Driver Application Terms & Conditions

Akbar Holidays Private Limited

Driver Application Terms and Conditions

These Terms apply to every individual who is authorised by the Company to register for, access or use the Application (hereinafter referred to as the "Driver" or "User").

The Application is provided solely for use by authorised Drivers in connection with transportation and related services offered by or through the Company. By downloading, installing, registering or using the Application, the Driver unconditionally accepts and agrees to be bound by these Terms. If the Driver does not agree to these Terms, they must immediately uninstall and discontinue use of the Application.

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1. Definitions

In these Terms, unless the context otherwise requires:

1. "Application" means the proprietary mobile software application developed and owned by the Company for use by authorised Drivers, including all updates, upgrades, and modifications thereto.
2. "Company Data" means all data, content, information, trip records, customer details, route information, and any other information processed through or generated by the Application.
3. "Device" means the mobile phone, tablet, or any other electronic device through which the Driver accesses the Application.
4. "Driver" means an individual who has been authorised by the Company to access and use the Application for the purpose of providing transportation services.
5. "Services" means the transportation, cab, and travel-related services rendered by the Driver to end-customers, as facilitated by the Company through the Application.
6. "Trip" means an individual assignment or booking allocated to the Driver through the Application.

2. Eligibility and Registration

1. The Driver must be at least 18 years of age and must possess a valid commercial driving licence issued by the competent authority in India.
2. The Driver must provide accurate, complete, and up-to-date information during registration, including identity proof, driving licence details, vehicle registration documents, and insurance particulars.
3. The Company reserves the right to verify all information submitted by the Driver and to reject or suspend any registration at its sole discretion.
4. The Driver is solely responsible for maintaining the confidentiality of their login credentials and shall immediately notify the Company of any unauthorised access to their account.
5. The Driver shall not share, transfer, or permit any third party to use their account or login credentials.

3. Licence Grant and Restrictions

1. Subject to compliance with these Terms, the Company grants the Driver a limited, non-exclusive, non-transferable, revocable licence to install and use the Application solely for the purpose of providing Services as authorised by the Company.
2. The Driver shall not:
   • Copy, modify, distribute, sell, transfer, sublicense, or create derivative works of the Application;
   • Reverse engineer, decompile, disassemble, or attempt to extract the source code of the Application;
   • Use the Application for any purpose other than the authorised Services;
   • Use the Application to engage in any unlawful, fraudulent, or deceptive activity;
   • Access or attempt to access any portion of the Application or its infrastructure without authorisation;
   • Introduce any virus, malware, or malicious code into the Application or the Company's systems.
3. The Company may, at its sole discretion, update, modify, or discontinue any feature of the Application without prior notice.

4. Conduct and Obligations of the Driver

1. The Driver shall at all times:
   • Conduct themselves in a professional, courteous, and lawful manner;
   • Comply with all applicable laws, regulations, and guidelines, including traffic laws and motor vehicle regulations;
   • Maintain the vehicle assigned to them in a clean, safe, and roadworthy condition;
   • Not engage in reckless driving, driving under the influence of alcohol or drugs, or any other conduct endangering the safety of passengers or the public;
   • Adhere to all trip instructions, route guidelines, and operational policies communicated through the Application;
   • Not cancel or refuse trips in a manner that violates the Company's policies.
2. The Driver shall not make any representations, warranties, or commitments on behalf of the Company to any customer or third party.
3. The Driver shall immediately report to the Company any accident, incident, complaint, or any event likely to affect the reputation or operations of the Company.

5. Data Privacy and Confidentiality

1. The Company collects, stores, and processes the Driver's personal information and trip-related data in accordance with its Privacy Policy, which forms part of these Terms by reference.
2. The Driver consents to the collection and use of location data, trip data, communication records, and device information by the Company for operational, safety, and business purposes.
3. The Driver shall maintain strict confidentiality with respect to all Company Data, customer information, pricing, routes, operational procedures, and any other proprietary or commercially sensitive information accessed through the Application.
4. This obligation of confidentiality shall survive the termination or expiry of these Terms.
5. The Driver shall not use any Company Data for personal gain or share it with any third party without the prior written consent of the Company.

6. Intellectual Property

1. The Application and all content, features, software, trademarks, logos, and intellectual property embodied therein are the exclusive property of the Company and are protected under applicable intellectual property laws.
2. Nothing in these Terms shall be construed as conferring any right, title, or interest in the Application or any related intellectual property upon the Driver.
3. The Driver shall promptly notify the Company of any actual or suspected infringement of the Company's intellectual property rights.

7. Payments and Earnings

1. The Driver's earnings shall be calculated in accordance with the payment structure communicated by the Company from time to time, which may be revised at the Company's discretion.
2. The Company shall not be liable for any delay in payment arising from incorrect bank details or non-compliance with the Company's verification processes.
3. Any dispute relating to earnings or payments must be raised in writing to the Company within 30 (thirty) days of the relevant transaction date.
4. The Driver is solely responsible for compliance with applicable tax laws and regulations in respect of their earnings.

8. Suspension and Termination

1. The Company reserves the right to suspend or terminate the Driver's access to the Application at any time, with or without notice, for any of the following reasons (without limitation):
   • Breach of any provision of these Terms;
   • Fraudulent or dishonest conduct;
   • Misconduct towards customers or other stakeholders;
   • Non-compliance with applicable laws or regulations;
   • Receipt of repeated or serious complaints from customers;
   • Cessation of the Driver's engagement or authorisation with the Company.
2. Upon termination, the Driver must immediately cease using the Application, delete it from their Device, and return or destroy any Company Data in their possession.
3. Termination shall not affect any rights or obligations that have accrued prior to the date of termination.

9. Disclaimer of Warranties

1. The Application is provided on an "as is" and "as available" basis without warranties of any kind, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.
2. The Company does not warrant that the Application will be uninterrupted, error-free, or free from harmful components.
3. The Driver uses the Application at their own risk and discretion.

10. Limitation of Liability

1. To the maximum extent permitted by applicable law, the Company shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, loss of data, or loss of goodwill, arising out of or in connection with the use of the Application.
2. The Company's total aggregate liability to the Driver under these Terms shall not exceed the amount paid to the Driver by the Company in the one (1) month preceding the event giving rise to the claim.

11. Indemnification

The Driver shall indemnify, defend, and hold harmless the Company, its directors, officers, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or relating to:

1. The Driver's use of the Application in violation of these Terms;
2. The Driver's breach of any applicable law or regulation;
3. Any third-party claims arising from the Driver's conduct during the provision of Services;
4. Any misrepresentation made by the Driver to the Company or any customer.

12. Governing Law and Dispute Resolution

1. These Terms shall be governed by and construed in accordance with the laws of India.
2. Any dispute, controversy, or claim arising out of or in relation to these Terms, or the breach, termination, or invalidity thereof, shall first be sought to be resolved through mutual negotiation between the parties.
3. If the dispute is not resolved within 30 (thirty) days of written notice of the dispute, either party may refer the matter to arbitration in accordance with the Arbitration and Conciliation Act, 1996. The seat of arbitration shall be Mumbai, Maharashtra. The language of arbitration shall be English.
4. Subject to the arbitration clause above, the courts at Mumbai, Maharashtra shall have exclusive jurisdiction.

13. Amendments

1. The Company reserves the right to amend or update these Terms at any time. The revised Terms will be made available through the Application or via written communication.
2. The Driver's continued use of the Application following any such amendment shall constitute their acceptance of the revised Terms.
3. If the Driver does not agree to the revised Terms, they must immediately discontinue use of the Application and notify the Company accordingly.

14. Miscellaneous

1. Entire Agreement: These Terms, together with any policies incorporated by reference, constitute the entire agreement between the Company and the Driver with respect to the subject matter hereof.
2. Severability: If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
3. Waiver: Failure by the Company to enforce any right under these Terms shall not constitute a waiver of that right.
4. Assignment: The Driver shall not assign or transfer any rights or obligations under these Terms without the prior written consent of the Company. The Company may assign these Terms freely.
5. Force Majeure: The Company shall not be liable for any failure or delay in performance arising from causes beyond its reasonable control, including acts of God, government restrictions, or network failures.
6. Notices: Any notices or communications under these Terms shall be sent to the Driver via the Application, registered mobile number, or email address provided during registration.

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By installing and using the Application, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions in their entirety.