxi driver or anyone else.
11.2 Registration: Small one-time non-refundable registration fees are charged by online taxi stands.
12. Intellectual Property (IP)12.1The online taxi stand is the sole owner of the online taxi stand logo, the online taxi stand website, the online taxi stands mobile application, the online taxi stand data, and all other related intellectual property rights. The taxi owner or the taxi driver are not granted any rights by this agreement or by using the online taxi stand services, its various applications, or online taxi stand data.
(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.
Additionally, the taxi owner or the taxi driver acknowledges online taxi stand rights in its online taxi stand family of trademarks and names, including online taxi stand, both by itself and in combination with other letters, punctuation, words, symbols, and/or designs. It is agreed that neither the taxi owner nor the taxi driver will, nor will it allow any of its drivers to, attempt to register or otherwise assert ownership in any of the online taxi stand marks and names, whether alone or in combination with other letters, punctuation, words, symbols, and/or designs, or in any confusingly similar mark or name. Owners of taxis, drivers, and/or drivers are not permitted to
(i) reproduce, modify, or create derivative works of online taxi stand applications; (ii) decompile, reverse engineer, or otherwise misrepresent the functionality of online taxi stand services, unless expressly authorised by online taxi stand.
13.Term13.1This agreement shall begin on the date that taxi owner or taxi driver executes the agreement in any format (electronically or otherwise) and shall continue until terminated as set forth herein.
13.2 A service level agreement will be applied and valid if the driver, taxi owner, or others create a profile for the driver, taxi owner, with their approval to use the online taxi stand platform.
Note:Online taxi stand does not call, email, or send payment links to anyone for payment; if you make a payment and someone else requests it, you will be responsible for the full amount; online taxi stands should not be held liable for any payments made outside of their platform. Online taxi stand only accept payments through the payment gateway, which is connected to our website and app, respectively. To pay us, you must first subscribe to the package via our online platform.
14.Termination14.1Either 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 taxi owner or taxi driver and/or any Driver in the event taxi owner or taxi driverand/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.Indemnitytaxi owner or taxi driveragrees 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.Jurisdiction16.1The 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.
(16.2) 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 Indemnity17.1 (i) 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.
17.2 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).
17.3 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.