Driver Terms of Use

DRIVER PARTNER SERVICES AGREEMENT

Electronic Agreement for App-Based Onboarding and OTP Acceptance

This Driver Partner Services Agreement (“Agreement”) is an electronic contract made available by Car Driver4Me Solution Private Limited, a company incorporated under the Companies Act, 2013, having CIN U74999WB2018PTC229101 and having its registered office at Drivers4Me House, GF 17, Rajdanga Main Road, EKTP, Kolkata 700107 (hereinafter referred to as the “Driver Partner”).

The Company and the Driver Partner are individually referred to as a “Party” and collectively as the “Parties”.

1. PURPOSE

1.1 The Driver Partner has applied to be onboarded on the Company’s platform as an independent service provider for providing driver services to customers, clients, or business partners of the Company on a trip basis, assignment basis, duty basis, task basis, or any other work basis as may be made available from time to time through the Company’s app or related systems.

2. DEFINITIONS

2.1 “Applicable Law” means all applicable laws, rules, regulations, circulars, notifications, guidelines, statutory directions, judgments, and governmental requirements in force in India.

2.2 “Assigned Vehicle” means any private vehicle or commercial vehicle assigned, handed over, facilitated, or made available to the Driver Partner by the Company, its client, or its business partner for providing Driver Services.

2.3 “Driver Services” means chauffeur, driving, pick-up, drop, local duty, outstation duty, vehicle movement, and any other lawful driving-related services assigned or facilitated by the Company.

2.4 “Minor Repair” means routine repair, upkeep, or maintenance of a minor nature ordinarily arising during regular use of the Assigned Vehicle.

2.5 “Major Repair” means any substantial repair, replacement, or restoration involving major mechanical, structural, body, electrical, or other significant damage or defect in the Assigned Vehicle.

2.6 “Other Repair” means any repair which is neither a Minor Repair nor a Major Repair.

2.7 “Security Deposit” means such refundable, adjustable, or forfeitable deposit, if any, required by the Company from the Driver Partner under the applicable onboarding terms, commercial terms, or policy.

2.8 “Force Majeure Event” means any event beyond the reasonable control of a Party, including acts of God, flood, fire, earthquake, epidemic, pandemic, war, riot, civil commotion, governmental action, lockdown, strike, network failure, system failure, or any other similar event.

2.9 “Platform” means the Company’s mobile application, website, dashboard, onboarding interface, communication system, or other digital system used for onboarding, assignment availability, payouts, communication, and platform administration.

3. NATURE OF RELATIONSHIP

3.1 The Driver Partner is engaged strictly as an independent contractor / independent service provider and not as an employee, agent, partner, representative, or servant of the Company.

3.2 Nothing contained in this Agreement shall be construed as creating any employer-employee, principal-agent, partnership, joint venture, or master-servant relationship between the Parties.

3.3 The Driver Partner shall not be entitled to any employee-specific, payroll-related, or service-related benefit from the Company, including but not limited to Provident Fund (PF), Employees’ State Insurance (ESIC), gratuity, bonus, paid leave, medical reimbursement, insurance benefit, retirement benefit, or any other employee welfare or labour law benefit, except to the extent any compliance or benefit is specifically mandated by Applicable Law.

3.4 The Driver Partner acknowledges that he/she shall be paid only on actual work basis, trip basis, duty basis, or assignment basis, and no fixed salary, monthly wages, or guaranteed remuneration is payable by the Company.

3.5 The Driver Partner is free to determine whether, when, and for how long to make himself/herself available to accept assignments made available through the Platform, subject to eligibility conditions, safety requirements, customer protection standards, and platform rules.

3.6 Nothing in this Agreement guarantees any minimum number of trips, assignments, duties, earnings, payouts, or continuous access to assignments.

3.7 Once an assignment is accepted by the Driver Partner through the Platform or through a permitted Company communication channel, the Driver Partner shall complete such assignment in accordance with this Agreement, platform standards, customer safety requirements, and Applicable Law.

3.8 The Driver Partner shall not make any contract, representation, warranty, commitment, or incur any liability on behalf of the Company except where specifically authorized in writing by the Company.

3.9 The Driver Partner confirms that he/she is acting on his/her own behalf and not for the benefit of any other person, unless expressly permitted by the Company.

3.10 The Driver Partner acknowledges and agrees that he/she shall have no claim, present or future, against the Company for employment, regularization, employee status, labour law benefits, or similar relief, solely by reason of this engagement; provided however that nothing in this Agreement shall restrict the operation of Applicable Law where the same is mandatorily applicable.

3.11 The Parties shall comply with such provisions of Applicable Law, including any registration, deduction, reporting, or compliance requirement, to the extent legally applicable in connection with this arrangement.

3.12 The Parties agree that the nomenclature used in this Agreement, including the description “Driver Partner” or “independent service provider,” is intended to reflect the commercial understanding between the Parties; however, the rights, obligations, and legal classification of the Parties shall always remain subject to Applicable Law.

3.13 The Company shall have sole discretion to determine whether, when, and to what extent any assignment opportunity, platform visibility, payout eligibility, incentive eligibility, or continued onboarding access is made available to the Driver Partner.

3.14 Assignment availability, visibility, and prioritisation may depend on platform logic, location, customer requirements, safety factors, document validity, service history, ratings, complaint history, fraud controls, and other operational parameters determined by the Company from time to time.

3.15 The Company operates as a technology-enabled platform and service facilitator and engages the Driver Partner as an independent service provider for Driver Services. Driver Partners are independent service providers who access and use the Company’s technical portals and digital platform for the purpose of providing Driver Services independently, and nothing in such use shall be construed as creating an employer-employee relationship with the Company.

3.16 The Driver Partner shall be solely responsible for his/her own tax filings, declarations, licence renewal, personal mobile and data expenses, and other personal or business expenses incurred by the Driver Partner, unless expressly agreed otherwise by the Company in writing.

3.17 Unless specifically agreed otherwise in writing, the Driver Partner is free to engage in other lawful work, business, or platform activity, provided that the same does not conflict with accepted assignments, misuse the Company’s confidential information, or adversely affect customer safety or the Company’s business interests.

3.18 Nothing in this Agreement shall be interpreted as excluding or restricting the application of any provision of Applicable Law to the extent mandatorily applicable.

4. ONBOARDING AND DOCUMENTS

4.1 The Driver Partner shall provide such documents, declarations, and information as may be required by the Company for onboarding and verification, including but not limited to Aadhaar Card, PAN Card, Driving Licence, bank details, address proof, photograph, police verification, and any other document required by the Company.

4.2 The Driver Partner represents and warrants that all information and documents submitted are true, valid, complete, and up to date.

4.3 If any information or document is found to be false, inaccurate, invalid, expired, forged, misleading, or incomplete, the Company shall have the right to suspend, reject, or terminate the Driver Partner’s onboarding or engagement with immediate effect.

4.4 The Driver Partner shall, at his/her own cost, maintain valid compliance documents and such personal communication and data facilities as may reasonably be required to use the Platform and provide Driver Services.

5. DRIVER SERVICES AND PLATFORM STANDARDS

5.1 The Driver Partner may provide Driver Services as may be assigned or facilitated by the Company from time to time.

5.2 The Driver Partner shall:

(a) hold and maintain a valid and effective driving licence and all other required documents;
(b) render services safely, lawfully, responsibly, and professionally;
(c) comply with all Applicable Laws, traffic rules, permit conditions, and lawful instructions relevant to the services;
(d) not drive under the influence of alcohol, narcotics, or prohibited substances;
(e) not engage in misconduct, abuse, harassment, intimidation, assault, fraud, theft, or any unlawful act;
(f) immediately report to the Company any accident, challan, theft, damage, breakdown, customer dispute, or untoward incident; and
(g) comply with customer safety requirements, platform integrity requirements, and eligibility conditions for continued onboarding.

5.3 Repeated cancellations, safety complaints, fraud concerns, serious misconduct, document issues, or material platform-standard violations may result in suspension, deactivation, payout hold, restricted assignment visibility, or termination as per this Agreement and the Platform rules.

6. ASSIGNED VEHICLE TERMS

6.1 The Driver Partner may, in connection with the Driver Services, be assigned an Assigned Vehicle by the Company, its client, or its business partner. The Driver Partner agrees and undertakes that he/she shall not claim any ownership, tenancy, possessory, or other proprietary right, title, or interest of any nature whatsoever in the Assigned Vehicle.

6.2 The Driver Partner shall not carry out, permit, or cause any repairs, alterations, modifications, replacements, or improvements of any nature whatsoever in relation to the Assigned Vehicle without:
(a) prior intimation to the Company in the case of any Minor Repair or Other Repair; and
(b) prior written approval of the Company in the case of any Major Repair.

6.3 Any repair, alteration, modification, replacement, or improvement referred to in Clause 6.2 above:
(a) shall be carried out only through an authorised service centre, workshop, or vendor approved by the Company; and
(b) in the case of any Other Repair, shall not be reimbursable by the Company unless:
(i) such repair was undertaken with the prior written approval of the Company; and
(ii) the Driver Partner submits all supporting bills, invoices, vouchers, and receipts evidencing the actual and reasonable expenditure incurred.

6.4 Subject to this Agreement and any applicable Damage Policy or commercial terms, the Driver Partner shall be responsible for all Minor Repairs, Other Repairs, routine maintenance, upkeep, and general wear and tear arising from the ordinary use and operation of the Assigned Vehicle during the period it remains in his/her custody, possession, or use.

6.5 The Company shall have the right to recover from the Driver Partner any and all losses, costs, expenses, and liabilities arising out of or relating to any Major Repair attributable to the act, omission, negligence, misuse, misconduct, unauthorised use, or breach by the Driver Partner.

6.6 The Driver Partner is strictly prohibited from selling, transferring, leasing, sub-leasing, mortgaging, hypothecating, pledging, charging, creating any lien over, encumbering, parting with possession of, or otherwise dealing with the Assigned Vehicle in any manner whatsoever.

6.7 The Driver Partner shall use the Assigned Vehicle only for lawful Driver Services and shall not:
(a) operate it without a valid licence;
(b) use it for unlawful purposes;
(c) transport unauthorised goods or persons;
(d) allow any person other than himself/herself to drive or use it;
(e) operate it in violation of Applicable Law; or
(f) operate it under the influence of alcohol or prohibited substances.

6.8 The Company shall have the right, at any time, to inspect, track, recover, repossess, immobilise, or retake possession of the Assigned Vehicle for safety, compliance, verification, operational, legal, or recovery purposes.

6.9 The Driver Partner shall not remove, tamper with, disable, or damage any GPS tracker, immobiliser, camera, telematics device, tablet, dashboard equipment, or any other device installed in the Assigned Vehicle.

6.10 The Driver Partner expressly consents to tracking, monitoring, and remote immobilisation of the Assigned Vehicle by the Company where reasonably required.

7. ACCIDENT, DAMAGE, CHALLANS, AND LOSS

7.1 The Driver Partner shall inform the Company within 1 (one) hour of any accident, theft, challan, damage, breakdown, police action, seizure, or any other incident relating to the Assigned Vehicle.

7.2 The Driver Partner shall fully cooperate in insurance processing, police complaints, legal proceedings, and recovery or settlement action relating to such incident.

7.3 All challans, fines, towing charges, release charges, duplicate key or document charges, penalties, and losses arising from rash driving, illegal use, drunk driving, overspeeding, negligence, misconduct, or breach by the Driver Partner shall be borne solely by the Driver Partner.

7.4 If any insurance claim is rejected, reduced, delayed, or adversely affected due to the Driver Partner’s act, omission, negligence, delay, non-cooperation, or breach, the Driver Partner shall be liable for the resulting loss, shortfall, and expenses.

7.5 The Company shall be entitled to recover any such amount from the Driver Partner’s dues, payouts, earnings, Security Deposit, or any other amount payable to the Driver Partner.

8. SECURITY DEPOSIT

8.1 The Company may require the Driver Partner to maintain a Security Deposit as per the applicable onboarding terms, commercial terms, or Company policy.

8.2 The Company shall have the right to adjust, deduct, or set off from the Security Deposit any dues, damages, losses, penalties, challans, recoveries, or liabilities payable by the Driver Partner.

8.3 If any amount is deducted from the Security Deposit, the Driver Partner shall replenish the same within 7 (seven) days of intimation, if required by the Company.

8.4 Any balance Security Deposit, if payable, shall be refunded only after satisfactory return of the Assigned Vehicle and Company property, completion of reconciliation, and settlement of all dues and liabilities.

9. PAYOUT TERMS

9.1 The Driver Partner shall be paid strictly on actual work basis, and payout shall be made only for completed and verified services.

9.2 Payouts may be calculated on trip basis, duty basis, hourly basis, daily basis, distance basis, incentive basis, or such other basis as may be determined and communicated by the Company from time to time.

9.3 The Company may revise, amend, or restructure the commercial terms, incentives, deductions, payout methods, and payout cycles from time to time, and the same shall become binding upon communication through the app, platform, policy update, circular, message, or other Company communication.

9.4 The Company shall be entitled to deduct from the Driver Partner’s payouts:
(a) TDS or other statutory deductions;
(b) customer reversals, adjustments, or penalties attributable to the Driver Partner;
(c) advances, loans, or recoverable dues;
(d) damage, challan, accident, or misconduct-related recoveries; and
(e) any mistaken, excess, or duplicate payment.

10. COMPANY’S LIMITED ROLE AND LIABILITY

10.1 The Company operates as a technology-enabled platform and service facilitator and engages the Driver Partner as an independent service provider for Driver Services.

10.2 Except as expressly required under Applicable Law, the Company shall not be liable for any act, omission, negligence, misconduct, accident, injury, death, damage, third-party claim, statutory claim, or employee-related claim arising from or connected with the Driver Partner’s services, conduct, or use of any vehicle.

10.3 The Company shall not be liable for PF, ESIC, gratuity, bonus, paid leave, notice pay, retrenchment compensation, insurance benefit, retirement benefit, or any similar employee-specific claim by the Driver Partner, except to the extent any compliance or benefit is specifically mandated by Applicable Law.

11. INDEMNITY

11.1 The Driver Partner shall indemnify, defend, and hold harmless the Company, its affiliates, directors, officers, employees, agents, customers, business partners, successors, and assigns from and against any and all losses, claims, demands, damages, liabilities, penalties, fines, costs, and expenses, including legal expenses, arising out of or in connection with any breach, violation, negligence, misconduct, false declaration, or third-party claim attributable to the Driver Partner.

11.2 The Company shall not be responsible for any loss of or damage to the Assigned Vehicle arising out of or in connection with any negligence, misuse, mishandling, unlawful use, or breach by the Driver Partner.

11.3 The Driver Partner shall fully cooperate with the Company in relation to any complaint, police matter, legal proceeding, recovery action, insurance matter, or regulatory proceeding arising out of the Driver Partner’s services.

12. TERM AND TERMINATION

12.1 This Agreement shall remain valid and binding from the date of electronic acceptance by the Driver Partner through the Company’s app or platform and shall continue unless suspended, deactivated, or terminated in accordance with this Agreement, the Company’s applicable Terms and Conditions, or any related policy.

12.2 The Company may suspend, deactivate, or terminate this Agreement immediately, with or without prior notice, in the event of breach, invalid documents, non-payment of dues, vehicle misuse, fraud, misconduct, serious complaint, failure to return Company property, or any act prejudicial to the Company.

12.3 The Driver Partner may discontinue the arrangement by following the process available on the Company’s app or platform or by giving prior written or electronic notice of at least 7 (seven) days, subject to settlement of dues and return of Company property, if applicable.

12.4 Upon suspension, deactivation, discontinuation, or termination, the Driver Partner shall stop using the platform and return any Assigned Vehicle, device, document, or Company property, and the Company may recover pending dues and liabilities.

12.5 Any balance Security Deposit, if payable after all deductions and reconciliation, may be refunded by the Company to the Driver Partner’s designated bank account within a reasonable period as per the Company’s process.

12.6 Suspension, deactivation, termination, or discontinuation shall not affect the Company’s right to recover any pending dues, losses, liabilities, or damages from the Driver Partner.

12.7 Upon suspension, deactivation, or termination, the Company may immediately disable the Driver Partner’s platform access, withhold further payouts subject to reconciliation, and require return of any Assigned Vehicle, device, document, or Company property.

13. NO WAIVER

13.1 No failure, delay, relaxation, or omission by the Company in exercising any right, power, remedy, or privilege under this Agreement or under Applicable Law shall operate as a waiver thereof.

13.2 The rights and remedies of the Company under this Agreement are cumulative and in addition to those available under Applicable Law.

14. CONFIDENTIALITY

14.1 The Driver Partner shall keep this Agreement, the Company’s Terms and Conditions, pricing, commercial arrangements, customer details, platform information, operational processes, business discussions, and all other non-public information relating to the Company strictly confidential, except where disclosure is required by law or authorised in writing by the Company.

14.2 This obligation shall survive suspension, discontinuation, deactivation, or termination of this Agreement.

15. SEVERABILITY

15.1 Each provision of this Agreement shall be separate and distinct.

15.2 If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

16. DATA, ELECTRONIC RECORDS, AND CONSENT

16.1 The Driver Partner consents to the Company collecting, storing, processing, and using the Driver Partner’s personal information, KYC documents, bank details, trip data, location data, communication records, device details, and other related information for onboarding, verification, compliance, payouts, safety, operations, analytics, dispute resolution, and business purposes.

16.2 The Driver Partner agrees that the Company’s electronic records, logs, timestamps, OTP logs, app logs, server logs, device records, IP records, mobile number records, version records, and audit trails shall be treated as valid and sufficient evidence of acceptance of this Agreement and related policies.

16.3 A digitally stored copy or version-controlled electronic record of this Agreement, as maintained by the Company, shall be treated as the operative version accepted by the Driver Partner.

16.4 The Driver Partner expressly authorises and consents to the Company collecting, using, displaying, processing, storing, and sharing the Driver Partner’s name, photograph, mobile number, ID proof, ID number, live location, trip-related location data, and other necessary personal, KYC, or service-related details through the Platform or app and with customers, clients, business partners, and authorised legal, regulatory, governmental, police, or judicial bodies, strictly on a need-to-know basis and to the extent deemed necessary by the Company for onboarding, assignment facilitation, real-time tracking, safety, verification, compliance, investigation, dispute resolution, customer support, and operational purposes.

17. AMENDMENT

17.1 The Company reserves the right, at any time, to vary, amend, modify, update, replace, or introduce any term of this Agreement, the Terms and Conditions, policies, operational rules, commercials, payout structure, deductions, or any related condition governing the Driver Partner’s arrangement.

17.2 Any such amendment, modification, update, or introduction of new terms shall become effective and binding upon being updated on the Company’s app, platform, website, dashboard, or any other digital mode used by the Company for communication with the Driver Partner.

17.3 The Company may revise the commercials, incentives, payouts, payout structures, deductions, recoveries, and related terms from time to time through the app, platform, SMS, email, WhatsApp, dashboard, circular, or any other digital communication.

17.4 Continued use of the Company’s app, platform, or continued rendering of Driver Services after such update or intimation shall constitute acceptance of the amended terms.

18. SURVIVAL

18.1 The provisions of this Agreement which by their nature are intended to survive shall continue after suspension, discontinuation, deactivation, or termination, including clauses relating to relationship between the Parties, payouts, recoveries, indemnity, confidentiality, data and electronic records, termination, survival, governing law, and dispute-related rights.

18.2 Suspension, deactivation, termination, or discontinuation shall be without prejudice to any accrued rights, remedies, liabilities, obligations, recoveries, or claims arising prior to such event.

19. DIGITAL EXECUTION AND ACCEPTANCE

19.1 This Agreement is an electronic contract and shall not require any physical signature, wet signature, or manual execution by either Party.

19.2 The Company may make this Agreement, the applicable Terms and Conditions, policies, commercial terms, and related documents available through its mobile application, website, onboarding platform, or any other digital mode.

19.3 The Driver Partner shall be deemed to have accepted and executed this Agreement by:
(a) accessing or being provided access to this Agreement through the Company’s app or platform;
(b) clicking “I Agree”, “Accept”, “Continue”, “Proceed”, or selecting the relevant consent checkbox or button; and
(c) successfully completing OTP verification sent to the Driver Partner’s registered mobile number or other verified contact details.

19.4 Upon completion of the above process, this Agreement shall become valid, binding, and enforceable between the Parties without the requirement of any physical signature by either Party.

19.5 The Company’s hosting, issuance, or deployment of this Agreement through its digital platform shall constitute valid execution and adoption by the Company, and the Driver Partner’s in-app acceptance followed by OTP verification shall constitute valid execution and acceptance by the Driver Partner.

19.6 The Driver Partner agrees that he/she shall not dispute the validity, enforceability, or binding nature of this Agreement solely on the ground that it was executed electronically or accepted through app-based consent and OTP verification.

19.7 The Company shall be entitled to retain and rely upon app records, checkbox consent records, OTP verification logs, timestamps, IP logs, device identifiers, mobile number records, acceptance logs, and version records as evidence of execution and acceptance.

20. GOVERNING LAW AND JURISDICTION

20.1 This Agreement shall be interpreted, construed, and enforced in accordance with the laws of India, without regard to conflict of law principles.

20.2 Subject to Applicable Law, the courts at Kolkata, West Bengal shall have jurisdiction over matters arising out of or in connection with this Agreement.

21. FORCE MAJEURE

21.1 Neither Party shall be liable for any failure or delay in performing its obligations under this Agreement to the extent such failure or delay is caused by a Force Majeure Event.

21.2 The Party affected by a Force Majeure Event shall, as soon as reasonably practicable, notify the other Party of the nature of such event and the extent to which its obligations are affected.

21.3 The affected Party shall take reasonable steps to mitigate the effect of the Force Majeure Event and resume performance as soon as practicable.

21.4 During the continuance of the Force Majeure Event, the obligations of the affected Party shall stand suspended only to the extent and for the duration that such performance is prevented or delayed by the Force Majeure Event.

22. FURTHER ASSURANCES

22.1 The Driver Partner shall cooperate with the Company and shall execute, provide, deliver, or facilitate such declarations, records, information, documents, confirmations, or acts as may reasonably be required by the Company from time to time for the purpose of implementing, evidencing, enforcing, or giving full effect to this Agreement and the rights of the Company hereunder.

22.2 The Company shall also be entitled to require the Driver Partner to provide such assistance, cooperation, documents, and confirmations as may be reasonably necessary for operational, legal, regulatory, insurance, audit, compliance, dispute-resolution, or recovery purposes.

23. DRIVER PARTNER DECLARATION

23.1 The Driver Partner expressly confirms and agrees that he/she is joining the Company as an independent service provider under the commercial arrangement set out in this Agreement.

23.2 The Driver Partner is not being onboarded as an employee of the Company.

23.3 The Driver Partner shall be paid only on work basis, trip basis, assignment basis, or duty basis, as applicable.

23.4 The Driver Partner shall not be entitled to PF, ESIC, gratuity, bonus, paid leave, or any employee-specific benefit from the Company except to the extent specifically mandated by Applicable Law.

23.5 The Driver Partner accepts this Agreement voluntarily through the Company’s digital platform and OTP verification process.

24. EXECUTION

This Agreement is issued, adopted, and executed electronically by Car Driver4Me Solution Private Limited through its digital platform and shall become binding upon the Driver Partner immediately upon in-app acceptance and successful OTP verification.

Company
Car Driver4Me Solution Private Limited
CIN: U74999WB2018PTC229101
Registered Office: Drivers4Me House, GF 17, Rajdanga Main Road, EKTP, Kolkata 700107
Agreement deployed through digital platform / app / onboarding system

Driver Partner
Accepted electronically through the Company’s app / platform
Acceptance authenticated through OTP verification
Registered Mobile Number: As per Company records
Date and Time of Acceptance / Registration: As per Company records
Agreement Version Accepted: As per Company records