Driver Partner | Bidding Model T&C Auto

THIS DOCUMENT IS A ELECTRONIC RECORD IN TERMS OF INFORMATION TECHNOLOGY ACT, 2000 AND RULES THERE UNDER AS APPLICATION. IF THIS DOCUMENT IS NOT IN A LANGUAGE THAT YOU UNDERSTAND, YOU SHALL CONTACT OLA. YOUR ACCEPTANCE OF THIS AGREEMENT AND EXHIBITS BY CLICKING ON THE ‘I ACCEPT’ BUTTON SHALL BE CONSIDERED AS YOUR UNDERSTANDING OF THIS AGREEMENT AND EXHIBITS.

This Platform is owned and operated by ANI Technologies Private Limited, a private limited Company incorporated under the provisions of Companies Act, 1956. The terms ‘Ola’, ‘We’, ‘us’ or ‘our’ shall mean ANI Technologies Private Limited.

The Company has developed a technology-based software ‘Ola Driver App’ specially for the three wheeler vehicles for allowing the drivers onboarded on the platform to provide their transportation services to its Customers. On the basis of representation and warranties provided by the Driver in accordance with the terms and conditions as hereinafter provided (‘Terms & Conditions’) to enable the Driver to provide the Services.

1. DEFINITIONS

All the defined and capitalized terms in these Driver Terms & Conditions will have the meaning assigned to them herein below :-

  1. ‘Customer’ means the person who wishes to avail the transportation services from the Drivers who are using the platform of Ola Auto. 
  2. ‘Driver’ shall mean the rider who fulfills the eligibility criteria as defined hereinunder and referred to by the terms ‘You’, ‘Driver’ or ‘Rider’.
  3. ‘Fare’ shall mean the amount of charges paid or payable by the Customer to the Driver, upon completion of ride, for the transportation services provided by such driver.

2. TERMS OF SERVICE

This Platform is operated as a technology based software in order to enable the Drivers registered and on-boarded by the Company to connect with the potential customers willing to take the transportation services from you. Platform merely enable you to provide services to your Customer and navigation system for easy enrouting.

  1. You hereby acknowledge and agree that Ola does not provide transportation services or any services incidental or ancillary to the transportation services and therefore, do not charge any commission from the fares collected by the Customer for the services provided. 
  2. In order to use most aspects of the software, you must register for and maintain an active personal user service account (‘Account’). For creating your Account, integrating your vehicle and on-boarding as a Driver on the Platform, you must complete the registration process on the Driver App. For completing your on-boarding process, the Company shall collect the Driver Information i.e. personal information including name, vehicle number, driver’s license, mobile number, residential address, date of birth, your identification proofs. For integrating your vehicle with your Platform, you will be required to submit copies of all valid government issued vehicle registration certificate, vehicle number, vehicle insurance copy, driving license and any other information or document that the Company may require as per the applicable law. By accepting this agreement, You acknowledge and agree to the Agreement and Exhibit attached to the Agreement, OLA Policies and any other policy that are applicable on you from time to time . Additionally, You hereby understand and consent to the collection, storage and sharing of Aadhaar card, Driving License, Registration Certificate and any information received from you with Third Party Vendors and/or Government Authorities, for the process of onboarding and background verification. 
  3. In the course of your use of the Driver App, you agree to furnish your details and information as requested by us from time to time. You agree to maintain accurate, complete and up-to-date information in your Account. You agree that if you provide any information which is untrue, inaccurate, not current, or incomplete or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, incomplete, or not in accordance with this Terms and Conditions, we shall have the right to suspend or terminate your Account on the Driver App or indefinitely block you from accessing Driver App. You are responsible for all activity that occurs under your account username and password. Unless otherwise permitted by the Company in writing, you may only possess one Account.

3. ELIGIBILITY OF DRIVER

  1. The Driver must be at least 18 years of age, or the age of legal majority as per Indian Contract Act, 1872, to be able to avail the software services of the Company. 
  2. You acknowledge and agree that You shall at all times hold and maintain (i) a valid driver’s license (if applicable) with the appropriate level of certification to operate the vehicle driven/ridden by You, and (ii) registration, permits, approvals and authority applicable to Your vehicle (if applicable) that are necessary to provide transportation Services; (iii) the appropriate and current level of training, expertise and experience to provide transportation Services in a professional manner with due skill, care and diligence; and (iv) high standards of professionalism, service and courtesy. You acknowledge and agree that You may be subject to certain background, driving record, address verification, judicial checks from time to time.
  3. You acknowledge and agree that You choose to provide transportation Services shall be: (i) operated in compliance with all applicable laws; (ii) as contemplated by these Terms; and (iv) consistent with industry safety in the applicable Territory. 

4. OBLIGATIONS OF DRIVERS

  1. The Driver shall ensure and confirm that he understands the language of the Driver App. Accordingly, it is his responsibility to  choose the language that he best understands from amongst the available languages on the Driver App / Ola’s App.
  2. The Driver shall not undertake any unlawful or illegal activity while performing services. 
  3. The Driver shall ensure that he/she is providing the highest quality of services as per acceptable industry standards. The Driver shall be liable for any loss caused to OLA and/or the Customer due to negligence of the Driver in the performance of the Service.
  4. The Driver shall avoid acceptance of ride in the event of any severe health condition, temporary  disability or fatigue, which could possibly affect driver’s driving skills and performance.
  5. The Driver be deemed to be informed and shall also strive to stay informed about conditions such as bandhs, strikes, curfews, traffic disruptions, weather conditions and the like that could affect the Service. 
  6. The Driver shall provide the Service to the Customers by complying with all applicable laws.
  7. The Driver shall ensure registration of vehicles at all times and shall hold and keep updated / renewed all licenses, permits and any other documents required as per the motor vehicles act/regulatory requirements.
  8. The Driver shall use the vehicle as per the traffic guidelines and law. Driver shall ensure the due payment of any taxes, challans or any penalty as may be imposed by the authorities under law.
  9. The Driver shall maintain the Vehicle in a reasonably good and hygienic condition for customers to avail such services.
  10. The Driver shall not undertake or assist in any unlawful or illegal activity while performing Services and shall adhere to any applicable rules or regulations in connection with seating capacity of the vehicle.
  11. The Driver shall not allow unauthorized persons to drive the Vehicle. In the event of any criminal act or illegal act by the Driver, OLA reserves the right to take any action against the Driver at its sole discretion .
  12. The Driver shall ensure the safety and security of the Customers, his own self and that of the vehicle at all times.    
  13. On acceptance of a Booking, the Driver shall ensure that the Vehicle arrives on time to the pick-up location.
  14. 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. 
  15. The Driver  shall avoid riding rashly, shall avoid violations of traffic regulations and breach of all Applicable Laws during the performance of the Services. As mandated by law the driver shall not consume liquor / cigarette / bidi, or any other kind of intoxicant while performing the Service/(s). 
  16. The Driver shall be solely responsible for:
  1. any failure to complete a Service Request accepted by the Driver;
  2. any failure to pick up Customer(s) at the allotted time and/or place;
  3. any act or omission on the part of its Drivers including any rash and negligent driving, verbal, physical or harassment of any nature;
  4. any violation or non-adherence to the Applicable Law by it;

5. BIDDING PROCESS

  1. Ola enables the freedom of bidding the price and price determination at the discretion of both the driver and its Customer. The price determined by the Driver and Customer shall be final and binding on both the parties. You acknowledge that there is no involvement of Ola in the determination of the fare and thereby, the parties participating in the bid shall solely be responsible and liable for any dispute on the decided fare. 
  2. Driver shall ensure to counter bid as per its individual understanding of fare and shall be entitled to the pre-bid/determined fare only. 
  3. Driver shall not demand the customer more after completion of ride and shall honor the fares determined by the consensus. 
  4. The Driver shall directly take the payment from the Customer.

6. SUBSCRIPTION COST

  1. The Company has the discretion to charge software usage/software subscription fees from the Driver on the basis of rate determined and informed on prior basis by the Company.

7. REPRESENTATIONS AND WARRANTIES

You represent and warrant that:

  1. You are eligible for registration on the Ola’s App / Driver App and creation of an Account in terms of this Agreement.  
  2. You have all requisite power and authority to, deliver and perform the obligations imposed herein; 
  3. The execution and performance of the obligations do not and will not violate any provision of any existing agreement, law, rule, regulation, any order or judicial pronouncement to which You are a party; 
  4. You are the rightful owner of the Vehicle or have the requisite authority or lease to drive the Vehicle and there are no restrictions with respect to the use of the Vehicle that will hamper you from the performance of the Services; 
  5. You have all rights, licenses and permits as may be required by Applicable Laws to perform the Service in accordance with the terms of the Agreement. The Driver hereby represents that he shall maintain and continue to maintain all local licenses, permits, approvals and consents in respect the Vehicle. You shall be responsible and liable for any violation of any law, rule or regulation in the performance of its obligations under this Agreement. 
  6. You have not been convicted by any court in India or any other country of any crimes including but not limited to moral turpitude, cognisable offenses. Further, You are not a party to any pending litigation which shall materially affect Your obligations under this Agreement. 

8. COMMUNICATION 

You represent and warrant that:

  1. When You use the  Ola’s App or send emails or upload your selfie or health records or any other data, information or communication on the Ola’s App, You expressly acknowledge and  understand that You are actually communicating or providing information to Ola via such email or uploading on App. You, further, consent to receive communications via electronic records from OLA Accordingly, OLA may provide information or communicate with You by email or by such other modes of communications, electronic or otherwise. 
  2. You hereby expressly consent to receive communication from OLA through Your registered phone number and/or e-mail id. You acknowledge and agree to be contacted by OLA via phone calls/ SMS notifications. You agree that any communication so received by You from OLA will not amount to spam, unsolicited communication or a violation of Your registration on the ‘national do not call registry’.
  3. By registering with OLA, You hereby agree to (i) provide information which Ola has a legal obligation to collect from the Driver on account of ‘Know Your Customer’ norms, under Applicable Laws, including but not limited to , 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. 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 OLA’s obligations under this agreement.

9. DISCLAIMER

  1. You understand and acknowledge that OLA disclaims and shall disclaim all representations and warranties to your 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 performance of service.

10. CONFIDENTIALITY 

  1. You acknowledge that pursuant to acceptance of this Agreement, You will have access to confidential information of OLA and its affiliates which has been provided by OLA. You undertake to keep confidential all data and other confidential information of OLA and shall not sell or otherwise make that information available to any third parties. 
  2. Except as otherwise agreed, the data of Customers will also be collected by Ola  and You agree to not use the same for purpose beyond what is defined hereinunder  nor distribute such data in any form or means except for the purpose defined under this Agreement and shall keep it confidential at all times. Confidential information would include but not be limited to User/Customer details, market information, all work products and documents related thereto, the contents of the Ola’s App, Driver App or any other information which is treated as confidential by OLA, 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 AND LIMITATION OF LIABILITY

  1. You agree and undertake to indemnify and to hold harmless OLA its 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 You of the Your obligations, performance or observance of Your role, functions, responsibilities, representations, or warranties under the Agreement; (ii) any violation of OLA Policies or any other policies provided by OLA; (iii) any harm to the reputation and goodwill of OLA; (iv) any claim of violation of intellectual property of a third party by Driver’s usage of OLA’s intellectual property in a manner not permitted under this Agreement; and (v) fraud, negligence and misconduct of the Driver.
  2. You shall be liable to indemnify and hold OLA harmless against all damages, losses, costs and expenses incurred by OLA as a consequence of any complaint from any Customer received by OLA with respect to defective Service/(s).

12. DISPUTE RESOLUTION, GOVERNING LAW AND JURISDICTION.

  1. This Agreement and its Exhibits shall be interpreted and governed in accordance with Laws of India.
  2. Subject to clause 1, the courts in Bangalore shall have the exclusive jurisdiction in connection with this Agreement.

13. MISCELLANEOUS

  1. Independent Contractor Status: The relationship created by the Agreement 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.   
  2. License Grant. Subject to the terms and conditions of these Terms of Use, Ola hereby grants the Driver  a non-exclusive, royalty-free, non-transferable, non-sub-licensable, non-assignable license, the Platform in connection with the provision of the Ola Services solely for the purpose of providing Driver  to Users. Further, subject to the terms and conditions of these Terms of Use, Ola hereby grants the Driver a non-exclusive, royalty-free, non-transferable, non-sub-licensable, non-assignable license to use the proprietary marks of Ola for the sole purpose of providing the Driver. All rights not expressly granted to Driver  are reserved by Ola, its affiliates and their respective licensors.
  3. Assignment: Neither this Agreement nor any of the rights, interests or obligations hereunder shall be assigned by the Driver  to any third party, without the prior written consent of OLA. OLA may, at its sole discretion, assign the rights, interests or obligations hereunder to any person whosoever.
  4. Force Majeure: Any delay in or failure to perform any obligations by either party under the Agreement 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 OLA. 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 OLA receives the notice from You as above, OLA shall have the right to terminate these T&C. 
  5. Amendment: This Agreement may be modified or amended by OLA at its sole and absolute discretion.