Terms & Conditions

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AUTO DRIVER TERMS AND CONDITIONS
EFFECTIVE FROM MARCH, 7 2018

THIS DOCUMENT IS an ELECTRONIC RECORD IN TERMS of information TECHNOLOGY ACT, 2000 AND RULES under it AS APPLICABLE and the PROVISIONS referring to ELECTRONIC RECORDS IN varied STATUTES AS AMENDED BY the information TECHNOLOGY ACT, 2000. THIS ELECTRONIC RECORD IS GENERATED BY AN automatic data processing system AND doesn't need ANY PHYSICAL OR DIGITAL SIGNATURES. BY CLICKING ON THE “I ACCEPT” BUTTON ON THIS ELECTRONIC CONTRACT, you're consenting TO BE certain BY THIS SUBSCRIPTION AGREEMENT alongside the various EXHIBITS connected TO THE SUBSCRIPTION AGREEMENT. PLEASE make sure that YOU browse AND UNDERSTAND ALL THE PROVISIONS OF THIS SUBSCRIPTION AGREEMENT AND EXHIBITS BEFORE you begin using THE PORTAL, AS YOU SHALL BE bound BY ALL THE TERMS HEREIN UPON CLICKING ON THE “ACCEPT & CONTINUE” BUTTON ON THIS ELECTRONIC CONTRACT. IF you do NOT settle for ANY OF THE TERMS CONTAINED HEREIN, THEN PLEASE don't USE THE PORTAL OR AVAIL ANY OF THE SERVICES BEING PROVIDED in that. YOU’RE AGREEMENT TO THE SUBSCRIPTION AGREEMENT SHALL OPERATE AS A BINDING AGREEMENT BETWEEN YOU AND OXY cabs IN RESPECT OF THE SERVICES OF THE PORTAL.

IT IS hereby EXPRESSLY clarified THAT THE PROVISIONS OF THIS SUBSCRIPTION AGREEMENT won't APPLY TO YOUR SERVICES PROVIDED FOR ‘OXY CORPORATE’ I.E., ARRANGEMENTS ENTERED INTO BY OXY WITH numerous corporate ENTITIES.

This Agreement is made between OXY Cabs Private Limited, a company registered under the Companies Act, 2013 and having its corporate office at Ward No. 11, Mittal Colony Behind Power House, Kishangarh, Ajmer, Rajasthan – 305801, India (hereinafter referred to as “OXY Cabs” which expression shall mean and include its representatives, successors-in-office, Affiliates and assigns) on the ONE PART; AND A transport service provider who is a driver, willing to list herself/himself and her/his vehicle on The Portal, details of the same can be referred in Exhibit A (“Vehicle(s)”), with the agenda of Providing transportation services through her/his Vehicle(s) to the users of the Portal. The driver Has denoted the fulfillment of all the eligibility criteria by the transport service provider, annexed hereto as Exhibit D. The transport service provider must agree upon all the applicable laws for the provision of transport services through the Portal.

(hereinafter referred to as the “Transport Service Provider”) of the OTHER PART.

OXY Cabs and the Transport Service Provider shall hereinafter individually be referred to as “Party” and collectively as “Parties”. Exhibits ‘A’, ‘B’, ‘C’ and ‘D’ are collectively referred to as ‘Exhibits’.

Whereas OXY Cabs Private Limited owns and operates an online transport service providing the market place called “OXY Cabs” an online cab booking platform. OXY Cabs will monitor and upgrade any other relevant software that enables the usage of an application or other such URL’s that are provided explicitly OXY Cabs (Portal) that manages the cab services providers and motor cabs registered with it, at regular intervals.

AND WHEREAS on the basis of the representations and warranties provided by the Transport Service provider, OXY has in agreement to list the Transport Service provider and the Vehicle(s) on the Portal (“Service provider App”) to enable the Transport Service provider to provide transport services (“Transport Services”) through ‘Service Provider’s App’ in accordance with the terms and conditions as hereinafter provided.

The majority of the capitalized terms in these AUTO Driver T&C will have the significance allotted to them in this beneath.

“Acceptance " signifies your positive response of clicking on the box against "I Accept" gave toward the end of these Driver T&C, by which activity, you unequivocally acknowledge the Driver T&C and any changes thereof.

“Account” alludes to the account made by OXY at its sole discretion, for the Driver ensuing to the Driver submitting and OXY confirming the Registration Data " Applicable Laws" shall mean and incorporate all applicable statutes, authorizations, demonstrations of the legislature or the Parliament, laws, ordinances, rules, by-laws, guidelines, warnings, rules, approaches, directives, orders and requests of any Governmental specialist, council, board, or a court, in India.

“Content” shall have the meaning given to it in 4.1.

"Booking" shall mean the acknowledged Service Request.

"Business Day" signifies a day on which banks are open for business.

“Cancellation Fee” shall mean the fare payable by the Customer towards cancellation of a Booking made by a Customer.

“Commercial Term Segment" will mean Exhibit B of the Driver T&C, which contains the business terms for auto rickshaw taxi Service given by the Drivers.

"Content" will have the significance given to it in 4. 1.

“Customer " will mean such individual, who puts a Service Request on the Portal and has acknowledged the Customer Terms of Use and Privacy Policy of the Portals (as appropriate).

“Customer’s Terms of Use” shall mean the Customer Terms and Conditions as provided on the OXY Portal for availing the Service.

“Customer’s Terms of Use" will mean the Customer Terms and Conditions as given on the OXY Portal to availing the Service.

“Device " will mean the device as the Driver claimed cell phone meeting the particular prerequisites of OXY brought by the Driver at the season of Registration for establishment of the firmware technology by OXY so as to enable the Driver to play out the Service and just if the setting requires, device will likewise incorporate the cell phones given by OXY to the Driver or the Financed Devices.

"Driver" or "You" or "Your" or "Yourself" will mean a person, who has an Account with OXY.

"Auto App" signifies the electronic interface on the OXY Portal from where the Driver's Account is open to the Driver.

"Driver Proceeds" shall mean the net amount receivable by the Driver after derivation of OXY's convenience fee or access fee, assuming any and such different amounts as might be given in the Commercial Terms Segment or notified generally.

“Fare " will mean the sum as reflected in the pre-installed government endorsed meter after the completion of the Service or sum as reflected in the private auto rickshaw meter i.e., the Device/OXY Device/Financed Device, wherever relevant.

“Force Majeure" shall have the significance given to in Clause 16.4.

"Financed Device" will mean a device gave and financed by some other outsider financer to a willing Driver handling on the online platform of OXY as further set out in the Facilitation Agreement read with a Confirmation Letter from the Driver.

"Data/information" will mean the details outfitted by the Driver for registration on the Portal and successful creation of an Account.

"OXY" or "We" or "Us" or "Our" Shall mean OXY Private Limited an organization incorporated under the Companies Act 2013, having its corporate office at Ward No. 11, Mittal Colony Behind Power House, Kishangarh, Ajmer, Rajasthan – 305801, India which expression shall, unless it be repugnant to the context or meaning thereof, be deemed to mean and include all its successors, affiliates and permitted assigns.

Parties " will mean, together, the Driver and OXY and “Party " will allude to any of them.

“Portal " will mean such highlights of the OXY mobile application claimed and constrained by OXY and different URLs as might be determined by OXY every now and then, on which Drivers are allowed to give Service.

"service/Administration" signifies the service of picking a Customer from the pickup point as incited on the Device/OXY Device and dropping the Customer at the drop point entered by the Customer at the placing his/her Service Request and acknowledged by the Driver.

“Service Fee" will mean the Fare and Convenience Fee or Access Fee.

“Service Request" signifies a request put by the Customer on the Portal to profit the auto rickshaw Service offered by the Driver.

“OXY Policies” means the “Privacy Policy” & such other policies (including any amendments thereof), which OXY may issue and make applicable to Driver from time to time and make available to the Driver on the Driver’s request.

"Term" signifies the period initiating from the date of acknowledgment of the Driver T&C by the Driver up to the date of the end of the Driver T&C.

"Terms and Conditions" or "Driver T&C" alludes to these Driver T&C, as might be revised from time to time.

"Total Ride Fare" will mean the aggregate sum payable by a Customer.

"Vehicle" will signify 'Motorcabs' as characterized under the Motor Vehicles Act, 1988.

"Wallet" will mean the prepaid payment instruments accessible for installments in the OXY Portal.

"Zero Tolerance Policy" will mean the strategy of OXY as point by point under Exhibit A to these Driver T&C, as might be changed every now and then.

1. SCOPE AND OBLIGATIONS

1. The execution of this Agreement and providing the main points in Exhibit A (hereinafter cited as “Registration Data”) shall impact in the registration of the Cab Service provider and the Vehicle(s) with OXY and shall make the Cab Service provider eligible for an online account on the Service Provider’s App (“Account”) for providing Transport Services through the Service Provider’s App.

2. The Transport Service provider and Vehicle(s) registration with OXY shall at all times be subject to compliance with the necessities commenced in Exhibit D and Exhibit B respectively. The Transport Service provider and Vehicle(s) registration with OXY shall additionally be subject to such alternative details and documents in respect of the Transport Service provider and therefore the Vehicle(s) as is additional totally delineate in Exhibit A. The Transport Service provider herewith understands and consents 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.

3. The Transport Service provider acknowledges and agrees that each one rights, obligations and liabilities of the Transport Service provider and OXY shall be governed in accordance with this Agreement and therefore the Transport Service provider terms and conditions available at the offices of OXY (“Transport Service provider T&C”) and, a duplicate of that is annexed as Exhibit B to the present Agreement. The Transport Service supplier herewith represents that the Transport Service supplier has a browse and understood this Agreement and therefore the Transport Service provider T&C absolutely and the terms contained in this are agreeable to the Transport Service provider.

2. DEVICE

For registration on the Service provider App, the device of such model and functionality as is also specified and notified by OXY to the Transport Service provider, more specifically commenced under the commercial Term segment in Exhibit C, could also be either provided by OXY or the Transport Service provider might bring his own device. The Transport Service provider herewith agrees that OXY Device or Non-OXY Device (both the terms defined hereunder), because the case may be, shall be switched on throughout the performance of the Service while not being any exceptions whatsoever. The provisions regarding OXY Device / Non-OXY Device shall be as commenced below-

  • Non-OXY Device: For registration on the Service provider App, the Transport Service provider might bring his own Non-OXY Device, of such model and functionality as may be specified and notified by OXY to the driver (“Non-OXY Device”). In such event, OXY will assist the Transport Service provider in installing the Service provider App within the Non-OXY Device brought by the Transport Service provider after OXY verifies that the Non-OXY Device meets the necessities and specifications as needed by OXY. OXY shall additionally instruct the Transport Service provider in the use of the Non-OXY Device in respect of the Service provider App and Portal if needed. If the Non-OXY Device is stolen, the Transport Service provider shall make sure that the Service provider App and his Account is straight away blocked, suspended or deactivated. In such event, the Transport Service provider shall approach OXY’s selected offices with a new Non-OXY Device for installation of the Service provider App in the new Non-OXY Device and charge such fee as may be determined by OXY under clause II(4) of this Agreement.

1. The Transport Service provider shall not use the Non-OXY Device for any prohibited or unlawful functions and shall use the Non-OXY Device alone in accordance with the terms of this Agreement. The Transport Service provider shall entirely be accountable and responsible for any violation of law committed by the Transport Service provider, misuse of the Non-OXY Device and misuse of the sim card used in the Non-OXY Device.

2. in the event the Service provider App isn't functioning properly on the Non-OXY The device, the Transport Service provider shall instantly deposit the Non-OXY Device only at OXY’s designated offices for any malfunctions with the Service provider App and compatibility of the Non-OXY Device with the Service provider App.

3. If the Non-OXY Device is broken and isn't serviceable because of any act or omission of the Transport Service provider, the Transport Service provider shall instantly approach solely OXY’s designated offices with a new Non-OXY Device for installation of the Service provider App on the new Non-OXY Device. In this connection, OXY might charge such fees as could also be determined by OXY for re-installation of the Service provider App in the Non-OXY Device. Additionally, the Transport Service provider might also request OXY to provide an OXY Device. If the Transport Service provider is unable to bring a replacement Non-OXY Device or acquire an OXY Device in accordance with clause II(5) below, OXY shall be entitled to terminate this Agreement besides the Exhibits with immediate effect.

  • OXY Device: For registration on the Service provider App, if the Transport Service provider doesn't have a Non-OXY Device, OXY can give a device, of such model and practicality as may be required by OXY. Further, OXY may provide different additional devices to the Transport Service provider including but not restricted to devices the usage and purposes of which will be determined and notified by OXY to the Transport Service provider from time to time. All the devices provided by OXY to the Transport Service provider shall be collectively stated as “OXY Device(s)”.

1. OXY can assist the Transport Service provider in installing the Service provider App and alternative programs together with but not restricted to software, applications, and content, as may be entirely determined by OXY, in the OXY Device(s) provided by OXY. OXY will instruct and train the Transport Service provider for use of the OXY Device(s) if needed.

2. The Transport Service provider shall not use the OXY Device(s) for any prohibited or unlawful functions including restricted to playing/watching pornographic content on the OXY Device and shall use the OXY Device(s) exclusively for purposes determined by OXY and strictly in accordance with this Agreement. The Transport Service provider shall solely be accountable and answerable for any violation of law committed by the Transport Service provider, misuse of the OXY Device(s) and misuse of the sim card provided, if any, with the OXY Device(s).

3. The Transport Service provider shall ensure that the OXY Device(s) is maintained in his possession in a very proper manner. OXY may, at its sole discretion, charge such amounts as may be determined by OXY, as non-interest bearing security, for the OXY Device(s) provided to the Transport Service provider. Further, OXY may, at its discretion, return the security quantity to the Transport Service provider at the expiration or termination of this Agreement.

4. In the case the OXY Device(s) isn't functioning properly or if there's any technical or safety issue in reference to the OXY Device(s), the Transport Service provider shall immediately deposit the OXY Device(s) only at OXY’s selected office for checking the OXY Device(s) for any malfunctions. If the OXY Device(s) is broken and isn't fixable due to any act or omission of the Transport Service supplier, the Transport Service supplier shall pay to OXY amounts, as may be determined by OXY. in order to resolve whether or not the OXY Device(s) is broken due to any act or omission of the Transport Service provider, OXY can inquire and investigate the matter within the manner determined by OXY and in this affiliation, OXY’s decision shall be final and binding. Upon payment of the preceding amount, OXY shall give the Transport Service provider with a new OXY Device(s). If the Transport Service provider is unable to pay such amount as specified above, the Transport Service provider shall return the damaged OXY Device(s) and OXY shall be entitled to terminate the Agreement with immediate impact.

5. In the event, the OXY Device(s) is misplaced by the Transport Service provider or if it's stolen from Transport Service Provider’s Vehicle, the Transport Service provider shall promptly inform OXY in writing and instantly proceed to file an FIR in the police station within the jurisdiction. Once FIR is filed, Transport Service provider shall submit the FIR copy along with amounts, as may be determined by OXY. The Transport Service provider shall absolutely cooperate with OXY and also the authorities throughout the investigation process in reference to the misplaced or stolen OXY Device(s). in the event Transport Service provider fails to file an FIR for loss of OXY Device(s) or if in OXY’s opinion, fails to cooperate with OXY and authorities, OXY shall be entitled to terminate the Agreement with immediate impact, without prejudice to OXY’s rights under this Agreement and under applicable law.

6. Upon termination of this Agreement or deactivation of your Account, the Transport Service provider shall immediately return the OXY Device(s) and in any event not later than 24 (Twenty Four) hours from the date of such termination or deactivation.

7. The Transport Service provider shall not create any lien, pledge, encumbrance or alternative third-party security interests in any manner on OXY Device(s).

8. The Transport Service provider shall be chargeable for the security and safety of the OXY Device(s).

9. The Transport Service provider shall use the OXY Device(s) with due care and caution and not do something or allow anything to be done that may cause harm to the OXY Device(s) or that's contrary to the instructions and training provided to the Transport Service provider in reference to the use of OXY Device(s).

10. OXY shall be entitled to call upon the Transport Service provider for review and examination of the OXY Device(s). On being called upon, Transport Service provider shall report back to the selected offices of OXY within 2 (2) days from the date of request from OXY. The Transport Service provider shall fully cooperate with OXY in conducting such inspection of the OXY Device(s). in the event, the Transport Service provider fails to provide the Vehicle for review within the prescribed timeline commenced in this Clause II(13) or doesn’t cooperate with OXY for review, OXY shall be entitled to take legal action under this Agreement and applicable laws.

3. LICENSE AND PROPRIETARY RIGHTS

1. License Grant: Subject to the terms and conditions of this Agreement, OXY herewith grants the Transport Service provider a limited, non-exclusive, non-transferable, non-sub licensable, non- assignable license, throughout the term of this Agreement, to the Service provider App on the Portal of OXY entirely for the aim of providing Transport Services to the Portal users and also for settlement of Fees between OXY and Transport Service provider. All rights not expressly granted to the Transport Service provider are reserved by OXY.

2. Ownership. The Portal, Service provider App and confidential information, as well as however not restricted to all intellectual property rights such as company name, logos, product and service names, trademarks, services marks or alternative indicia of ownership (“OXY Intellectual Property”), shall remain (as between the Transport Service provider and OXY) the property of OXY. Neither this Agreement, the Transport Service provider T&C nor Transport Service provider’s use of the Portal and service provider App conveys or grants to the Transport Service provider any rights: (a) in or related to the Portal and service Provider App, apart from the restricted license granted above; or (b) to use or reference in any manner OXY’s intellectual property.

3. The Transport Service supplier agrees that it shall not reproduce, transcribe or make any copies of the OXY intellectual property, in any form or manner and not copy or reverse engineer, or attempt to derive the composition or underlying info, structure or ideas of any such OXY intellectual property.

4. USER PROVIDED CONTENT.

OXY may, in OXY's sole discretion, license you occasionally to submit, upload, publish or generally make accessible to OXY through the Services printed, audio, and additionally visual content and data, including analysis and feedback identified with the Services, inception of support requests, and accommodation of entries for rivalries and promotions ("User Content"). Any User Content given by you remains your property. Be that as it may, by giving User Content to OXY, you allow OXY an around the world, never-ending, unalterable, transferrable, eminence free permit, with the privilege to sublicense, to utilize, duplicate, modify, make subordinate works of, circulate, openly show, publicly perform, and generally misuse in any way such User Content in all arrangements and appropriation channels currently known or henceforth concocted (incorporating into association with the Services and OXY's business and on third-party sites and services), moving forward without any more notice to or consent from you, and without the necessity of installment to you or some other individual or entity.

You speak to and warrant that: (I) you either are the sole and elite proprietor of all User Content or you have all rights, licenses, consents and releases necessary to grant OXY the permit to the User Content as put forward above; and (ii) neither the User Content nor your accommodation, transferring, distributing or generally making accessible of such User Content nor OXY's utilization of the User Content as allowed in this will encroach, misuse or damage an third party’s intellectual property or exclusive rights, or privileges of attention or security, or result in the infringement of any appropriate law or guideline.

You consent to not give User Content that is defamatory, hostile, derisive, rough, foul, obscene, unlawful, or generally hostile, as controlled by OXY in its sole carefulness, regardless of whether such material might be ensured by law. OXY may, yet will not be committed to, audit, screen, or evacuate User Content, at OXY's sole caution and whenever and under any conditions, without notice to you.

5. OXY’S RESERVED RIGHTS

OXY may, upon notice to the Driver, delist or remove the Information pertaining to the Driver from the Portal / Driver App

6. PRIVACY TERMS

6.1 Disclosure of your information. subject to applicable law, company and its affiliates may, but shall not be required to, provide to you, a user, an insurance company and/or relevant authorities and/or regulatory agencies any information (including personal information (e.g., information obtained about you through any background check) and any company data) about you or any transportation services provided hereunder if:

(a) there is a complaint, dispute or conflict, including an accident, between you and a user;

(b) it is necessary to enforce the terms of this agreement;

(c) it is required, in company's or any affiliate's sole discretion, by applicable law or regulatory requirements (e.g., company or its affiliates receive a subpoena, warrant, or other legal process for information); (d) it is necessary, in company's or any affiliate's sole discretion, to

(1) protect the safety, rights, property or security of company or its affiliates, the OXY services or any third party;

(2) to protect the safety of the public for any reason including the facilitation of insurance claims related to the OXY services;

(3) to detect, prevent or otherwise address fraud, security or technical issues;

(4) to prevent or stop activity which company or any of its affiliates, in their sole discretion, may consider to be, or to pose a risk of being, an illegal, unethical, or legally actionable activity); or

(e) it is required or necessary, in company's or any Affiliate’s sole discretion, for insurance or other purposes related to your ability to qualify, or remain qualified, to use the OXY services. You understand that the company may retain your personal data for legal, regulatory, purposes after this agreement is terminated

6.2 Company and its affiliates may collect your personal data course of your application for, and use of, the OXY services, or may obtain information about you from third parties. such information may be stored, processed, transferred, and accessed by company and its affiliates, third parties, and service providers for business purposes, including for marketing, lead generation, service development and improvement, analytics, industry and market research, and such other purposes consistent with company’s and its affiliates’ legitimate business needs. Consent to such use of personal data.

7. REPRESENTATIONS AND WARRANTIES; DISCLAIMERS

By you. You hereby represent and warrant that:

(a) You have full power and authority to enter into this agreement and perform your obligations hereunder;

(b) You have not entered into, and during the term will not enter into, any agreement that would prevent you from complying with this agreement; and

(c) you will comply with all applicable laws in your performance of this agreement, including holding and complying with all permits, licenses, registrations and other governmental authorizations necessary to provide

(d) Transportation services using the vehicles pursuant to this agreement, and (ii) passenger transportation services to third parties territory generally.

8.1 DISCLAIMER OF WARRANTIES.

Organization and its affiliates provide, and you accept, the OXY services, driver app and the company devices on an "as seems to be" and "as available" basis.

Organization and its affiliates do not represent, warrant or guarantee that you're access to or u se of the OXY services, driver app or the company devices:

(a) Will be uninterrupted or error-free, or (b) will result in any requests for transportation services. Organization and its affiliates function as an on Request lead generation and related service only and make no representations, warranties or guarantees as to The actions or inactions of the users who may request or receive transportation services from you, and company and its affiliates do not screen or otherwise evaluate users. By using the OXY services and driver Application, you acknowledge and agree that you may be introduced to a third party that may pose harm or risk to you or other third parties. You are advised to take reasonable precautions with respect to interactions with third parties encountered in connection with the use of the OXY services or driver app. notwithstanding the company's appointment as the Constrained payment collection agent of you for the purpose of accepting Installment from users on your behalf as set forth in section 4 above, company and its affiliates expressly disclaim all liability for any act or omission of you, any user or other third party.

8.2 NO SERVICE GAURNTEE

Organization and its affiliates do not guarantee the availability or uptime of the OXY services or driver app. You acknowledge and agree that the OXY services or driver app may be unavailable at any time and for any reason (e.g., Because of scheduled maintenance or network failure). Further, the OXY services or Driver app may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications, and company and its affiliates are not responsible for any delays, delivery failures, or other damages, liabilities or losses resulting from such problems.

9. DISCLAIMER

a. You understand and acknowledge that OXY disclaims and shall disclaim all representations and warranties to the Customer, of any kind, whether express or implied as to condition, suitability, quality, merchantability and fitness for any purposes in respect of any and all Vehicles of the Driver that are used by the Customers as a part of the Services and Services offered by the Driver through the Portal.

b. OXY does not warrant that You will be able to use the Portal / Driver App and/ or will be able to provide the Service/(s) at all times or locations on the Portal or that the Portal / Driver App and the Services provided through the Portal / Driver App will be uninterrupted or error-free or that the defects will be capable of being corrected by OXY in a timely fashion. OXY’s Portal and all other technology developed and installed on the Device by OXY are provided on an “AS IS” and “AS AVAILABLE” basis and OXY specifically disclaims all warranties and indemnities, express, implied or statutory, including without limitation any warranty of merchantability, fitness for a particular purpose, accuracy, completeness, or any other warranty arising from the course of performance or course of dealing. OXY also does not provide any warranties as regards the compatibility of OXY’s Portal, Driver App or any other installed technology with the Device of the Driver and the results as well as the performance of the Portal / Driver App may vary depending on the model of the Device.

10. CONFIDENTIALITY

a. You acknowledge that pursuant to this Driver T&C, You will have access to confidential information of OXY and its affiliates which has been provided by OXY. You undertake to keep confidential all data and other confidential information of OXY and shall not sell or otherwise make that information available to any third parties.

b. Except as otherwise agreed, the data of Customers will be the exclusive property of OXY, and You will not use the same for Your own purpose or distribute such data in any form or means except for the purpose of these Driver T&C and shall keep it confidential at all times. Confidential information would include but not be limited to Customer details, market information, all work products and documents related thereto, the contents of the Portal, Driver App or any other information which is treated as confidential by OXY, and any other information, whether orally or in writing, received or to be received by You which is agreed to be treated as confidential, whether expressly or by implication.

11. INDEMNIFICATION.

YOU SHALL INDEMNIFY, DEFEND (AT COMPANY'S OPTION) AND HOLD HARMLESS COMPANY AND ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS FROM AND AGAINST ANY AND ALL LIABILITIES, EXPENSES (INCLUDING LEGAL FEES), DAMAGES, PENALTIES, FINES, SOCIAL SECURITY CONTRIBUTIONS AND TAXES ARISING OUT OF OR RELATED TO:

(A) THE BREACH OF YOUR REPRESENTATIONS, OBLIGATIONS UNDER THIS AGREEMENT; OR (B) A CLAIM BY A THIRD PARTY (INCLUDING USERS, REGULATORS, AND GOVERNMENTAL AUTHORITIES) DIRECTLY OR INDIRECTLY RELATED TO YOUR PROVISION OF TRANSPORTATION SERVICES OR USE OF THE OXY SERVICES. NOT APPLY TO YOUR BREACH OF ANY REPRESENTATIONS REGARDING INDEPENDENT CONTRACTOR.

12. LIMITS OF LIABILITY.

>COMPANY AND ITS AFFILIATES SHALL NOT BE LIABLE UNDER Or then again RELATED TO THIS AGREEMENT FOR ANY OF THE FOLLOWING, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE: (I) ANY INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR OTHER INDIRECT DAMAGES OF ANY TYPE OR KIND; OR (II) YOUR OR ANY THIRD PARTY'S PROPERTY DAMAGE, OR LOSS OR INACCURACY OF DATA, OR LOSS OF BUSINESS, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE. Aside from COMPANY'S OBLIGATIONS TO PAY AMOUNTS DUE TO YOU PURSUANT TO SECTION 4 ABOVE, BUT SUBJECT TO ANY LIMITATIONS OR OTHER PROVISIONS CONTAINED IN THIS AGREEMENT WHICH IS APPLICABLE THERETO, IN NO EVENT SHALL THE LIMITATION OF COMPANY OR ITS AFFILIATES UNDER THIS AGREEMENT EXCEED THE NUMBER OF SERVICE FEES ACTUALLY PAID TO OR DUE TO COMPANY HEREUNDER IN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM.

13. TERMINATION OF DRIVER REGISTRATION
  • The Parties to these Driver T&C shall be entitled to terminate these Driver T&C with a prior written notice of 7 (seven) Business Days to the other Party without assigning any reason for the termination.
  • The Parties to these Driver T&C shall be entitled to terminate these Driver T&C for any breach of any obligations, representations or warranties, or any other material terms as contained in this Driver T&C by a Party which is not the Party proposing to terminate the Driver T&C at the end of 5 (five) days from the intimation of such breach to the breaching Party, if such breach is not rectified within 5 (five) days.
  • Upon termination of these Driver T&C in the manner set out above, the registration of the Driver on the Portal shall stand canceled and the Account shall be terminated and the Driver shall not be eligible to ply his Vehicle on the Portal.
  • Upon the expiry or early termination of these Driver T&C:
  • The Driver shall pay to OXY all amounts due and owing to OXY.
  • OXY may, at its own discretion, return the Subscription Amount with such deductions as may be required to be made for the amounts and penalties/ Suspect Charges due to be paid by the Driver to OXY under these Driver T&C.
  • On the termination of Your registration, OXY will settle the Driver Proceeds which have become due to You on account of the Service to the Customers through the Portal and for other activities agreed under the Subscription Agreement, prior to the date of termination.
  • Each Party shall promptly return to the other Party all property and materials including all devices and including confidential information and materials, furnished to it by the other Party pursuant to these Driver T&C and/or the Subscription Agreement between the Parties. Where the confidential information cannot be returned in material form, the Party shall destroy the other Party’s confidential information.
  • The Parties shall cease acting in a manner that would imply a continuing relationship between the Parties and shall cease all marketing and other activities contemplated under these Driver T&C and/or the Subscription Agreement. In connection with the marketing activities, on termination or expiration of the Subscription Agreement along with the Driver T&C, the Driver shall ensure that OXY branding affixed/displayed on the Vehicle and/or any other branding affixed/displayed on the Vehicle (as directed by OXY and mutually agreed between the Parties), if any, shall be immediately removed. If the Driver is unable to remove the branding himself, Driver shall promptly approach OXY’s nearest office for removal of the branding. OXY disclaims all liabilities, whether civil, criminal, tortious or otherwise, that may accrue as a consequence of continued use of any branding by the Driver after expiry or termination of the Subscription Agreement and Driver T&C.
  • Clauses 11 (Indemnification), 12 (Liability), 4 (Contents posted on Site/ Application), 13 (Term and Termination), 17 (Notice) and 14 (Applicable Law and Dispute Resolution) and such other provisions which are intended to survive the termination, shall survive the expiry/termination of these User Terms in accordance with their terms.
  • Expiry or earlier termination of this Agreement will not prejudice any rights of the Parties that may have accrued prior to expiry or termination.
  • Without prejudice to the foregoing, the termination of Your registration pursuant to any of the provisions contained hereinabove shall not limit or otherwise affect any other remedy (including a claim for damages), which OXY may have, arising out of the event which gave rise to the right of termination.
14. DISPUTE RESOLUTION, GOVERNING LAW, AND JURISDICTION

If any dispute arises between You and OXY, in connection with, or arising out of, these Driver T&C, the dispute shall be referred to arbitration under the Arbitration and Conciliation Act, 1996 (Indian) to be adjudicated by a sole arbitrator to be appointed by OXY. The arbitration shall be held in Jaipur, Rajasthan. The proceedings of arbitration shall be in the English language. The arbitrator’s award shall be final and binding on the Parties.

These Driver T&C shall be governed by and construed in accordance with the laws of India.

Subject to clause 14.1, the courts in Jaipur, Rajasthan shall have the exclusive jurisdiction in connection with this Agreement.

a. In addition to above remedies, OXY shall be entitled to an interim injunction, restraining order or such other equitable relief as a court of competent jurisdiction may deem necessary or appropriate to restrain You from committing any violation of Your covenants and obligations. These injunctive remedies are cumulative and are in addition to any other rights and remedies OXY may have at law or in equity.

15. MISCELLANEOUS

a. Entire Agreement: The Parties hereby agree that the Subscription Agreement, Exhibits and these Driver T&C along with Commercial Term Segment, OXY Policies, Zero Tolerance Policy and any other policy that OXY notifies to the Driver from time to time shall constitute the entire agreement between them and shall supersede and override all previous communications, either oral or written, between the parties with respect to the subject matter of this Agreement. In the event of any contradiction or inconsistency between the Driver T&C and any other agreement executed between the parties, the terms of the Driver T&C shall prevail unless the exception has been expressly agreed to in writing by making reference to the relevant Clause sought to be modified under these Driver T&C.

b. Independent Contractor Status: The relationship created by Driver T&C is that of independent contractors, and not partners, franchisees or joint ventures. No employees, consultants, sub-contractors or agents of one party is or will be deemed to be employees, consultants, contractors or agents of the other party, nor do they have any authority to bind the other party by contract or otherwise to any obligation, except as expressly set forth herein. The Driver shall not be deemed for any purpose to be an employee of OXY or any of its Affiliates. OXY shall not be responsible to the Driver or any governing body for any payroll-related taxes related to the performance of Services hereunder, including but not limited to, withholding or other taxes related to central or state income tax, social security benefits or unemployment compensation.

c. Assignment: Neither these Driver T&C nor any of the rights, interests nor obligations hereunder shall be assigned by the Driver to any third party, without the prior written consent of OXY. OXY may, at its sole discretion, assign the rights, interests or obligations hereunder to any person whosoever.

16. FORCE MAJEURE

Any delay in or failure to perform any obligations by either party under the Driver T&C shall not constitute default hereunder if and to the extent caused by force majeure, which is defined to be occurrences beyond the reasonable control of such Party committing default, including and limited to acts of the government authorities, acts of God, fire, flood, explosion, riots, war, rebellion, insurrection (“Force Majeure”). Provided, however, you shall give prompt written notice within a period of 7 (seven) days from the date of the force majeure occurrence to OXY. You shall use all reasonable efforts to avoid or remove such cause of non-performance and shall continue performance hereunder whenever such causes of force majeure are removed. In the event the Force Majeure event continues for a period of 7 (seven) days from the date on which OXY receives the notice from you as above, OXY shall have the right to terminate these Driver T&C.

17. NOTICES

Any notices, requests and other communications required or permitted hereunder shall be in writing and may be sent by any of the following means to the receiving Party at the relevant addresses set forth in these Driver T&C:

i. By electronic mail.

For the purposes of this sub-clause, the Parties’ electronic mail addresses shall be the following unless otherwise intimated by the Parties to each other,

OXY: help@OXYcabs.com;

Transport Service Provider: As provided during attachment.

ii. By SMS sent to mobile number at:

OXY: Not Applicable;

Transport Service Provider: As provided during attachment.

iii. By hand, against a written acknowledgment of receipt by the receiving Party.

OXY: Ward No. 11, Mittal Colony Behind Power House, Kishangarh, Ajmer, Rajasthan – 305801, India Transport Service Provider: As provided during attachment. Iv. By registered mail.

In the event the delivery of the notice is attempted to be made at all the contact addresses provided by the party, the notice shall be deemed delivered on the third day from the date of the notice.

a. Waiver: Either party may exercise a right, power or remedy at its discretion and separately or concurrently with another right, power or remedy. No failure or delay on part of any Party hereto exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other rights, powers or privileges by such party.

b. Severability: Any provision that is prohibited or unenforceable in any jurisdiction will, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining portions hereof or affecting the validity or enforceability of such provision in any other jurisdiction.

C. Amendment: These Driver T&C may be modified or amended by OXY at its sole and absolute discretion.

18. ZERO TOLERANCE POLICY

The driver will strictly follow ZERO TOLERANCE policy which shall be subject to change and any Changes shall be intimated to the Driver from time to time via SMS or e-mail. ZERO TOLERANCE policy is mentioned below:

Breach/Fine Consequences: AS INFORMED BY OXY FROM TIME TO TIME Breach Cases:

1. Asking for tips:

The driver shall not proactively ask for ‘tips’ from the Customer. The driver shall not hassle the Customer for change.

2. Wasting Customer’s Time:

The driver shall not stop the Vehicle for filling fuel in between the journey. The driver shall not make any Personal stops during the journey.

3. Personal hygiene:

The driver shall wear neat OXY cabs uniform & badge (if provided by OXY Cabs private limited) at all times during duty hour. The driver shall maintain personal hygiene.

4. Customer Service:

The driver shall greet Customers both at pick up and drop. The driver shall manage the luggage (both at pick-up and drop point). The driver shall ensure that the vehicle’s AC is turned on before the Customer sits in the Vehicle.

5. Vehicle Cleanliness:

The driver shall keep the Vehicle and dashboard clean. The driver shall make the Vehicle available for field audit within 2 days’ time period from such breach. Till then no bookings shall be provided and the Vehicle will be blocked from the device.

6. Disturbing Customer:

The driver shall not play loud music (above mid-level of the stereo) or music through any kind of earphone device. The driver shall not unnecessarily blow the horn. The driver shall not proactively engage in a personal conversation with the Customer and shall not resort to any kind of unpleasant behavior with Customers.

7. No Smoking/Tobacco/Pan/Masala/Food Item:

The driver shall not smoke inside the Vehicle. The driver shall not chew any masala or chewing gum or any other food item while a ride is in progress. 8. 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 Customer.

9. The Driver should not make any fake calls or give any missed calls to the Customer’s contact number. The Driver should only give a call to the Customer informing the Customer about the arrival of the Vehicle at the destination. The driver shall not make unwarranted use of the Customer contact details after the customer has been dropped at the destination. 10. The Drivers shall be well versed with the routes. The Driver shall not take any long route when there is another short route known to him for reaching the destination. The Drivers are not expected to halt at several places during the journey due to lack of knowledge of the routes.

11. Delay In Pick – Up:

The driver should reach the pickup point (before pick-up time). Driver must intimate the Customer that he has reached at the pick - up location. 12. The driver should keep his mobile ‘ON’ while he is logged into the OXY Cab’s Portal and he should receive every call of the Customer. The driver should not make any deliberate attempt to park the Vehicle in the ‘non-network’ area while the Customer is away for his/her personal work.

13. Vehicle Branding:

OXY Sticker, if any, on the Vehicle should not be removed till the Vehicle is active on the Platform.

14. Rude Behavior with Female Customer:

The driver shall not under any circumstance argue with the Customer/use abusive words / raise his voice tone while talking to the Customer. The driver should follow the instructions given by Customer as well as by OXY cabs Call Centre.

15. Mobile Phone Usage:

The 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. However, this shall not apply in case of calls from OXY representatives and the Customer.

16. Reporting To OXY:

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

17. Rash Driving: The driver shall not exceed the speed limit of:

(i) 50 Kms per hour within the city; (ii) 60 Kms per hour on state highways; and (iii) 80 Kms per hour on National Highways.

If any other speed limits prescribed for any road which is lower than the speed limits specified in (i), (ii) and (iii) above, the Driver shall follow the said prescribed lower speed limits. The driver should not apply sudden breaks and should not take sharp turns that may cause inconvenience to the Customer.

18. Driving License (DL) & Other RTO Documents:

While on duty hours with OXY it is mandatory to keep DL and all relevant RTO impacting papers (Permit, PUC, Insurance, RC, etc.).

19. While performing the Taxi Services, Driver should not sleep in the Vehicle.

20. The driver shall not reject the booking on his own at the time of allotment under any circumstances (unless permitted by OXY).

21. The driver shall not reject a booking or a Customer once he has accepted the duty and logged in and shall not switch off his mobile under any circumstances.

22. Missing luggage:

The driver should hand over the luggage or bags to the office if the Customer has mistakenly left any luggage in his cab or the Driver should call to the Customer and inform him that he has forgotten his belonging in the cabs.

23. Device Misuse:

The driver shall ensure that the Device (as defined in the Driver T&C) shall not be misused in anyways

24. Traffic Rules:

The driver shall obey all traffic rules including traffic signals. The driver shall keep all statutory documents (insurance documents, vehicle registration book/card, PUC Certificate, etc.) at all times. The driver shall wear a seat belt all the time while driving.

25. Driver lying or completing service in bad-faith:

The driver should follow the best and shortest possible route to reach the destination. The driver should not misrepresent or misguide the routes or duty slips to increase the fare.

26. The driver shall not consume/intake or be under the influence of alcohol or narcotic substances while logged into the OXY Portal.

27. Abusive or discriminatory Driver:

The driver should not do anything like abusing the Customer, talking to Customer or any such behavior which shall make the Customer feel uncomfortable during the journey. The driver should not discriminate against Customer for any reason, including on the basis of sex, race, caste, creed, religion, disability or nationality.

28. Rude behavior/ Customer inconvenience:

The driver should not ask the Customer to get down from his vehicle in the middle of the journey even if any misunderstanding or verbal Fights happen between the Customer and the Driver. If his Vehicle gets breakdown he himself should call the OXY office and make arrangement for another vehicle at any cost for the Customer and drop the Customer to the drop location.

29. Extra Ordinary Circumstances:

Any instance of Driver’s behavior that directly or indirectly impacts the Company’s “Brand Image”.

30. Maximum Weight:

Never load the vehicle above the manufacturer’s maximum specified weight.

31. Medically Fit:

Never drive the vehicle if medical conditions will impact the driving.

32. Unauthorized Goods or Persons:

Not carry any unauthorized goods or persons till the completion of the Ride.

This Site/Application/Services is/are worked/ provided by OXY CABS Private Limited.

These terms and conditions ("User Terms") apply to your visit to and use, of the Site whether through a PC or a cell phone, the Service and the Application, just as to all data, suggestions or services provided to you on or through the Site, the Service and the Application. This document is an electronic record in terms of Information Technology Act, 2000 and runs thereunder as relevant and the provisions relating to electronic records in different resolutions as corrected by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures. By clicking on the "I ACCEPT" button, you are consenting to be bound by these User Terms. Please ENSURE THAT YOU READ AND UNDERSTAND ALL THESE USER TERMS BEFORE YOU USE THE SITE.

If you don't acknowledge any of the User Terms, at that point kindly don't utilize the Site or any of the services being provided therein. YOUR AGREEMENT TO THESE USER TERMS SHALL OPERATE AS A BINDING AGREEMENT BETWEEN YOU AND OXY IN RESPECT OF THE USE AND SERVICES OF THE SITE.

Your acknowledgment of the User Terms shall be regarded to incorporate your acknowledgment of the privacy policy available at https://www.OXYcabs.com/info/faqs#privacyPolicy.

By accepting these User Terms, you also allow OXY to send you promotional emails and SMS alerts from time to time.

IT IS HEREBY EXPRESSLY CLARIFIED THAT THESE USER TERMS SHALL

NOT APPLY TO A CUSTOMER TAKING ‘OXY CORPORATE RIDES’ I.E., FOR CUSTOMERS WHO ARE AVAILING RIDES UNDER THE DIRECT ARRANGEMENTS BETWEEN CORPORATE ENTITIES AND OXY.

NOT APPLY TO A CUSTOMER TAKING 'OXY CORPORATE RIDES' I.E., FOR CUSTOMERS WHO ARE AVAILING RIDES UNDER THE DIRECT ARRANGEMENTS BETWEEN CORPORATE ENTITIES AND OXY.

1. ELIGIBILITY

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

You have attained at least 18 (eighteen) years of age.

You are competent to enter into a contract under the Applicable Laws.

If you reside in a jurisdiction that restricts the use of the Service because of age, or restricts the ability to enter into contracts such as this User Terms due to age, you must abide by such age limits 2.

2. REGISTRATION AND ACCOUNT

You understand and acknowledge that you can enroll on the Site simply only after conforming to the prerequisites of this Clause 3 and by entering Your Registration Data.

  • You will guarantee that the Registration Data given by you is accurate, finished, current, legitimate and genuine and is refreshed every now and then. We will bear no responsibility for false, deficient, old or incorrect Registration Data given by you.
  • any outsider. Your Account can't be exchanged, allotted or sold to an outsider. We will not be obligated for any misfortune that you may acquire because of another person utilizing your secret key or Account, either with or without your insight.
  • We maintain whatever authority is needed to suspend or end Your Account with immediate effect and for an uncertain period, if We have a reason to believe that the Registration Data or some other information given by You is incorrect or false, or that the security of Your Account has been compromised in any way, or for some other reason We may discover just or fair.
  • Except for the Registration Data or some other information presented by You during the use of some other service offered through Site ("Permitted Information"), OXY does not need You to, and You ought not, send any confidential or restrictive data to OXY on the Site or something else, except if generally is required by Applicable Laws. In accepting these User Terms you agree that any data or materials that you or individuals acting on your behalf provide to OXY other than the Permitted Information won't be viewed as secret or exclusive.
  • It is your duty to check to guarantee that you download the right application for your device. We are not accountable on the off chance that you don't have a compatible mobile device or if you download the wrong version of the Application for Your mobile device. We maintain whatever authority is needed to end the Service and the use of the Application should you be using the Service or Application with an incompatible or unauthorized device.
  • We enable you to open just a single Account in association with the Registration Data given by you. In the event of any unauthorized use of Your Account please quickly contact us at help@OXYcabs.com. in the event that, You unable to access Your Account, please inform Us at help@OXYcabs.com and make a written request for blocking Your Account. We won't be liable for any unauthorized transactions made through Your Account preceding the expiry of 72 (seventy-two) hours after You have made a request in writing for blocking Your Account, and will not have any liability if in case of Force Majeure Event
3. SERVICES

3.1. The Site grants you to avail the transportation services offered by TPSPs. The Service enables you to send a request through OXY to a Driver on the OXY network. The Driver has sole and complete discretion to acknowledge or dismiss each request for Service. If the Driver acknowledges a request, OXY notifies you and provides data in regards to the Driver - including Driver name, Vehicle license number, phone contact details of the Driver and such other details as OXY may decide.

3.2. OXY will secure reasonable efforts to carry you into contact with a Driver, subject to the accessibility of Driver in or around your location at the moment of your request for such services

3.3. By using the Application or the Service, You further agree that:

  • You will just use the Service or download the Application for Your sole, individual use and won't exchange or allow it to a third party;
  • You won't use an account that is liable to any privileges of an individual other than you without appropriate authorization
  • You won't use the Service or Site for unlawful purposes;
  • You won't attempt to hurt the Service, Site or our system in any capacity at all;
  • You will give OXY such data and records which OXY may sensibly ask;
  • You know that while requesting Services, regardless of whether by the message, via Site or call the call center of OXY, standard messaging charges, data charges, voice charges, as applicable, of the Your and Our phone network service providers, will apply;
  • You will consent to all Applicable Law from Your country of domicile and residence and the country, state as well as city in which You are available while using the Site or Service; and
  • You know about and will consent to the Information Technology Act, 2000 and the principles, guidelines, and rules stated thereunder.

3.4. OXY reserves the right to immediately terminate the Service and the use of the Application in the event of non-compliance with any of the above requirements. Further, OXY will store the information provided by you or record your calls for contacting you for all Service-related matters. You shall promptly inform OXY on any change in the information provided by you.

3.5 OXY or an approved agent of OXY, will give data with respect to services, limits, and advancements given by OXY to You by way of an SMS or email to your registered mobile number/registered email ID. You additionally have the alternative to stop accepting such data any time of time. To discontinue getting such information, you may at any point of time visit the specific link provided in the Site to discontinue the same.

OXY WILL BE ENTITLED TO PROCESS AND TRANSFER YOUR INFORMATION AS AND WHEN IT DEEMS FIT AND IT MAY STORE OR TRANSFER YOUR INFORMATION IN A SERVER OUTSIDE INDIA OR THE COUNTRY WHERE YOU ARE LOCATED IN ORDER TO PERFORM OXY'S OBLIGATIONS UNDER this CUSTOMER T&C.

You consent to concede OXY a non-selective, around the world, interminable, irreversible, sovereignty free, sub-licensable (through different levels) directly to practice the copyright, exposure, database rights or some other rights You have in your data, in any media presently known or not as of now known, as for Your data. YOU AGREE AND PERMIT OXY TO SHARE YOUR Data AND/OR PERMITTED INFORMATION, WITH Outsiders.

You concur and license OXY to share any data furnished by you with outsiders so as to encourage arrangement of certain esteem included administrations offered by such outsiders to You and additionally to give certain esteem added administrations to You by OXY. You thusly explicitly agree to get correspondences from OXY/outsiders offering esteem added administrations to You through Your enlisted telephone number and additionally email id as well as the Site. You concur that You won't consider OXY in charge of any such interchanges got from outsiders, nor will any such correspondence add up to spam, spontaneous correspondence or an infringement of Your enrollment on the national don't call vault.

OXY will be qualified to go into any tie-up regarding joint-adventure or generally with some other establishment occupied with the matter of giving administrations closely resembling as well as like those in this contained. In such case, contingent on the methodology and the component as might be formulated, you will be furnished with the administrations by OXY mutually as well as severally with the gathering/is in a joint endeavor. You, therefore, give your unavoidable agree and consent to such a tieup. In case of such a tie-up, the terms and conditions in this contained will, mutatis mutandis, wind up relevant in regard of such tie-up course of action too.

You recognize and concur that Substitute Vehicle may not be fundamental of an indistinguishable kind from the first Vehicle booked by you from the Site.

OXY bears no obligation and risk for deferrals and misfortunes endured by you or caused to You as a result of the breakdown of the Vehicle or the Substitute Vehicle.

4. CONFIRMATION OF BOOKING

4.1. OXY will, after receiving the booking request from you in the way set out above, continue to confirm or decline the booking dependent on the accessibility of Vehicles at the pickup time, which will be informed to you vide an SMS or email. In the occasion the booking is confirmed, you may check the booking details including yet not constrained to pick up time and pick up the place, and if there is erroneous detail, similar should be informed to us promptly immediately by calling our call center.

4.2. You will bear the consequences and harms for any delay that might be caused to You because of Your inability to check the confirmation SMS or email or failure to inform OXY the incorrect details immediately.

4.3. Certain particular clients will be qualified to benefit the Service under a ‘Guest Booking’ ' highlight, given by OXY. Such customers will likewise be bound by the terms and conditions set out in this.

5. Installment

5.1. OXY shall charge Convenience Fee or Access Fee for the Service which will be resolved and changed at the sole and total discretion of OXY. The Convenience Fee or Access Fee will be payable by you to OXY and shall be informed to you before you start your ride.

5.2. In connection to OXY Autos plying within the City of Operation, the Convenience Fee or Access Fee will not surpass an amount of Rs 75 at any time.

5.3. TPSP shall charge Fare to you for the Ride offered to you by the TPSP.

5.4. You shall be required to pay such Additional Fee, which will form a portion of the receipt of the Total Ride Fee.

5.5. You shall be required to pay such Cancellation Fee as far as Clause 7, which will form part of the receipt of the Total Ride Fee.

5.6. Notwithstanding the Total Ride Fee, You might be required to pay such different charges brought about by you amid the Ride in cash i.e. Additional Fee, which are not included in the receipt of the Total Ride Fee.

5.7. The Total Ride Fee will be collected by the Driver or OXY from you toward the finish of the Ride, as set out in Clause 6.7 beneath.

5.8. OXY shall give a receipt of the Total Ride Fee payable by you toward the finish of the Ride, Nonetheless, separate invoices raised by the TPSPs for the Fare and Additional Fee, and the Convenience Fee or Access Fee raised by OXY shall be given to You on demand. You may raise a request for a duplicate of the invoices from our Support page.

5.9. All applicable taxes in regard to the Fare, Convenience Fee, Additional Fee, and Cancellation Fee will be borne and payable by You to the TPSPs or OXY, all things considered.

5.10. You shall choose to pay for the Service Fee by either of the following methods:

Cash payment: Cash payment towards the Total Ride Fee after the finishing of Ride can be made to the Driver.

E-Wallet payment: OXY offers you the facility of making an online payment through a EWallet powered by OXYcash. E-Wallet money won't be relevant on bookings made through the phone or while the client isn't signed into his/her Account on the Site. The processing of installments, regarding your use of the E-Wallet, will be liable to the terms, conditions, and protection approaches of the Payment Processor that OXY connects with for the reason. OXY won't be in charge of any mistakes by the Payment Processor in any way. Further, even in instances of E-Wallet payments, all Additional Fee (characterized beneath) will be paid by you in cash, to the authority or individual concerned or if effectively paid by the Driver, to the Driver. When you make an E-Wallet payment, OXY will gather the Fare in the interest of the TPSP who will be identified in charge of giving the transportation services.

Credit Card/Debit Card/Net Banking Payment: Total Ride Fee will be affected by utilizing the services of an entity giving payment gateway /processor services ("PG"), approved by OXY. Such PG may either be OXY or any of its associates or accomplices or unrelated third parties. You concur and undertake to share applicable payment details including credit/ debit card details (Card Details) with the PG for the successful fulfillment of payment towards Total Ride Fee to OXY and authorize the PG to complete such transactions. In this regard, it is clarified that all PGs whose services are used for the purposes of the Site, as well as Application or potentially Services, will be PCI-DSS (Payment Card Industry – Data Security Standard) agreeable. Your approval allows the PG to charge or credit the bank account associated with your payment details. Your approval further allows the PG to utilize Your Card Details for the processing of transactions started by you at any of OXY's affiliates. Your approval will stay as a result as long as you keep up an Account with Us. In the event you erase Your Card Details with the PG or on the off chance that you delete Your Account, the PG won't process any further exchanges started by you at the Site or Application and at the sites of any of OXY's partners. Your approval under this provision is liable to some other terms and conditions of the PG.

5.10. Any payment related issue, aside from when such issue is because of a mistake or fault in the Site, will be settled among you and the Payment Processor. OXY will not be in charge of any unapproved utilization of Your E-Wallet amid after availing the Services on the Site

6. CANCELLATION POLICY

6.1. You agree and recognize that you may drop your request for a Vehicle from a Driver any time of time subject to a Cancellation Fee as clarified beneath:

In Micro/Mini/Prime/Sedan/SUV/Luxury/Rental categories, Cancellation Fee will be charged

  • If you cancel after 5 minutes after the taxi is assigned or
  • If a driver cancels after waiting at your location for more than 10 minutes
  • Notwithstanding the previous, if the Driver is delayed by more than five (5) minutes to pick You, You won't be charged any Cancellation Fee.
  • You will be informed of the applicable Cancellation Fee ahead of time at whatever point You attempt to cancel a booking/service request. The notification will be on the Application or potentially the Site.
  • OXY will give a receipt of the Cancellation Fee, assuming any, payable by You for each cancellation as far as the table above for such cancellations, be that as it may, separate invoices raised by the TPSPs for the Cancellation Fee, and OXY for the Convenience Fee on cancellations shall be provided to You on request. You may raise a request for a copy of the invoices from the Support page.
  • The Cancellation Fee will be payable by you toward the completion of Your following Ride.
  • The method of payment of the Cancellation Fee will be as far as Clause 7 of these User Terms
  • This Clause 7 will not make a difference to corporate rides availed pursuant to the terms and conditions.
7. USER VIOLATION OF USER TERMS

7.1. You will not smoke and savor the Vehicles or get misbehave with the Driver or distract the Driver or act in violation of Applicable Law. In the occasion you are observed to be associated with the activities set out above, you shall be obligated to pay a fine to us and we shall likewise reserve the option to end the Ride. In the event you fail to pay fine after the completion of the Ride, we may at our carefulness, take such steps as may be available to us under Applicable Law. You will likewise be blacklisted because of non-payment of the fine or misbehaving as the case may be, and in such event, Your Account may be terminated by OXY.

8. CUSTOMER RELATIONSHIP MANAGEMENT

8.1. All issues, feelings, recommendations, questions, and feedback while benefiting our Services will be imparted to us through email address. In case of a Ride booked on our Application, You will be required to rate the Ride after its end. You consent to be reasonable, exact and non-defaming while at the same time leaving comment, feedbacks, testimonials or reviews on or about the Rides or Services.

8.2. Reporting of any issue should be inside 7 (seven) days of the occurrence of the issue, failing which, such issue won't be tended to.

8.3. Any issue reported on channels other than the above may be addressed by OXY only on a best-effort basis. OXY takes no liability for the inability to get back on other channels.

8.4. OXY shall try to respond to your issues inside 2 (two) working days of your reporting the same and attempt to resolve it at the soonest conceivable. It is therefore cleared up that issues are settled on severity basis, and certainly might be settled sooner than the other. In any case, OXY shall not be liable for any damages or losses in the event you are not satisfied with any such resolution

9. EMERGENCY SERVICES TO CUSTOMER

1 By accepting these User Terms and on pressing the SOS catch on the OXY App, You agree to OXY utilizing its best undertakings to furnish you with assistance during a safety incident, emergencies or distress, according to OXY's internal policies on emergency response. OXY may embrace remedial action (s), including, yet not restricted to the accompanying:

9.1.1 When you press the SOS button and report a safety incident, the OXY delegate may heighten the occurrence inside or liaise with any third party security service providers to help you and/or deploy response teams to your location.

9.1.2 OXY may inform any government authorities, for example, the concerned police headquarters, about the occurrence and look for their help; OXY may likewise give such authority (is) with your personal information including yet not constrained to your accurate GPS location, your registered email ID and mobile number to enable them to take appropriate steps to assist you.

9.1.3 OXY may connect third-party security providers to help you and OXY in tending to the occurrence. For this reason, OXY may share your personal data, including yet not constrained to, your definite GPS area, your enrolled email ID and mobile number with third parties, for example, a security administrations provider, to empower them to find a way to help you and exclusively to determine the occurrence.

9.1.4 Further to the abovementioned, You may get phone calls from an OXY representative or potentially the significant response team at the season of pressing the SOS button and in the length that the occurrence is being settled, and the equivalent will not be understood as breach of TRAI guidelines, in as much as these future made for Your security and safety purposes.

9.2 Under this provision, you give your express agree to allow OXY to embrace the above alongside any subordinate activities that might be required to encourage an effective emergency response.

9.3 OXY won't be at risk for any deficiency of service, gave to you under this provision on a best endeavors premise, and this statement does not, in any way, limit You from looking for some other type of help from any other party.

10. FORCE MAJEURE

10.1 We shall not be liable for any failure to perform any obligations under this User Terms, if the performance is prevented, hindered or delayed by a Force Majeure Event and in such case, our obligations under this User Terms shall be suspended for so long as the Force Majeure Event continues.

11. Indemnity.

You consent to indemnify and hold OXY and its officers, directors, representatives and specialists agents harmless from all cases, requests, misfortunes, liabilities, and costs (including attorneys’ fees) emerging out of or regarding: (I) your utilization of the Services or services or goods got through your utilization of the Services; (ii) your breach or infringement of any of these Terms; (iii) OXY's utilization of your User Content; or (iv) your infringement of the rights of any third party, including Third Party Providers.

12. Limitation of liability.

OXY will not be at risk for indirect, accidental, extraordinary, excellent, reformatory or noteworthy harms, including lost profits, lost information, individual damage or property harm identified with, regarding, or generally coming about because of any utilization of the services, regardless of whether OXY has been advised concerning the likelihood of such harms. OXY will not be at risk for any harms, obligation or misfortunes emerging out of: (I) your utilization of or dependence on the services or your failure to access or utilize the services; or (ii) any transaction or connection among you and third-party provider, regardless of whether OXY has been informed concerning the likelihood of such harms. OXY will not be at risk for postponement or disappointment in execution coming about because of causes beyond OXY’s reasonable control. You recognize that third-party transportation providers providing transportation services requested through some request brands may offer ridesharing or peer-to-peer transportation services and may not be professionally licensed or permitted. IN ADDITION, AND WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL OXY’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).

OXY's services might be utilized by you to request and schedule transportation, merchandise or logistics services with third-party providers, however, you concur that OXY has no duty or risk to you identified with any transportation, products or logistics services gave to you by the third party other than as explicitly put forward in these terms.

The constraints and disclaimer in this section don't indicate to restrict obligation or change your rights as a consumer that can't be barred under material law.

13. Disclaimer.

The services are given "as is" and "as available." OXY disclaims all representations and guarantees, express, suggested or statutory, not explicitly set out in these terms, including the implied guarantees of merchantability, fitness for a specific reason and non- infringement. What’s more, OXY makes no representation, guarantee, or warranty with respect to the dependability, opportuneness, quality, reasonableness or accessibility of the services or any services or products asked for using the services, or that the services will be continuous or error-free. OXY does not ensure the quality, appropriateness, security or capacity of third-party providers. You agree that the entire risk emerging out of your utilization of the services, and any service or good asked for in association therewith, remains exclusively with you, to the most extreme degree allowed under appropriate law.

14. APPLICATION LICENSE

14.1. Subject to Your compliance with these User Terms, OXY stipends You a restricted, revocable, nonselect, non-transferable and non-sub-licensable license to download and introduce a duplicate of the Application on a single cell phone that You own or control and to run such copy of the Application exclusively for Your very own utilization and to utilize the Site.

14.2. You shall not

(I) permit, sublicense, sell, resell, exchange, allocate, disperse or generally commercially exploit or make accessible to any third party the Service or Site in any capacity;

(ii) alter or make subordinate works dependent on the Service or Application; (iii) make Internet " links " to the Service or " frame " or "mirror" any Site on some other server or remote or Internet-based gadget;

(iv) reverse engineer or get to the Site so as to

(a) plan or build a focused product or service,

(b) structure or manufacture an item utilizing comparative thoughts, highlights, capacities or designs of the Service or Site, or

(c) duplicate, replicate, record, or make accessible to the open any thoughts, highlights, capacities or illustrations of the Service or Site, or

(v) launch an automated program or content, including, however not constrained to, web bugs, web crawlers, web robots, web ants, web indexers, bots, infections or worms, or any program which may make different server demands every second, or unduly burdens or hinders the task as well as execution of the Service or Site.

14.3. You shall not: (i) send spam or otherwise duplicative or unsolicited messages in violation of pertinent laws;

(ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violate of third party privacy rights;

(iii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs;

(iv) interfere with or disrupt the integrity or performance of the Site, the Application or Service or the data contained therein; or

(v) attempt to gain unauthorized access to the Site, the Application or Service or its related systems or networks.

14.4. OXY will reserve the right to explore and arraign infringement of any of the above to the fullest extent of the law. OXY may include and collaborate with law requirement experts in indicting clients who damage these User Terms. You recognize that OXY has no commitment to monitor Your access to or utilization of the Site, Service or Posted Content, yet has the privilege to do as such to operate the Site and Service, to guarantee Your consistency with these User Terms, or to conform to Applicable Law or the requestor prerequisite of a court, authoritative office or other Governmental body. OXY reserves the right, whenever and without earlier notice, to expel or disable access to any substance that OXY, at its sole discretion, considers being violation upon these User Terms or generally destructive to the Site, the Service or Application.

15. User Provided Content.

OXY may, in OXY's sole discretion, license you occasionally to submit, upload, publish or generally make accessible to OXY through the Services printed, audio, and additionally visual content and data, including analysis and feedback identified with the Services, inception of support requests, and accommodation of entries for rivalries and promotions ("User Content"). Any User Content given by you remains your property. Be that as it may, by giving User Content to OXY, you allow OXY an around the world, never-ending, unalterable, transferrable, eminence free permit, with the privilege to sublicense, to utilize, duplicate, modify, make subordinate works of, circulate, openly show, publicly perform, and generally misuse in any way such User Content in all arrangements and appropriation channels currently known or henceforth concocted (incorporating into association with the Services and OXY's business and on third party sites and services), moving forward without any more notice to or consent from you, and without the necessity of installment to you or some other individual or entity.

You speak to and warrant that:

(I) you either are the sole and elite proprietor of all User Content or you have all rights, licenses, consents and releases necessary to grant OXY the permit to the User Content as put forward above; and

(ii) neither the User Content nor your accommodation, transferring, distributing or generally making accessible of such User Content nor OXY's utilization of the User Content as allowed in this will encroach, misuse or damage an third party’s intellectual property or exclusive rights, or privileges of attention or security, or result in the infringement of any appropriate law or guideline.

You consent to not give User Content that is defamatory, hostile, derisive, rough, foul, obscene, unlawful, or generally hostile, as controlled by OXY in its sole carefulness, regardless of whether such material might be ensured by law. OXY may, yet will not be committed to, audit, screen, or evacuate User Content, at OXY's sole caution and whenever and under any conditions, without notice to you.

16. INTELLECTUAL PROPERTY OWNERSHIP

16.1. OXY alone (and its licensors, where appropriate) shall own all right, title and interest, including all intellectual property rights, in and to the Site, Application, item, Service and any proposals, thoughts, improvement demands, input, suggestions or some other advertising; text, designs, UIs, visual interfaces, photos, trademarks, logos, sounds, music, work of art and PC code; or Other data are given by you or some other party relating to the Site, Application or the Service.

Third party trademarks may show up on this Site/Application and all rights in that are reserved to the registered owners of those trademarks. For utilization of any third party's intellectual property, you have to get consent straightforwardly from the proprietor of the intellectual property for any use.

These User Terms don't comprise a deal and don't pass on to you any privileges of possession in or identified with the Site, the Application or the Service, or any intellectual property rights claimed by OXY. You will be exclusively in charge of any infringement of any laws and for any encroachments of any intellectual property rights brought about by utilization of the Services or the Site/Application.

You may utilize data on the Site deliberately made accessible by OXY for downloading from the Site, given that you:

Do not expel any restrictive notice language in all copies of such documents and make no changes to the data;

use such information only for Your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media; or Do not make any additional representations or warranties relating to such information.

17. LINKS

17.1. Whenever allowed by OXY, You may build up a hypertext link to the Site, gave that the link does not state or suggest any sponsorship or endorsement of your site by us. You should not use on your site or in some other way any OXY trademarks or service marks or any Content having a place with OXY and showing up on the Site, including any logos or characters, without our express composed assent. You should not outline or generally incorporate into a third party website or present in conjunction with or juxtaposed against such a website any of the content or other materials on the Site without our prior written consent.

18. TERM AND TERMINATION OF LICENSE AGREEMENT

18.1. Except if ended as per this Clause 16, the understanding among OXY and you is ceaseless in nature after downloading the Application and for each Ride booked through the Site.

18.2. You are entitled to terminate the agreement consistently by erasure of Your Account, hence impairing the utilization by you of the Site. You can close Your Account whenever by adhering to the guidelines on the Site.

18.3. OXY is entitled to end the terminate consistently and with quick impact (by disabling Your utilization of the Site and the Service) on the off chance that You: (a) violate or breach any term of these User Terms, or (b) in the feeling of OXY, abuse the Application or the Service. OXY is not obliged to give notice of the termination of the agreement in advance. After termination OXY will give notice thereof in accordance with these User Terms.

18.4. Termination of this agreement will not prejudice accrued rights of either OXY or You.

18.5. Clauses 11 (Indemnification), 12 (Liability), 14 (Application License), 15 (user provided content on Site/ Application), 16 (Intellectual Property Ownership), 18 (Term and Termination), 13 (Disclaimer), 20 (Conflict), 21 (Notice) and such other provisions which are intended to survive the termination, shall survive the expiry/termination of these User Terms in accordance with their terms.

19. INVALIDITY OF ONE OR MORE PROVISIONS

19.1. The deficiency of any term of these User Terms will not influence the legitimacy of other provisions of these User Terms. In the event that and to the degree that any provision of these User Terms is invalid, or is unsuitable in the given conditions, a provision will apply between the parties rather that is acceptable considering about every one of the conditions, considering the content and the purpose behind these User Terms.

20. CONFLICT

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

Other Provisions
Claims of Copyright Infringement.

Cases of copyright infringement ought to be sent to OXY's assigned specialist. Please visit OXY's website page at https://www.OXY.com/ legal for the assigned location and extra data.

21. Notice.

OXY may pull out by methods for a general notice on the Services, electronic mail to your email address in your Account, or by written communication sent to your location as put forward in your Account. You may pull out to OXY by written communication to OXY's location at at Ward No. 13, Mittal Colony Behind Power House, Kishangarh, Ajmer, Rajasthan – 305801, India

General.

You may not assign or move these Terms in entire or to a limited extent without OXY's prior written approval. You give your approval to OXY for it to assign or move these Terms in entire or to some extent, including to (I) an auxiliary or associate; (ii) an acquirer of OXY's equity, business or resources; or (iii) a successor by merger. No joint venture, organization, work or office relationship exists between you, OXY or any Third Party Provider because of the agreement among you and OXY or utilization of the Services.

On the off chance that any arrangement of these Terms is held to be unlawful, invalid or unenforceable, in entire or to a limited extent, under any law, such arrangement or part thereof will to that degree be regarded not to frame some part of these Terms but rather the lawfulness, legitimacy, and enforceability of alternate arrangements in these Terms will not be influenced. In that occasion, the parties will replace the unlawful, invalid or unenforceable arrangement or part thereof with an arrangement or part thereof that is legitimate, substantial and enforceable and that has, to the best greatest conceivable, a comparative impact as the illicit, invalid or unenforceable arrangement or part thereof, given the contents and purpose behind these Terms. These Terms comprise the whole agreement and comprehension of the parties concerning its topic and replace and overrides all earlier or contemporaneous agreements or endeavors with respect to such topic. In these Terms, the words “including” and “include” signify “including, however not restricted to."

AGREEMENT FOR CAB DRIVER
SUBSCRIPTION AGREEMENT
EFFECTIVE FROM 7, MARCH 2018

THIS DOCUMENT IS an ELECTRONIC RECORD IN TERMS of information TECHNOLOGY ACT, 2000 AND RULES under it AS APPLICABLE and the PROVISIONS referring to ELECTRONIC RECORDS IN varied STATUTES AS AMENDED BY the information TECHNOLOGY ACT, 2000. THIS ELECTRONIC RECORD IS GENERATED BY AN automatic data processing system AND doesn't need ANY PHYSICAL OR DIGITAL SIGNATURES. BY CLICKING ON THE “I ACCEPT” BUTTON ON THIS ELECTRONIC CONTRACT, you're consenting TO BE certain BY THIS SUBSCRIPTION AGREEMENT alongside the various EXHIBITS connected TO THE SUBSCRIPTION AGREEMENT. PLEASE make sure that YOU browse AND UNDERSTAND ALL THE PROVISIONS OF THIS SUBSCRIPTION AGREEMENT AND EXHIBITS BEFORE you begin using THE PORTAL, AS YOU SHALL BE bound BY ALL THE TERMS HEREIN UPON CLICKING ON THE “ACCEPT & CONTINUE” BUTTON ON THIS ELECTRONIC CONTRACT. IF you do NOT settle for ANY OF THE TERMS CONTAINED HEREIN, THEN PLEASE don't USE THE PORTAL OR AVAIL ANY OF THE SERVICES BEING PROVIDED in that. YOU’RE AGREEMENT TO THE SUBSCRIPTION AGREEMENT SHALL OPERATE AS A BINDING AGREEMENT BETWEEN YOU AND OXY cabs IN RESPECT OF THE SERVICES OF THE PORTAL.

IT IS hereby EXPRESSLY clarified THAT THE PROVISIONS OF THIS SUBSCRIPTION AGREEMENT won't APPLY TO YOUR SERVICES PROVIDED FOR ‘OXY CORPORATE’ I.E., ARRANGEMENTS ENTERED INTO BY OXY WITH numerous corporate ENTITIES.

This Agreement is made between OXY Cabs Private Limited, a company registered under the Companies Act, 2013 and having its corporate office at Ward No. 11, Mittal Colony Behind Power House, Kishangarh, Ajmer, Rajasthan – 305801, India (hereinafter referred to as “OXY Cabs” which expression shall mean and include its representatives, successors-in-office, Affiliates and assigns) on the ONE PART; AND A transport service provider who is a driver, willing to list herself/himself and her/his vehicle on The Portal, details of the same can be referred in Exhibit A (“Vehicle(s)”), with the agenda of Providing transportation services through her/his Vehicle(s) to the users of the Portal. The driver Has denoted the fulfillment of all the eligibility criteria by the transport service provider, annexed hereto as Exhibit D. The transport service provider must agree upon all the applicable laws for the provision of transport services through the Portal.

(hereinafter referred to as the “Transport Service Provider”) of the OTHER PART.

OXY Cabs and the Transport Service Provider shall hereinafter individually be referred to as “Party” and collectively as “Parties”.

Exhibits ‘A’, ‘B’, ‘C’ and ‘D’ are collectively referred to as ‘Exhibits’.

Whereas OXY Cabs Private Limited owns and operates an online transport service providing the market place called “OXY Cabs” an online cab booking platform. OXY Cabs will monitor and upgrade any other relevant software that enables the usage of an application or other such URL’s that are provided explicitly OXY Cabs (Portal) that manages the cab services providers and motor cabs registered with it, at regular intervals.

AND WHEREAS on the basis of the representations and warranties provided by the Transport Service provider, OXY has in agreement to list the Transport Service provider and the Vehicle(s) on the Portal (“Service provider App”) to enable the Transport Service provider to provide transport services (“Transport Services”) through ‘Service Provider’s App’ in accordance with the terms and conditions as hereinafter provided.

NOW thus THE PARTIES HERETO AGREE AS FOLLOWS

I. SCOPE AND OBLIGATIONS

1. The execution of this Agreement and providing the main points in Exhibit A (hereinafter cited as “Registration Data”) shall impact in the registration of the Cab Service provider and the Vehicle(s) with OXY and shall make the Cab Service provider eligible for an online account on the Service Provider’s App (“Account”) for providing Transport Services through the Service Provider’s App.

2. The Transport Service provider and Vehicle(s) registration with OXY shall at all times be subject to compliance with the necessities commenced in Exhibit D and Exhibit B respectively. The Transport Service provider and Vehicle(s) registration with OXY shall additionally be subject to such alternative details and documents in respect of the Transport Service provider and therefore the Vehicle(s) as is additional totally delineate in Exhibit A. The Transport Service provider herewith understands and consents 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.

3. The Transport Service provider acknowledges and agrees that each one rights, obligations and liabilities of the Transport Service provider and OXY shall be governed in accordance with this Agreement and therefore the Transport Service provider terms and conditions available at the offices of OXY (“Transport Service provider T&C”) and, a duplicate of that is annexed as Exhibit B to the present Agreement. The Transport Service supplier herewith represents that the Transport Service supplier has a browse and understood this Agreement and therefore the Transport Service provider T&C absolutely and the terms contained in this are agreeable to the Transport Service provider.

II. DEVICE

For registration on the Service provider App, the device of such model and functionality as is also specified and notified by OXY to the Transport Service provider, more specifically commenced under the commercial Term segment in Exhibit C, could also be either provided by OXY or the Transport Service provider might bring his own device. The Transport Service provider herewith agrees that OXY Device or Non-OXY Device (both the terms defined hereunder), because the case may be, shall be switched on throughout the performance of the Service while not being any exceptions whatsoever. The provisions regarding OXY Device / Non-OXY Device shall be as commenced below-

1.Non-OXY Device: For registration on the Service provider App, the Transport Service provider might bring his own Non-OXY Device, of such model and functionality as may be specified and notified by OXY to the driver (“Non-OXY Device”). In such event, OXY will assist the Transport Service provider in installing the Service provider App within the Non-OXY Device brought by the Transport Service provider after OXY verifies that the Non-OXY Device meets the necessities and specifications as needed by OXY. OXY shall additionally instruct the Transport Service provider in the use of the Non-OXY Device in respect of the Service provider App and Portal if needed. If the Non-OXY Device is stolen, the Transport Service provider shall make sure that the Service provider App and his Account is straight away blocked, suspended or deactivated. In such event, the Transport Service provider shall approach OXY’s selected offices with a new Non-OXY Device for installation of the Service provider App in the new Non-OXY Device and charge such fee as may be determined by OXY under clause II(4) of this Agreement.

a. The Transport Service provider shall not use the Non-OXY Device for any prohibited or unlawful functions and shall use the Non-OXY Device alone in accordance with the terms of this Agreement. The Transport Service provider shall entirely be accountable and responsible for any violation of law committed by the Transport Service provider, misuse of the Non-OXY Device and misuse of the sim card used in the Non-OXY Device.

b. in the event the Service provider App isn't functioning properly on the Non-OXY . The device, the Transport Service provider shall instantly deposit the Non-OXY Device only at OXY’s designated offices for any malfunctions with the Service provider App and compatibility of the Non-OXY Device with the Service provider App.

c. If the Non-OXY Device is broken and isn't serviceable because of any act or omission of the Transport Service provider, the Transport Service provider shall instantly approach solely OXY’s designated offices with a new Non-OXY Device for installation of the Service provider App on the new Non-OXY Device. In this connection, OXY might charge such fees as could also be determined by OXY for re-installation of the Service provider App in the Non-OXY Device. Additionally, the Transport Service provider might also request OXY to provide an OXY Device, as set out in clause 2(e) below. If the Transport Service provider is unable to bring a replacement Non-OXY Device or acquire an OXY Device in accordance with clause II(5) below, OXY shall be entitled to terminate this Agreement besides the Exhibits with immediate effect.

2. OXY Device: For registration on the Service provider App, if the Transport Service provider doesn't have a Non-OXY Device, OXY can give a device, of such model and practicality as may be required by OXY. Further, OXY may provide different additional devices to the Transport Service provider including but not restricted to devices the usage and purposes of which will be determined and notified by OXY to the Transport Service provider from time to time. All the devices provided by OXY to the Transport Service provider shall be collectively stated as “OXY Device(s)”.

a. OXY can assist the Transport Service provider in installing the Service provider App and alternative programs together with but not restricted to software, applications, and content, as may be entirely determined by OXY, in the OXY Device(s) provided by OXY.

b. OXY will instruct and train the Transport Service provider for use of the OXY Device(s) if needed.

c. The Transport Service provider shall not use the OXY Device(s) for any prohibited or unlawful functions including restricted to playing/watching pornographic content on the OXY Device and shall use the OXY Device(s) exclusively for purposes determined by OXY and strictly in accordance with this Agreement. The Transport Service provider shall solely be accountable and answerable for any violation of law committed by the Transport Service provider, misuse of the OXY Device(s) and misuse of the sim card provided, if any, with the OXY Device(s).

d. The Transport Service provider shall ensure that the OXY Device(s) is maintained in his possession in a very proper manner. OXY may, at its sole discretion, charge such amounts as may be determined by OXY, as non-interest bearing security, for the OXY Device(s) provided to the Transport Service provider. Further, OXY may, at its discretion, return the security quantity to the Transport Service provider at the expiration or termination of this Agreement.

e. In the case the OXY Device(s) isn't functioning properly or if there's any technical or safety issue in reference to the OXY Device(s), the Transport Service provider shall immediately deposit the OXY Device(s) only at OXY’s selected office for checking the OXY Device(s) for any malfunctions. If the OXY Device(s) is broken and isn't fixable due to any act or omission of the Transport Service supplier, the Transport Service supplier shall pay to OXY amounts, as may be determined by OXY. in order to resolve whether or not the OXY Device(s) is broken due to any act or omission of the Transport Service provider, OXY can inquire and investigate the matter within the manner determined by OXY and in this affiliation, OXY’s decision shall be final and binding. Upon payment of the preceding amount, OXY shall give the Transport Service provider with a new OXY Device(s). If the Transport Service provider is unable to pay such amount as specified above, the Transport Service provider shall return the damaged OXY Device(s) and OXY shall be entitled to terminate the Agreement with immediate impact.

f. In the event, the OXY Device(s) is misplaced by the Transport Service provider or if it's stolen from Transport Service Provider’s Vehicle, the Transport Service provider shall promptly inform OXY in writing and instantly proceed to file an FIR in the police station within the jurisdiction. Once FIR is filed, Transport Service provider shall submit the FIR copy along with amounts, as may be determined by OXY. The Transport Service provider shall absolutely cooperate with OXY and also the authorities throughout the investigation process in reference to the misplaced or stolen OXY Device(s). in the event Transport Service provider fails to file an FIR for loss of OXY Device(s) or if in OXY’s opinion, fails to cooperate with OXY and authorities, OXY shall be entitled to terminate the Agreement with immediate impact, without prejudice to OXY’s rights under this Agreement and under applicable law.

g. Upon termination of this Agreement or deactivation of your Account, the Transport Service provider shall immediately return the OXY Device(s) and in any event not later than 24 (Twenty Four) hours from the date of such termination or deactivation.

h. The Transport Service provider shall not create any lien, pledge, encumbrance or alternative third-party security interests in any manner on OXY Device(s).

i. The Transport Service provider shall be chargeable for the security and safety of the OXY Device(s).

j. The Transport Service provider shall use the OXY Device(s) with due care and caution and not do something or allow anything to be done that may cause harm to the OXY Device(s) or that's contrary to the instructions and training provided to the Transport Service provider in reference to the use of OXY Device(s).

k. OXY shall be entitled to call upon the Transport Service provider for review and examination of the OXY Device(s). On being called upon, Transport Service provider shall report back to the selected offices of OXY within 2 (2) days from the date of request from OXY. The Transport Service provider shall fully cooperate with OXY in conducting such inspection of the OXY Device(s). in the event, the Transport Service provider fails to provide the Vehicle for review within the prescribed timeline commenced in this Clause II(13) or doesn’t cooperate with OXY for review, OXY shall be entitled to take legal action under this Agreement and applicable laws.

III. Representations and Warranties

1. The Transport Service provider represents and warrants that the Transport Service provider is the registered owner or the renter, as the case may be, of the Vehicle(s) and allow holder for the provision of Transport Services of the Vehicle(s).

2. The Transport Service provider represents and warrants that the Transport Service provider has all requisite power and authority to deliver and perform the obligations obligatory herein.

3. The Transport Service provider represents and warrants that moving into and performance of the transactions contemplated by this Agreement and Transport Service provider T&C doesn't and cannot conflict with any law or regulation applicable to the Transport Service provider or any guidelines, rules, laws including any judicial, official, governmental and/ or statutory and/or restrictive orders and/or judgments whether interim, final or otherwise or with any other contract to which the Transport Service provider is a party.

4. The Transport Service provider warrants that the OXY Device(s) given to him by OXY are going to be maintained in his possession in a correct manner. The Transport Service provider shall guarantee Transport Service Provider’s continued performance under this Agreement isn't compromised with.

5. The Transport Service provider herewith expressly agrees that the Transport Service provider shall not use the Device for any unlawful functions.

6. The Transport Service provider warrants that the Devices (OXY Device(s) or Non-OXY Device) will be used just for the aim commenced below this Agreement.

7. The Transport Service supplier represents and warrants that the Transport Service provider has not been condemned by any court in India for any cognizable offense or an offense punishable with imprisonment for more than three years, under the laws of India.

IV. Disclaimer

1. You agree that OXY’s role is prescribed to (a) managing and operating the Portal and the Service provider App and being a market place entirely for the display of the Transport Services within the manner decided by OXY unilaterally, (b) being an online booking platform facilitating the provision of Transport Services by the Transport Service provider to the users of the Portal, and (c) payment assortment through an e-wallet (OXY cash powered by OXY loan) to facilitate the transactions between Transport Service provider and the users of Portal. Accordingly, OXY is just an intermediary providing online marketplace services and the Service provider App is merely a platform wherever Transport Service provider shall offer Transport Services to the users on the execution of the Agreement and registration and acceptance by users of the customer terms and conditions on the Portal.

2. OXY disclaims and shall disclaim all representations and warranties to the Transport Service provider, of any kind, whether specific or implied on condition, suitability, quality, merchantability and fitness for any purposes in respect of the OXY Device(s), Service provider’s App and Portal or the services provided through the Service Provider App on the Portal and consequently, disclaims all liabilities, whether civil, criminal, tortious, or otherwise, that may accrue as a consequence of the use and access of OXY Device(s), Service Provider’s App and Portal.

3. To the extent permissible under applicable laws, OXY disclaims and shall disclaim all liabilities, whether civil, criminal, tortious, or otherwise, that may accrue as a consequence of the breach by the Transport Service provider (a) of the applicable laws in respect of the Transport Services; (b) of the terms of the applicable licenses and permits that are issued by the transport authorities; (c) of the terms of the Transport Service provider T&Cs; or (d) of the duty of care the Transport Service provider owes to the users of the Portals.

4. OXY doesn't warrant to the Transport Service provider that the Transport Service provider will be able to use the OXY Device(s), Service supplier App on the Portal at all times or locations or that the OXY Device(s) and service provider App on the Portal and therefore the Transport Services provided through the Service provider App on the Portal are going to be uninterrupted or virus free or error-free or free from any technical glitches or malicious software and that the defects will be corrected by OXY.

V. PAYMENT TERMS

In consideration of OXY providing the Transport Service Provider’s and also the Vehicle’s info on the Portal, and for enabling the Transport Service provider to provide Transport Services through Service provider App on the Portal, numerous payments, more significantly set out within the commercial Terms segment annexed hereto as Exhibit C, between the Transport Service provider and OXY (“Fees”) shall be settled in the manner set out and paid in the manner set out in the commercial Terms segment annexed hereto as Exhibit C.

VI. CONFIDENTIALITY

The Transport Service provider acknowledges that consistent with the present Agreement, the Transport Service provider can have access to confidential information of OXY and its affiliates that have been provided by OXY. The Transport Service provider undertakes to keep confidential all information and other confidential information of OXY and shall not sell or otherwise make that information available to any third party. Confidential information shall mean and embrace all information, whether verbal or written, disclosed to the Transport Service provider by OXY or Portal users, as the case may be, however not be restricted to Portal users details (i.e., Personal info and sensitive personal info as defined under the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011), phone numbers, market information, all work merchandise and documents connected thereto, the contents of the Service provider App / Portal or any other information, whether provided orally or in writing, received or to be received by the Transport Service provider. Further, the confidential information at no times will be disclosed to any party in the same or similar business as that of OXY (“Competitor”). In the event, OXY becomes aware that the confidential information has been disclosed to a rival or has been used for the benefit/interest of the competitor, OXY will claim such direct and indirect damages because it might suffer due to such losses.

VII. LICENSE AND PROPRIETARY RIGHTS

1. License Grant: Subject to the terms and conditions of this Agreement, OXY herewith grants the Transport Service provider a limited, non-exclusive, non-transferable, non-sub licensable, non- assignable license, throughout the term of this Agreement, to the Service provider App on the Portal of OXY entirely for the aim of providing Transport Services to the Portal users and also for settlement of Fees between OXY and Transport Service provider. All rights not expressly granted to the Transport Service provider are reserved by OXY.

2. Ownership: The Portal, Service provider App and confidential information, as well as however not restricted to all intellectual property rights such as company name, logos, product and service names, trademarks, services marks or alternative indicia of ownership (“OXY Intellectual Property”), shall remain (as between the Transport Service provider and OXY) the property of OXY. Neither this Agreement, the Transport Service provider T&C nor Transport Service provider’s use of the Portal and service provider App conveys or grants to the Transport Service provider any rights: (a) in or related to the Portal and service Provider App, apart from the restricted license granted above; or (b) to use or reference in any manner OXY’s intellectual property.

3. The Transport Service supplier agrees that it shall not reproduce, transcribe or make any copies of the OXY intellectual property, in any form or manner and not copy or reverse engineer, or attempt to derive the composition or underlying info, structure or ideas of any such OXY intellectual property.

VIII. INDEMNIFICATION

1. The Transport Service provider agrees and undertake to indemnify and to hold harmless OXY and alternative parties determined by OXY, OXY affiliates, successors, agents, assigns, and each of their directors, officers, employees, associates, agents, and representatives 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 the Transport Service provider of the Transport Service Provider’s obligations, responsibilities, representations, or warranties under the Subscription Agreement and/or Transport Service supplier T&C; (ii) breach of any service level commitments provided in Exhibit B; (ii) any infringement or unauthorized use of intellectual property rights of OXY including however not restricted to infringement of intellectual property rights of OXY in the Service provider App or Portal (iii) any breach of the confidentiality obligations of the Transport Service provider under this Agreement or Transport Service provider T&C (iv) any violation of the applicable law, applicable license and permit terms of the transport authorities; (v) any violation of OXY policies by the Transport Service Provider; (vi) any harm to the reputation and goodwill of OXY directly due to the Transport Service Provider; (v) harm, unauthorized use or loss of the Service provider App in the Device; (vii) Death, fraud, theft, misconduct, negligence or deficiency of Transport Services by the Transport Service Provider; any negligent act or omission committed in the course of Transport Services hereunder, or any misrepresentation made throughout the course of Transport Services hereunder; (xi) personal injury to or property damage of user of Portal including but not limited motor accident claims, if any, declared against OXY and its associates by reason of the use and operation of Transport Service provider’s Vehicle(S); (viii) civil or criminal offense under law or in the opinion of OXY; (xii) failure of the Transport Service Provider to make tax payments in accordance with applicable laws.

2. The Transport Service provider shall be liable to indemnify and hold OXY harmless against all damages, losses, costs, and expenses incurred by OXY as a consequence of any complaint from any user of the Portals received by OXY with relevance deficient Transport Services.

3. notwithstanding anything contained in this Agreement, however, subject to applicable laws, the total aggregate liability of OXY under this Agreement or Transport Service provider T&C whether in contract (including in respect of the indemnity), tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising out of or in connection with the performance or contemplated performance of this Agreement shall be limited to INR 1000/- (Rupees One Thousand).

IX. SPECIFIC INDEMNITY

The Driver shall be entirely accountable for any and all accidents/incidents involving the Vehicle, whereas providing the Taxi Services. OXY shall not be held liable for any such accidents/ incidents involving the Driver’s Vehicle.

All miscellaneous expenses referring to the Vehicle, like maintenance expenditures, the penalty for violation of traffic rules, etc., shall be borne exclusively by the driver, and OXY shall not be held liable or accountable for constant.

X. ENTIRE AGREEMENT

This Agreement along with, various Exhibits and Transport Service provider T&C, which Exhibits and Transport Service provider T&C will be e-contracts, shall form the entire agreement between the Parties and shall succeed and override all previous communications, either oral or written, between the Parties with reference to the subject matter of this Agreement, and no agreement or understanding varying or extending the same shall be binding upon any Party hereto unless arising out of the specific provisions of this Agreement or Transport Service Provider T&C. in the event of any contradiction between the terms contained under this Agreement and the Transport Service provider T&C, the terms of the Transport Service provider T&C shall prevail.

XI. TERM AND TERMINATION

1. This Agreement shall be valid for a period of 5 (five) years and shall be revived automatically unless otherwise agreed between the Parties.

2. The Parties to this Agreement shall be entitled to terminate this Agreement with a prior written notice of 7 (seven) business days to the other Party without assigning any reason for the termination.

3. OXY shall be entitled to terminate this Agreement immediately for breach of any terms in this Agreement by the Transport Service provider.

4. Upon termination of this Agreement, the registration of the Transport Service provider with OXY shall stand canceled and the Account shall be terminated and therefore the Transport Service provider shall not be eligible to ply his Vehicle(s) on the Service provider App on OXY’s Portal.

XII. NOTICE

1. Any notices, requests and other communications needed or permitted hereafter shall be in writing and may be sent by any of the following means to the receiving Party at the relevant addresses set forth in this Agreement:

I. By electronic mail.

For the needs of this sub-clause, the Parties’ electronic mail addresses shall be the following unless otherwise intimated by the Parties to each other,

OXY: help@OXYcabs.com;

Transport Service Provider: As provided throughout attachment.

ii. By SMS sent to mobile number at:

OXY: Not Applicable;

Transport Service Provider: As provided throughout attachment.

iii. By hand, against a written acknowledgment of receipt by the receiving Party.

iv. By mail.

2. In the event the delivery of the notice is tried to be created by means set out in clauses XI (1)(iii) and (iv) by the Party, the notice shall be deemed delivered on the third day from the date of the notice.

XIII. RELATIONSHIP BETWEEN PARTIES

i. Throughout the Term of this Agreement, the Transport Service provider shall operate as and have the status of an independent contractor and shall not act as, be or construed to be an agent or employee of OXY. The relationship between the Parties is on a principal-to-principal basis, and none of the provisions of this Agreement shall be interpreted as making the connection of employer and employee between the Transport Service provider and OXY at any time, under any circumstances or for any purpose. Therefore, the Transport Service provider will not be entitled to any employee benefits, statutory or otherwise, offered by OXY to its employees including however not restricted to wages, vacation pay, sick leave, retirement benefits, Social Security, worker's compensation, health or disability benefits, or employee benefits of any kind. The Transport Service provider shall be responsible for the payment of all applicable taxes to which he may be subject as an independent contractor.

ii. The Transport Service provider agrees not to assume or create any obligation or responsibility, express or implied, on behalf of or in the name of OXY. The Transport Service provider does not have the authority to form, modify or terminate a contractual relationship(s) between OXY and any third party and act for or bind OXY in any respect. Any act of the Transport Service provider on behalf of OXY which can be thought to be over and above the duties and responsibilities as provided in this Agreement shall be deemed to be unauthorized, unlawful and the Transport Service provider shall be personally answerable for constant.

DETAILS OF VEHICLE AND THE TRANSPORT SERVICE PROVIDER

Part I- Details of Vehicle:

A. Information to be provided:

- Vehicle’s license plate number;

- Chassis or engine number;

- Such other information as may be required by OXY. B. Documents to be provided:

- PUC;

- Sale deed;

- Passbook or canceled cheque;

- Copy of Certificate of Registration;

- Copy of Certificate of Fitness;

- Copy of permit, as may be required under applicable law, to ply the Vehicle;

- Road tax receipts;

- Copy of commercial insurance policy covering the third party risks; and - Such other documents as may be required by OXY.

Part II- Details of the Transport Service Provider:

A. Information to be provided:

  • Name:
  • Permanent Address:
  • Current Address:
  • Phone no.:
  • Email Id:
  • Bank Account details of the Transport Service Provider (Bank name, account number and IFSC Code);
  • Bank Account details of the Beneficiary (if any);
  • Contact details of 2 (two) family members of the Transport Service Provider; and such other documents/ information as may be required by OXY

B. Documents to be provided:

- A passport size photograph of the Transport Service Provider;

- Copy of valid Driving License of drivers who will be employed by Transport Service Provider to provide services on the OXY platform;

- Copy of the Public Service Badge issued by the relevant Transport Department of drivers who will be employed by Transport Service Provider to provide services on OXY platform;

- Copy of the Police verification report of the drivers who will be employed by Transport Service Provider to provide services on OXY platform. Provided that, for purposes of the police verification, if OXY or OXY’s authorized agency is assisting the Transport Service Provider with police verification process, the Transport Service Provider authorizes OXY or OXY’s authorized agency, as the case may be, for appearing, signing and executing documents in respect of police verification of the Transport Service Provider from time to time;

- Self-attested copy of the EPIC Card;

- Self-attested copy of PAN Card of Transport Service Provider;

- Copy of residential proof such as utility bill, ration card, passport etc. of the Transport Service Providers and drivers employed by Transport Service Provider to provide services on OXY Platform;

- Passbook or canceled cheque of Transport Service Provider;

- Vehicle ownership document and

- Such other documents/ information as may be required by OXY.

Notes:

*Complete details on the OXY Registration Page at partners.OXYcabs.com

*In case of operator attachments, for Part I) and Part II (B), please provide information/documents of all the Vehicles/drivers proposed to be used for Transport Services.

Exhibit A isn't applicable to the present Transport Service providers, whose data/documents are already accessible with OXY. as long as if any data/document listed in the Exhibit A wasn't provided by the existing Transport Service provider at the time of attachment to OXY Portal, the Transport Service provider shall contact the nearest OXY attachment offices and submit such information/documents to OXY.

EXHIBIT-B
TRANSPORT SERVICE PROVIDER TERMS AND CONDITIONS
DRIVER TERMS AND CONDITIONS

These Terms and Conditions (as defined) shall be applied as set out below-

1. If the Transport Service provider (as defined in the Subscription Agreement) is an Operator providing Services to the customers through the Drivers employed by the Operator, these Terms and Conditions shall be interpreted in the manner so as to apply to the Operator further as to the Drivers employed by the Operator; and

2. If the Transport Service provider is an individual providing Services to the customers directly, these Terms and Conditions shall be taken within the manner thus on apply to an individual Transport Service provider Operator.

DEFINITIONS:

All of the outlined and capitalized terms in these Driver T&C will have the means assigned to them hereinbelow. Any term not outlined here shall have the means allotted to it in the Subscription Agreement.

“Acceptance” means your affirmative action of clicking on the box against the words “ACCEPT & CONTINUE” provided at the end of these Driver T&C, by which action, you unequivocally accept the driver T&C and any modifications thereof.

“Account” refers to the account created by OXY at its sole discretion, for the driver following the driver submitting and OXY verifying the Registration data

“Applicable Laws” shall mean and include all applicable statutes, enactments, acts of the legislature or the Parliament, laws, ordinances, rules, by-laws, regulations, notifications, guidelines, policies, directions, directives and orders of any Governmental authority, tribunal, board, or a court, in India.

“Booking” shall mean the assigned Service Request.

“Business Day” means that a day on that banks is open for business within the city of Operation.

“Cancellation Fee” shall mean the fare due by the client towards cancellation of a Booking created by a client.

“City of Operation” shall mean the city in which the Subscription Agreement is executed by and between the drivers and OXY.

“Commercial Term Segment” shall mean Exhibit C of the Subscription Agreement that contains the commercial terms for Service provided by the Drivers.

“Content” shall have the meaning given to it in 7.1.

“Convenience Fee” shall mean the fee due by the client for availing the technology services offered by OXY.

Convenience Fee is going to be charged for each Service Request placed by the client on the Portal.

“Customer” shall mean such person, who places a Service Request on the Portal and has accepted the customer Terms of Use and Privacy Policy of the Portals (as applicable).

“Customer’s Terms of Use” shall mean the Customer Terms and Conditions as provided on the OXY Portal for availing the Service.

“Device” shall mean OXY Device or Non-OXY Device, as the case may be, used for the performance of the Services.

“Driver” or “You” or “Your” or “Yourself” shall mean an individual, who has an Account with OXY and in the event of Operator Drivers, shall embody the Operator Drivers for functions of compliance with these Terms and Conditions.

“Driver App” means that the electronic interface on the OXY Portal from wherever the driver’s Account is accessible to the Driver. Login credentials (User ID and Password) for the driver App shall be provided by OXY.

“Driver Proceeds” shall mean the net amount receivable by the driver once deduction of OXY’s commission and such alternative amounts as may be provided in the commercial Terms segment or notified otherwise.

“Fare” shall mean the Fare payable to the Transport Service provider as is additionally reflected on the Device once completion of the Service. The driver permits OXY to review and revise the Fare as per the market conditions.

“Force Majeure” shall have the meaning given to in Clause 16.4.

“Information/info” shall mean the details provided with by the driver at the time of signing the Subscription Agreement and/or otherwise during and once the driver's registration on the Driver App on the Portal and successful creation of an Account.

“OXY” or “We” or “Us” or “Our” shall mean OXY Cabs private limited, a company incorporated underneath the companies Act 2013, and having its registered office at Ward No. 11, Mittal Colony Behind Power House, Kishangarh, Ajmer, Rajasthan – 305801, India, that expression shall, unless or not it's abhorrent to the context or that means therefrom, be deemed to mean and embrace all its successors, affiliates and permissible assigns.

“Operator” shall mean a transport service provider who has listed himself/itself and his / its fleet of vehicles on the Portal to provide Services to the customers through the Drivers employed by the Operator.

“Operator Drivers” shall mean the Drivers employed by the Operator for providing Services to the customers.

Parties” shall mean, collectively, the driver and OXY and “Party” shall refer to any one of them.

“Portal” shall mean such features of the OXY mobile application or alternative programs, software, mobile applications as well as however not restricted to OXY Play, OXY Tunes, and Driver App, owned by, licensed to and controlled by OXY, and other URLs as may be specified by OXY from time to time.

“Posted Content” shall have the means given to in Clause 7.4.

“Service” means the service of picking a customer from the pick-up point as prompted on the Device and dropping the customer at the drop point entered by the customer at the time of placing his / her Service Request and accepted by the driver.

“Total Ride Fee” shall embrace the Fare, the Convenience Fee, extra Fee (if any) and the Cancellation Fee (if any), reflected on the Device and such other fee, as may be applicable. “Service Request” suggests that asking placed by the customer on the Portal to avail the Service offered by the driver. “Subscription Agreement” shall mean the agreement entered into between OXY and the Driver / Operator pursuant to which the driver / Operator has in agreement to supply transport Services in accordance with these Driver T&C, as amended from time to time.

“Subscription Amount” shall mean the amount paid by the driver at the time of subscription to Portal of OXY, if any.

“OXY Policies” means the “Privacy Policy”, zero tolerance Policy & such alternative policies (including any amendments thereof), that OXY may issue and make applicable to Driver from time to time and make available to the driver on the Driver’s request.

“Term” means the period commencing from the date of acceptance of the driver T&C by the driver up to the date of termination of the Subscription Agreement and/or these Driver T&C.

“Terms and Conditions” or “Driver T&C” refers to these Driver T&C which are available at the Portal, as may be amended from time to time.

“Vehicle” shall mean ‘Motor cabs’ as defined under the motor vehicles Act, 1988.

“Wallet” shall mean the paid payment instruments available for payments in the OXY Portal.

“Zero Tolerance Policy” shall mean the policy of OXY as detailed under the Annexure to these Driver T&C, as may be amended from time to time.

1. Applicability OF DRIVER T&C

These Driver T&C together with the Subscription Agreement, commercial Term segment, Zero Tolerance Policy, OXY Policies, shall be deemed to be incorporated by reference into these Driver T&C and shall form the complete understanding between the Parties. By accepting the driver T&C, You acknowledge and agree to the Subscription Agreement and various Exhibits to the Subscription Agreement, OXY Policies and any other policy that OXY makes applicable to You from time to time, to the fullest extent possible. Additionally, you herewith perceive 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.

2. SCOPE OF SERVICES

2.1 You agree that OXY’s role is limited to being a market place entirely for managing and operating the Portal for the display of the Service in the manner decided by OXY unilaterally, payment collection through cash, or wallet to facilitate the transactions between You and the Customers. Accordingly, OXY is simply an intermediary providing online marketplace service and the Portal is only a platform where you shall offer Service to the customers. The contract for availing the Service shall be a contract solely between you and the customer. At no time shall OXY have any obligations or liabilities in respect of such contract.

2.2 The Driver confirms and undertakes that OXY does not own or in any way control the The vehicle used by a Driver rendering the said Service to the customer. OXY shall not be held liable or accountable in any manner whatsoever for any insufficiency or deficiency of the Service rendered by the driver to the customer. OXY doesn't make any representations or warranties regarding the quality of the Service provided by you.

3. SERVICE REQUESTS

3.1 On receipt of a Service Request, Booking will be assigned to the driver on the Device or in such alternative manner as may be agreed between the drivers and OXY from time to time.

3.2 The Driver shall duly complete all Bookings allotted in reference to the Services and promptly notify OXY immediately by means of short message service / telephonic calls of any changes/deviations to the Booking, which can have an effect on the availability of the Service.

3.3 In the event the driver needs any help in reference to the Portal, Service Requests, and Service etc. therein, he/she should contact the OXY center. If the assistance pertains specifically to the Device, Driver App, Portal or anything therein, then such issue may be directed to the call centers of OXY.

3.4 Upon a Service Request being assigned to the driver on the driver App, OXY might give to the customer, 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 OXY might deem fit, as the case may be, required by the customer to identify the driver and Vehicle.

3.5 Once a Booking is assigned, OXY can provide the driver with the required customer information in order to enable the driver to satisfactorily provide the Service. Such information shall be treated as confidential information in terms of Clause 13 below.

3.6 In the event, the driver is a female; the driver shall not accept Service Requests from 20:00 hours in the evening to 08:00 hours in the morning.

4. COMMUNICATION

4.1 When you use the driver App on OXY’s Portal or send emails or other data, information or communication to OXY, You agree and perceive that you are communicating with OXY through electronic records and You consent to receive communications via electronic records from OXY periodically and as and once needed. OXY may communicate with you by email or by such other mode of communications, electronic or otherwise.

4.2 You hereby expressly consent to receive communication from OXY through your registered phone number and/or e-mail id. You consent to be contacted by OXY via phone calls/ SMS notifications. You agree that any communication so received by You from OXY will not amount to spam, unsolicited communication or a violation of Your registration on the ‘national do not call registry’.

4.3 By registering with OXY, You hereby agree to (i) provide information that OXY includes a legal duty to request from a Driver on account of the know Your customer norms under Applicable Laws as well as without limitation your Permanent Account number (PAN); and (ii) undertake due diligence and update Yourself on Applicable Laws that may have implications on Your liability as a Driver.

4.4 You acknowledge and agree that your information may be transferred or stored in a Server outside India or the country where you are located in order to perform OXY’s obligations under these Driver T&C.

5. OBLIGATIONS OF the driver

5.1 The Driver shall guarantee and ensure that he understands the language of the driver App / Portal and shall ensure that he/she chooses the language that he bests understands from amongst the languages that the driver App / Portal supports.

5.2 The Service provided through the Portal by the driver shall be of the highest quality as per industry standards and in accordance with the oral and written requirements of OXY. The driver shall be accountable for any loss caused to OXY and/or the customer due to the negligence of the driver in the performance of the Service.

5.3 The Driver be deemed to be informed and shall additionally strive to stay informed about conditions like bandhs, strikes, curfews, traffic disruptions, weather conditions and the like that could affect the Service. The driver shall, immediately intimate OXY, and disclose any such aforesaid calamity that he may become aware of.

5.4 The Driver shall provide the Service to the customers in a courteous, effective and timely manner.

5.5 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 a vehicle on the Portals.

5.6 The Driver shall not undertake or assist in any unlawful or criminality whereas activity Services.

5.7 The Driver, or any Transport Service provider shall not allow unauthorized persons to drive the Vehicle. OXY reserves the right to take any action at its sole discretion for any violation by the driver or the Transport Service provider, which can extend to but not restricted to termination and/or different legal action.

5.8 The Driver or any Transport Service provider shall ensure the safety and security of the customers, his own self and that of the vehicle at all times.

The Driver shall immediately bring to the notice of OXY any deviation from the provision of the Service/s as required under the terms of these Driver T&C, including but not limited to any accidents, damage to life or property.

1.1 The Driver agrees that any breach of the Subscription Agreement or these Driver T&C by him/her is likely to cause OXY substantial and irreparable damage and therefore, in the event of any such breach, in addition to such other remedies which may be available OXY shall have the right to specific performance and injunctive relief.

1.2 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 Customer and/or OXY 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.

1.3 The Driver shall ensure that he is not using the Device for any purpose other than for providing Service in the manner provided under these Driver T&C. The Driver shall ensure that the Device is not busy for long, unavailable or switched off while the Vehicle is being piled on the Portal.

1.4 The Driver shall not use / access video / interactive content on the Portal when the Driver is driving the Vehicle. However, during halts / stops requested by the Customer, Driver may access video / interactive content on the Portal, provided that the Driver shall ensure that such access/use during halts/stops doesn’t lead to the deficiency of Service or negligence towards the Customer.

1.5 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.

1.6 The Driver shall ensure that the Customer pays the Total Ride Fee as well as an additional surcharge (if applicable) and any fee or levy presently payable or hereinafter imposed by Applicable Law. In the event, the Customer pays by cash for the Services, the Transport Service Provider shall collect the Total Ride Fee and remit the Convenience Fee and Cancellation Fee (if any), to OXY in the manner solely determined by OXY.

1.7 The Driver will have a functioning mobile number and also have the ability to read text messages sent by OXY, regarding the Customer details and to convey Customer feedback.

1.8 In the event any Customer leaves his/her property in the Vehicle, the same shall not be pilfered or tampered with by the Driver and shall be reported immediately by the Driver directly to OXY. In the event the Driver pilfers or tampers with the property of the Customer, the Driver shall be solely liable for any damages claimed by the Customer and OXY may at its sole discretion terminate the Driver’s registration and disable the Driver’s access to the Portal. OXY shall in no event be liable for loss of or damage caused to the property of the Customer.

1.9 Driver hereby acknowledges and agrees that OXY shall alone be responsible for settling any payment related issues between Customer and Driver. In case of any conflict, the Driver shall seek instructions from OXY. The Driver agrees that the decision taken by OXY shall be final and binding on the Driver in the aforesaid case.

1.10 The Driver shall make himself/ herself available for such training as OXY may be required to organize pursuant to Applicable Law or as OXY may deem necessary from time to time.

1.11 The Vehicle shall be the sole responsibility of the Drivers and the Driver shall be liable or responsible for any loss or damage to the Vehicle caused by a Customer or any other third party for any reason whatsoever.

1.12 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 Customer. The driver shall take all calls from the Customer and OXY 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.

1.13 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 OXY in case of any cancellation or refusal of allotted Booking. Further, the Driver hereby agrees such cancellation or refusal to provide Service may lead to a reduction in form of withholding of part or whole of the Driver Proceeds.

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

The Driver shall be solely responsible for

a. Any failure to complete a Service Request accepted by the Driver;

b. Any failure to pick up Customer(s) at the allotted time and/or place;

c. 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;

d. any nuisance or damage caused to the property of OXY by the Driver or any misbehavior with OXY representatives; misbehavior shall include within its purview using abusive language, causing physical harm and making indecent gestures; vi. Any physical and/or mortal danger caused to the Customers whilst using or in connection with the Service; vii. Any delay of more than 10 (ten) minutes caused to the Customer(s); and

e. Charging excess Total Fee from the Customer or charging the Customer more than what is displayed on the meter, and ix. The Driver, shall not either directly or indirectly:

f. Engage in any conduct that damages the reputation or causes inconvenience in any manner, to OXY; or ii. Be the reason for OXY to be a part of any negative publicity.

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

5.10 Driver will maintain all relevant books, records, and accounts relating to the Services provided by Driver and payments collected. Upon reasonable notice, OXY may auditor may appoint a qualified independent auditor to audit, the books and records of the Driver to verify the accuracy of the number of payments collected by the Driver. If such audit reveals any discrepancies with respect to the payment collected and submitted to OXY, then in addition to OXY retaining the right to exercise other remedies, may require the Driver to promptly pay OXY an amount equal to the discrepancy and may ask for an additional amount as fine from the Driver. The audits will be conducted at OXY ’s expense; provided, however, that if the audit reveals an underpayment by the Driver with respect to collection and submission of payments to OXY in excess of 5% (five percent), then Driver, in addition to payment obligations described above, will promptly reimburse OXY for all reasonable, third-party audit fees.

5.11 OXY may require the Driver to affix OXY brand including but not limited to its logo/sticker on the Vehicle. In such event, Driver shall extend all necessary support and assistance to OXY for affixing OXY brand on the Vehicle. It is hereby clarified that Driver will not be entitled to any additional payments for the OXY logo/sticker affixed on the Vehicle if any. OXY logo/sticker/ brand will be affixed subject to the provisions of Clause 14.4(v) of these Driver T&C.

6. DEVICE

The provisions relating to OXY Device(s) and Non-OXY Device shall be as set out in the Subscription Agreement.

7. CONTENTS POSTED ON PORTAL / DRIVER APP

7.1 All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Portal / Driver App is owned, controlled or licensed by or to OXY and is protected under the Applicable Law.

7.2 Except as expressly provided in these Driver T&C, the Driver shall not:

(i) Copy, reproduce, modify, damage, disassemble, decompile, reverse engineer or create derivative works including, without limitation, translations, transformations, adaptations or other recast or altered versions) from the Portal / Driver App, or any portion thereof;

(ii) Breach, disable, tamper with, or develop or use (or attempt) any workaround for any security measure provided in the Portal / Driver App;

(iii) Send spam or otherwise duplicative or unsolicited messages in violation of applicable laws, send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortuous material, including material harmful to children or violation of third party privacy rights; (iv) Store or disseminate material containing software viruses, worms, trojan horses or other harmful computer code, files, scripts, agents or programs;

(v) Use the Portal / Driver App in a way that infringes or misappropriates a third party’s intellectual property rights or personal rights;

(vi) Use any device, software, or routine to interfere or attempt to interfere with the proper working of the Portal / Driver App or any activities conducted on the OXY’s servers;

(vii) Copy, sell, sub-license or assign the Portal / Driver App, and its rights under these Driver T&C, without the prior written consent of OXY;

(viii) Distribute, disclose or allow the use of the Portal / Driver App by any third party in any format, through any timesharing service, service bureau, network or by any other means; or

(ix) Merge or combine the Portal / Driver App with any other technology not provided by OXY.

7.3 You may use information on the Portal / Driver App purposely made available by OXY for downloading from the Portal / Driver App, provided that you:

(i) do not remove any proprietary notice language in all copies of such documents; or

(ii) use such information only for Your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media; or

(iii) make no modifications to any such information; or

(iv) Do not make any additional representations or warranties relating to such documents.

7.4 You shall be solely responsible for any notes, messages, e-mails, billboard postings, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information posted or transmitted to the Portal / Driver App (“Posted Content”), provided that such Posted Content is not restricted or prohibited under Applicable Laws or such Posted Content is not infringing any third party’s proprietary rights. Subject to the foregoing, such Posted Content will become OXY’s property and you grant OXY the worldwide, perpetual and transferable rights in such Posted Content. OXY shall be entitled to, use the Posted Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include Posted Content. You agree that any Posted Content may be used by OXY in the manner that OXY deems fit, consistent with Applicable Laws and you are not entitled to any payment or other compensation for such use of Posted Content by OXY. OXY will use such information in accordance with the Driver T&C including any OXY Policies. You hereby represent and warrant that you have necessary rights to all the Posted Content and information you provide and are authorized to provide such Posted Content and information for the Portal. Notwithstanding anything contained in this Section, You shall be solely responsible for any liability arising out of the Posted Content on the Portal.

8. OXY’S RESERVED RIGHTS

8.1 OXY may, upon notice to the Driver, delist or remove the Information pertaining to the Driver from the Portal / Driver App.

9. PRIVACY TERMS

Disclosure of your information. subject to applicable law, company and its affiliates may, but shall not be required to, provide to you, a user, an insurance company and/or relevant authorities and/or regulatory agencies any information (including personal information (e.g., information obtained about you through any background check) and any company data) about you or any transportation services provided hereunder if: (a) there is a complaint, dispute or conflict, including an accident, between you and a user; (b) it is necessary to enforce the terms of this agreement; (c) it is required, in company's or any affiliate's sole discretion, by applicable law or regulatory requirements (e.g., company or its affiliates receive a subpoena, warrant, or other legal process for information); (d) it is necessary, in company's or any affiliate's sole discretion, to (1) protect the safety, rights, property or security of company or its affiliates, the OXY services or any third party; (2) to protect the safety of the public for any reason including the facilitation of insurance claims related to the OXY services; (3) to detect, prevent or otherwise address fraud, security or technical issues; (4) to prevent or stop activity which company or any of its affiliates, in their sole discretion, may consider to be, or to pose a risk of being, an illegal, unethical, or legally actionable activity); or (e) it is required or necessary, in company's or any

9.1 Affiliate’s sole discretion, for insurance or other purposes related to your ability to qualify, or remain qualified, to use the OXY services. You understand that the company may retain your personal data for legal, regulatory, purposes after this agreement is terminated

10. REPRESENTATIONS AND WARRANTIES; DISCLAIMERS

10.1 By you. You hereby represent and warrant that:

(a) You have full power and authority to enter into this agreement and perform your obligations hereunder; b) You have not entered into, and during the term will not enter into, any agreement that would prevent you from complying with this agreement; and

(c) you will comply with all applicable laws in your performance of this agreement, including holding and complying with all permits, licenses, registrations and other governmental authorizations necessary to provide (i) Transportation services using the vehicles pursuant to this agreement, and (ii) passenger transportation services to third parties territory generally.

10.2 DISCLAIMER OF WARRANTIES.

Organization and its affiliates provide, and you accept, the OXY services, driver app and the company devices on an "as seems to be" and "as available" basis.

Organization and its affiliates do not represent, warrant or guarantee that you're access to or use of the OXY services, driver app or the company devices:

(a) Will be uninterrupted or error-free, or (b) will result in any requests for transportation services. Organization and its affiliates function as an on Request lead generation and related service only and make no representations, warranties or guarantees as to The actions or inactions of the users who may request or receive transportation services from you, and company and its affiliates do not screen or otherwise evaluate users. By using the OXY services and driver Application, you acknowledge and agree that you may be introduced to a third party that may pose harm or risk to you or other third parties. You are advised to take reasonable precautions with respect to interactions with third parties encountered in connection with the use of the OXY services or driver app. notwithstanding the company's appointment as the Constrained payment collection agent of you for the purpose of accepting Installment from users on your behalf as set forth in section 4 above, company and its affiliates expressly disclaim all liability for any act or omission of you, any user or other third party.

10.3 No service guarantee.

Organization and its affiliates do not guarantee the availability or uptime of the OXY services or driver app. You acknowledge and agree that the OXY services or driver app may be unavailable at any time and for any reason (e.g., Because of scheduled maintenance or network failure). Further, the OXY services or Driver app may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications, and company and its affiliates are not responsible for any delays, delivery failures, or other damages, liabilities or losses resulting from such problems.

11. DISCLAIMER

11.1 You understand and acknowledge that OXY disclaims and shall disclaim all representations and warranties to the Customer, of any kind, whether express or implied as to condition, suitability, quality, merchantability and fitness for any purposes in respect of any and all Vehicles of the Driver that are used by the Customers as a part of the Services and Services offered by the Driver through the Portal.

11.2 OXY does not warrant that You will be able to use the Portal / Driver App and/ or will be able to provide the Service/(s) at all times or locations on the Portal or that the Portal / Driver App and the Services provided through the Portal / Driver App will be uninterrupted or error-free or that the defects will be capable of being corrected by OXY in a timely fashion. OXY’s Portal and all other technology developed and installed on the Device by OXY are provided on an “AS IS” and “AS AVAILABLE” basis and OXY specifically disclaims all warranties and indemnities, express, implied or statutory, including without limitation any warranty of merchantability, fitness for a particular purpose, accuracy, completeness, or any other warranty arising from the course of performance or course of dealing. OXY also does not provide any warranties as regards the compatibility of OXY’s Portal, Driver App or any other installed technology with the Device of the Driver and the results as well as the performance of the Portal / Driver App may vary depending on the model of the Device.

12. CONFIDENTIALITY

12.1 You acknowledge that pursuant to this Driver T&C, You will have access to confidential information of OXY and its affiliates which has been provided by OXY. You undertake to keep confidential all data and other confidential information of OXY and shall not sell or otherwise make that information available to any third parties.

12.2 Except as otherwise agreed, the data of Customers will be the exclusive property of OXY, and You will not use the same for Your own purpose or distribute such data in any form or means except for the purpose of these Driver T&C and shall keep it confidential at all times. Confidential information would include but not be limited to Customer details, market information, all work products and documents related thereto, the contents of the Portal, Driver App or any other information which is treated as confidential by OXY, and any other information, whether orally or in writing, received or to be received by You which is agreed to be treated as confidential, whether expressly or by implication.

13. INDEMNIFICATION

YOU SHALL INDEMNIFY, DEFEND (AT COMPANY'S OPTION) AND HOLD HARMLESS COMPANY AND ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS FROM AND AGAINST ANY AND ALL LIABILITIES, EXPENSES (INCLUDING LEGAL FEES), DAMAGES, PENALTIES, FINES, SOCIAL SECURITY CONTRIBUTIONS AND TAXES ARISING OUT OF OR RELATED TO:

(A) THE BREACH OF YOUR REPRESENTATIONS, OBLIGATIONS UNDER THIS AGREEMENT; OR (B) A CLAIM BY A THIRD PARTY (INCLUDING USERS, REGULATORS, AND GOVERNMENTAL AUTHORITIES) DIRECTLY OR INDIRECTLY RELATED TO YOUR PROVISION OF TRANSPORTATION SERVICES OR USE OF THE OXY SERVICES. NOT APPLY TO YOUR BREACH OF ANY REPRESENTATIONS REGARDING INDEPENDENT CONTRACTOR.

14. LIMITATION OF LIABILITY.

COMPANY AND ITS AFFILIATES SHALL NOT BE LIABLE UNDER Or then again RELATED TO THIS AGREEMENT FOR ANY OF THE FOLLOWING, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE: (I) ANY INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR OTHER INDIRECT DAMAGES OF ANY TYPE OR KIND; OR (II) YOUR OR ANY THIRD PARTY'S PROPERTY DAMAGE, OR LOSS OR INACCURACY OF DATA, OR LOSS OF BUSINESS, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE. Aside from COMPANY'S OBLIGATIONS TO PAY AMOUNTS DUE TO YOU PURSUANT TO SECTION 4 ABOVE, BUT SUBJECT TO ANY LIMITATIONS OR OTHER PROVISIONS CONTAINED IN THIS AGREEMENT WHICH IS APPLICABLE THERETO, IN NO EVENT SHALL THE LIMITATION OF COMPANY OR ITS AFFILIATES UNDER THIS AGREEMENT EXCEED THE NUMBER OF SERVICE FEES ACTUALLY PAID TO OR DUE TO COMPANY HEREUNDER IN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM.

15. DISCLAIMER

15.1 You understand and acknowledge that OXY disclaims and shall disclaim all representations and warranties to the Customer, of any kind, whether express or implied as to condition, suitability, quality, merchantability and fitness for any purposes in respect of any and all Vehicles of the Driver that are used by the Customers as a part of the Services and Services offered by the Driver through the Portal.

> 15.2 OXY does not warrant that You will be able to use the Portal / Driver App and/ or will be able to provide the Service/(s) at all times or locations on the Portal or that the Portal / Driver App and the Services provided through the Portal / Driver App will be uninterrupted or error-free or that the defects will be capable of being corrected by OXY in a timely fashion. OXY’s Portal and all other technology developed and installed on the Device by OXY are provided on an “AS IS” and “AS AVAILABLE” basis and OXY specifically disclaims all warranties and indemnities, express, implied or statutory, including without limitation any warranty of merchantability, fitness for a particular purpose, accuracy, completeness, or any other warranty arising from the course of performance or course of dealing. OXY also does not provide any warranties as regards the compatibility of OXY’s Portal, Driver App or any other installed technology with the Device of the Driver and the results as well as the performance of the Portal / Driver App may vary depending on the model of the Device.

16. TERMINATION OF DRIVER REGISTRATION

16.1 The Parties to these Driver T&C shall be entitled to terminate these Driver T&C with a prior written notice of 7 (seven) Business Days to the other Party without assigning any reason for the termination.

16.2 The Parties to these Driver T&C shall be entitled to terminate these Driver T&C for any breach of any obligations, representations or warranties, or any other material terms as contained in this Driver T&C by a Party which is not the Party proposing to terminate the Driver T&C at the end of 5 (five) days from the intimation of such breach to the breaching Party, if such breach is not rectified within 5 (five) days.

16.3 Upon termination of these Driver T&C in the manner set out in Clause 14.1 and 14.2 above, the registration of the Driver on the Portal shall stand canceled and the Account shall be terminated and the Driver shall not be eligible to ply his Vehicle on the Portal.

16.4 Upon the expiry or early termination of these Driver T&C:

i. The Driver shall pay to OXY all amounts due and owing to OXY.

ii. OXY may, at its own discretion, return the Subscription Amount with such deductions as may be required to be made for the amounts and penalties/ Suspect Charges due to be paid by the Driver to OXY under these Driver T&C.

iii. On the termination of Your registration, OXY will settle the Driver Proceeds which have become due to You on account of the Service to the Customers through the Portal and for other activities agreed under the Subscription Agreement, prior to the date of termination.

iv. Each Party shall promptly return to the other Party all property and materials including all devices and including confidential information and materials, furnished to it by the other Party pursuant to these Driver T&C and/or the Subscription Agreement between the Parties. Where the confidential information cannot be returned in material form, the Party shall destroy the other Party’s confidential information.

v. The Parties shall cease acting in a manner that would imply a continuing relationship between the Parties and shall cease all marketing and other activities contemplated under these Driver T&C and/or the Subscription Agreement. In connection with the marketing activities, on termination or expiration of the Subscription Agreement along with the Driver T&C, the Driver shall ensure that OXY branding affixed/displayed on the Vehicle and/or any other branding affixed/displayed on the Vehicle (as directed by OXY and mutually agreed between the Parties), if any, shall be immediately removed. If the Driver is unable to remove the branding himself, Driver shall promptly approach OXY’s nearest office for removal of the branding. OXY disclaims all liabilities, whether civil, criminal, tortious or otherwise, that may accrue as a consequence of continued use of any branding by the Driver after expiry or termination of the Subscription Agreement and Driver T&C.

16.5 Clauses 7 (Contents Posted on Mobile Application), 9 (Privacy Terms), 11 (Disclaimer),

12 (Confidentiality), 13 & 14 (Indemnification and Limitation of Liability), 16 (Termination of Driver Registration) and 17 (Dispute Resolution, Governing Law and Jurisdiction) shall survive the expiry/termination of these Driver T&C in accordance with their terms.

16.6 Expiry or earlier termination of this Agreement will not prejudice any rights of the Parties that may have accrued prior to expiry or termination.

16.7 Without prejudice to the foregoing, the termination of Your registration pursuant to any of the provisions contained hereinabove shall not limit or otherwise affect any other remedy (including a claim for damages), which OXY may have, arising out of the event which gave rise to the right of termination.

17. DISPUTE RESOLUTION, GOVERNING LAW, AND JURISDICTION

17.1 If any dispute arises between You and OXY, in connection with, or arising out of, these Driver T&C, the dispute shall be referred to arbitration under the Arbitration and Conciliation Act, 1996 (Indian) to be adjudicated by a sole arbitrator to be appointed by OXY. The arbitration shall be held in Jaipur, Rajasthan. The proceedings of arbitration shall be in the English language. The arbitrator’s award shall be final and binding on the Parties.

17.2 These Driver T&C shall be governed by and construed in accordance with the laws of India.

17.3 Subject to clause 15.1, the courts in Jaipur, Rajasthan shall have the exclusive jurisdiction in connection with this Agreement.

17.4 In addition to above remedies, OXY shall be entitled to an interim injunction, restraining order or such other equitable relief as a court of competent jurisdiction may deem necessary or appropriate to restrain You from committing any violation of Your covenants and obligations. These injunctive remedies are cumulative and are in addition to any other rights and remedies OXY may have at law or in equity.

18. MISCELLANEOUS

18.1 Entire Agreement: The Parties hereby agree that the Subscription Agreement, Exhibits and these Driver T&C along with Commercial Term Segment, OXY Policies, Zero Tolerance Policy and any other policy that OXY notifies to the Driver from time to time shall constitute the entire agreement between them and shall supersede and override all previous communications, either oral or written, between the parties with respect to the subject matter of this Agreement. In the event of any contradiction or inconsistency between the Driver T&C and any other agreement executed between the parties, the terms of the Driver T&C shall prevail unless the exception has been expressly agreed to in writing by making reference to the relevant Clause sought to be modified under these Driver T&C.

18.2 Independent Contractor Status: The relationship created by Driver T&C is that of independent contractors, and not partners, franchisees or joint ventures. No employees, consultants, sub-contractors or agents of one party is or will be deemed to be employees, consultants, contractors or agents of the other party, nor do they have any authority to bind the other party by contract or otherwise to any obligation, except as expressly set forth herein. The Driver shall not be deemed for any purpose to be an employee of OXY or any of its Affiliates. OXY shall not be responsible to the Driver or any governing body for any payroll-related taxes related to the performance of Services hereunder, including but not limited to, withholding or other taxes related to central or state income tax, social security benefits or unemployment compensation.

18.3 Assignment: Neither these Driver T&C nor any of the rights, interests nor obligations hereunder shall be assigned by the Driver to any third party, without the prior written consent of OXY. OXY may, at its sole discretion, assign the rights, interests or obligations hereunder to any person whosoever.

18.4 Force Majeure: Any delay in or failure to perform any obligations by either party under the Driver T&C shall not constitute default hereunder if and to the extent caused by force majeure, which is defined to be occurrences beyond the reasonable control of such Party committing default, including and limited to acts of the government authorities, acts of God, fire, flood, explosion, riots, war, rebellion, insurrection (“Force Majeure”). Provided, however, you shall give prompt written notice within a period of 7 (seven) days from the date of the force majeure occurrence to OXY. You shall use all reasonable efforts to avoid or remove such cause of non-performance and shall continue performance hereunder whenever such causes of force majeure are removed. In the event the Force Majeure event continues for a period of 7 (seven) days from the date on which OXY receives the notice from you as above, OXY shall have the right to terminate these Driver T&C.

18.5 Notices: Any notices, requests and other communications required or permitted hereunder shall be in writing and may be sent by any of the following means to the receiving Party at the relevant addresses set forth in these Driver T&C:

i. By electronic mail.

For the purposes of this sub-clause, the Parties’ electronic mail addresses shall be the following unless otherwise intimated by the Parties to each other,

OXY: help@OXYcabs.com;

Transport Service Provider: As provided during attachment.

ii. By SMS sent to mobile number at:

OXY: Not Applicable;

Transport Service Provider: As provided during attachment.

iii. By hand, against a written acknowledgment of receipt by the receiving Party.

OXY: Ward No. 11, Mittal Colony Behind Power House, Kishangarh, Ajmer, Rajasthan – 305801, India

Transport Service Provider: As provided during attachment.

iv. By registered mail.

In the event the delivery of the notice is attempted to be made at all the contact addresses provided by the party, the notice shall be deemed delivered on the third day from the date of the notice.

16.6 Waiver: Either party may exercise a right, power or remedy at its discretion and separately or concurrently with another right, power or remedy. No failure or delay on part of any Party hereto exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other rights, powers or privileges by such party.

16.7 Severability: Any provision that is prohibited or unenforceable in any jurisdiction will, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining portions hereof or affecting the validity or enforceability of such provision in any other jurisdiction.

16.8 Amendment: These Driver T&C may be modified or amended by OXY at its sole and absolute discretion.

ZERO TOLERANCE POLICY The driver will strictly follow ZERO TOLERANCE policy which shall be subject to change and any Changes shall be intimated to the Driver from time to time via SMS or e-mail. ZERO TOLERANCE policy is mentioned below:

Breach/Fine Consequences: AS INFORMED BY OXY FROM TIME TO TIME Breach Cases:

1. Asking for tips:

The driver shall not proactively ask for ‘tips’ from the Customer. The driver shall not hassle the Customer for change.

2. Wasting Customer’s Time:

The driver shall not stop the Vehicle for filling fuel in between the journey. The driver shall not make any Personal stops during the journey.

3. Personal hygiene:

The driver shall wear neat OXY cabs uniform & badge (if provided by OXY Cabs private limited) at all times during duty hour.

The driver shall maintain personal hygiene.

4. Customer Service:

The driver shall greet Customers both at pick up and drop.

The driver shall manage the luggage (both at pick-up and drop point).

The driver shall ensure that the vehicle’s AC is turned on before the Customer sits in the Vehicle.

5. Vehicle Cleanliness:

The driver shall keep the Vehicle and dashboard clean.

The driver shall make the Vehicle available for field audit within 2 days’ time period from such breach.

Till then no bookings shall be provided and the Vehicle will be blocked from the device.

6. Disturbing Customer:

The driver shall not play loud music (above mid-level of the stereo) or music through any kind of earphone device.

The driver shall not unnecessarily blow the horn.

The driver shall not proactively engage in a personal conversation with the Customer and shall not resort to any kind of unpleasant behavior with Customers.

7. No Smoking/Tobacco/Pan/Masala/Food Item:

The driver shall not smoke inside the Vehicle.

The driver shall not chew any masala or chewing gum or any other food item while a ride is in progress.

8. 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 Customer.

9. The Driver should not make any fake calls or give any missed calls to the Customer’s contact number.

The Driver should only give a call to the Customer informing the Customer about the arrival of the Vehicle at the destination. The driver shall not make unwarranted use of the Customer contact details after the customer has been dropped at the destination.

10. The Drivers shall be well versed with the routes. The Driver shall not take any long route when there is another short route known to him for reaching the destination. The Drivers are not expected to halt at several places during the journey due to lack of knowledge of the routes.

11. Delay In Pick – Up:

The driver should reach the pickup point (before pick-up time).

Driver must intimate the Customer that he has reached at the pick - up location.

12. The driver should keep his mobile ‘ON’ while he is logged into the OXY Cab’s Portal and he should receive every call of the Customer.

The driver should not make any deliberate attempt to park the Vehicle in the ‘non-network’ area while the Customer is away for his/her personal work.

13. Vehicle Branding:

OXY Sticker, if any, on the Vehicle should not be removed till the Vehicle is active on the Platform. 14. Rude Behavior with Female Customer:

The driver shall not under any circumstance argue with the Customer/use abusive words / raise his voice tone while talking to the Customer. The driver should follow the instructions given by Customer as well as by OXY cabs Call Centre. 15. Mobile Phone Usage:

The 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.

However, this shall not apply in case of calls from OXY representatives and the Customer.

16. Reporting To OXY:

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

17. Rash Driving:

The driver shall not exceed the speed limit of:

(i) 50 Kms per hour within the city;

(ii) 60 Kms per hour on state highways; and

(iii) 80 Kms per hour on National Highways. If any other speed limits prescribed for any road which is lower than the speed limits specified in (i), (ii) and (iii) above, the Driver shall follow the said prescribed lower speed limits. The driver should not apply sudden breaks and should not take sharp turns that may cause inconvenience to the Customer.

18. Driving License (DL) & Other RTO Documents:

While on duty hours with OXY it is mandatory to keep DL and all relevant RTO impacting papers (permit, PUC, Insurance, RC, etc.).

19. While performing the Taxi Services, Driver should not sleep in the Vehicle.

20. The driver shall not reject the booking on his own at the time of allotment under any circumstances (unless permitted by OXY).

21. The driver shall not reject a booking or a Customer once he has accepted the duty and logged in and shall not switch off his mobile under any circumstances.

22. Missing luggage:

The driver should hand over the luggage or bags to the office if the Customer has mistakenly left any luggage in his cab or the Driver should call to the Customer and inform him that he has forgotten his belonging in the cabs.

23. Device Misuse:

The driver shall ensure that the Device (as defined in the Driver T&C) shall not be misused in anyways

24. Traffic Rules:

The driver shall obey all traffic rules including traffic signals.

The driver shall keep all statutory documents (insurance documents, vehicle registration book/card, PUC Certificate, etc.) at all times.

The driver shall wear a seat belt all the time while driving.

25. Driver lying or completing service in bad-faith:

The driver should follow the best and shortest possible route to reach the destination.

The driver should not misrepresent or misguide the routes or duty slips to increase the fare.

26. The driver shall not consume/intake or be under the influence of alcohol or narcotic substances while logged into the OXY Portal.

27. Abusive or discriminatory Driver:

The driver should not do anything like abusing the Customer, talking to Customer or any such behavior which shall make the Customer feel uncomfortable during the journey. The driver should not discriminate against Customer for any reason, including on the basis of sex, race, caste, creed, religion, disability or nationality.

28. Rude behavior/ Customer inconvenience:

The driver should not ask the Customer to get down from his vehicle in the middle of the journey even if any misunderstanding or verbal Fights happen between the Customer and the Driver. If his Vehicle gets breakdown he himself should call the OXY office and make arrangement for another vehicle at any cost for the Customer and drop the Customer to the drop location.

29. Extra Ordinary Circumstances:

Any instance of Driver’s behavior that directly or indirectly impacts the Company’s “Brand Image”.

30. Maximum Weight

Never load the vehicle above the manufacturer’s maximum specified weight.

31. Medically Fit

Never drive the vehicle if medical conditions will impact the driving.

32. Unauthorized Goods or Persons Not carry any unauthorized goods or persons till the completion of the Ride.

EXHIBIT-C
COMMERCIAL TERMS SEGMENT

Details of the following commercial terms will be informed by OXY from time to time:

Description of Commercial Terms

1. Transport Service Provider Device Model & Serial No.

2. Platform Subscription Fees for the use of OXY technology platform (Rs.)

3. Incentives

4. Commission Payable to OXY (Percentage) [OXY Cabs]

5. Commission Payable to OXY (Percentage) for OXY Share Rides (if applicable) 6. Security Deposit for OXY Device Details:

To be informed by OXY from time to time.

Key Terms:

(i) All payments due to the Transport Service Provider shall be made through NEFT/RTGS etc., as mutually agreed from time to time.

(ii) Incentive (if any) may be given to the Transport Service Provider by OXY from time to time. The Incentives shall be determined after taking into consideration all dues, fines, charges, interest, claims, costs, expenses etc. For the sake of clarity, both the parties acknowledge and agree that the foregoing amounts are only for limited purposes of arriving at the value of Incentives.

(iii) You authorize OXY to make deductions from the Transport Service Provider Proceeds which includes the following:

(a) Tax Deduction at Source (TDS) as per the Income Tax Act, 1961, where applicable;

(b) Service tax and other applicable taxes; and

(c) And any other amounts due and payable by the Transport Service Provider to OXY as per applicable law.

(iv) The terms in this Commercial Terms Segment is subject to change and will be communicated to the Transport Service Provider via SMS/call to the registered mobile number.

(v) The Transport Service Provider hereby agrees that discounts are given to the users of the Portal, if any, will be decided by OXY on a case-to-case basis which shall be informed to the Transport Service Provider by OXY and the Fee finally appearing on the Device configured by OXY for settlement between the Transport Service Provider and OXY shall be final and binding on the Transport Service Provider. The Transport Service Provider shall agree to the same without demur or protest.

(vi) OXY reserves the right to change the rates and payment terms between the Transport Service Provider and OXY mentioned in the Commercial Term Segment at any given point in time, which shall be notified to the Transport Service Provider.

(vii) Notwithstanding anything contained in this Agreement, where OXY has reason to believe that any charges/debits in respect of the Fee have been fraudulently incurred (“Suspect Charge”), OXY will always be entitled to deduct an amount equivalent to Suspect Charge from the Subscription Amount or in the event of insufficient Subscription Amount, OXY will be entitled to require the Transport Service Provider to remit the Suspect Charge in cash with OXY.

(viii) Credit Limit: The Transport Service Provider shall be allowed an amount of Rs. 2,000 as the Credit Limit for each vehicle registered to the operator on the OXY platform. “Credit Limit” means allowable outstanding receivables of OXY from the Transport Service Provider. The Transport Service Provider shall ensure that the Credit Limit shall not exceed Rs. 2,000 at any point in time. However, OXY shall at its sole discretion change the allowable Credit Limit for the Transport Service Providers from time to time and shall notify the same to the Transport Service Provider.

(ix) OXY shall notify the Transport Service Provider as soon as the Credit Limit is reached. Once, the Credit Limit exceeds the above-specified limit, the Account will become inactive without any further notification. The Vehicle(s) will not be allotted any further bookings till the Transport Service Provider pays the outstanding amount exceeding the specified credit limit. The Transport Service Provider can pay the outstanding amount via cash, cheque or NEFT.

(x) Settlement: Pursuant to any settlement (“Settlement”) that the Transport Service Provider is required to make with OXY, under the terms of this Agreement and/or these the Transport Service Provider T&C, whether for a breach of this Agreement and/or the Transport Service Provider T&C or otherwise, OXY shall send a report of the Settlement by short message service (SMS) /Email/post, giving full details of the amounts and reasons thereof, forming part of the Settlement, to the Transport Service Provider. The Transport Service Provider shall make payment of the amounts mentioned in the Settlement to OXY within 7 (seven) days from the date of receipt of such Settlement details. If the Transport Service Provider fails or refuses to make payment in respect of such Settlement within such seven 7 (seven) days, OXY shall have the right thereafter without any reference to the Transport Service Provider, to deduct the amounts mentioned in the Settlement details from the Subscription Amount. If the Subscription Amount is insufficient to meet the Settlement amount, then the balance shall be recoverable forthwith from the Transport Service Provider by OXY.

EXHIBIT-D
ELIGIBILITY CRITERIA

i. The Transport Service Provider must be competent to contract within the meaning of the Indian Contract Act, 1872.

ii. The Transport Service Provider must have a ‘Reserve Bank of India KYC compliant’ bank account.

iii. The Transport Service Provider must not be convicted of any offense for the preceding 10 years.

iv. The Transport Service Provider must be a man of good repute and character and must never have been convicted of an offense involving moral turpitude and that no warrant, summons, FIR or any other process must have been initiated against or issued in Transport Service Provider’s name by any court of law, Governmental authority or law enforcement agency. Further, no proceeding must be pending against the Transport Service Provider regarding and neither have Transport Service Provider 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.

v. The Transport Service Provider must have identity proof/badge and commercial driving license as required under the Motor Vehicles Act, 1988 and the rules made thereunder

OR

The Transport Service Provider must provide identity proofs/badges and commercial driving licenses in respect of the drivers proposed to be used for the Transport Services and as required under the Motor Vehicles Act, 1988 and the rules made thereunder.

vi. The Transport Service Provider must have a registration certificate, fitness certificate, pollution certificate, contract carriage permit and mandatory insurance policy in respect of each Vehicle of the Transport Service Provider proposed to be used for the Transport Services.