THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF INFORMATION TECHNOLOGY ACT, 2000 AND RULES THEREUNDER AS APPLICABLE AND THE PROVISIONS PERTAINING TO ELECTRONIC RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000. BY CLICKING ON THE “I AGREE” BUTTON ON THESE TERMS AND CONDITIONS, YOU ARE CONSENTING TO BE BOUND BY THESE TERMS AND CONDITIONS.
The Company provides technology-based services for facilitating bike-pooling (“ Services”) between Captains (defined hereinafter) and commuters by means of the Company’s website and the mobile application “ Rapido” (“Portal”). The bike-pooling services are provided by means of two-wheelers (“ Vehicle”) offered by third party vehicle operators or riders ("Captains") who wish to offer rides to commuters on their Vehicles.
On the basis of the representations and warranties provided by the Captain, the Company has agreed to list the Vehicle(s) on the Portal to enable the Captain to provide the Services through the Portal in accordance with the terms and conditions as hereinafter provided (“T&Cs”).
1. The Company shall take the booking request and forward it to the Captain through an app based device operating on GPS-GPRS based device installed in the Vehicle.
2. The Company reserves the right to discontinue or introduce any of the modes of booking Vehicles and/or for providing services for transmission of parcels. At no time whatsoever shall the Captain tamper, damage, open or do anything to the parcels that he/she is not specifically permitted to do.
3. The Captain shall have the sole discretion to accept or reject each request for the Service.
4. The Captain warrants that the information it provides to the Company is accurate and complete. The Company is entitled at all times to verify the information that has been provided.
5. The Captain will refrain from doing anything which the Company reasonably believes to be disreputable or capable of damaging the Company’s reputation and will comply with all applicable laws of the Republic of India.
6. In relation to the Portal, the Captain agrees to:
(i) not authorize others to use his account on the Portal;
(ii) not assign or otherwise transfer his account to any other person or legal entity;
(iii) not use the Portal for unlawful purposes, including but not limited to sending or storing any unlawful material or for fraudulent purposes;
(iv) not use the Portal to cause nuisance, annoyance or inconvenience;
(v) not impair the proper operation of the network;
(vi) not try to harm the Portal in any way whatsoever;
(vii) not copy, or distribute any content on the Portal without written permission from the Company;
(viii) keep secure and confidential the account password or any identification which the Company may provide to the Captain which allows access to the Portal;
(ix) provide the Company with whatever proof of identity the Company may request.
7. The Company reserves the right to immediately terminate the use of the Portal by the Captain if he does not comply with the any of the above rules in Clause 1.6.
2. PAYMENT TERMS
2.1 The Company doesn’t charge any fees from the Captains for facilitating bike-pooling using the Portal. However, the Company has the discretion to charge any such fees from the Captain at any point as it decides.
2.2 The Company charges a convenience fee from the commuters for facilitating bike-pooling and connecting them to the Captains. Further, the Company is authorized to collect the service/travel fee (“ Fare”) from the commuters on behalf of the Captains.
2.3 If the Fare is collected in cash by the Captain it will get adjusted against the convenience fee.
3. REPRESENTATIONS AND WARRANTIES
3.1 The Captain and the Company represent that:
(i) they have all requisite power and authority to, deliver and perform the obligations imposed herein;
(ii) 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 which is applicable to each party;
(iii) they have not been convicted by any court in India or any other country of any crimes including but not limited to involving moral turpitude.
3.2 The Captain hereby represents that:
(i) he has the requisite authority or assignment to drive the Vehicle and there are no restrictions with respect to the use of the Vehicle that will hinder the Driver from the performance of the Services using the Portal;
(ii) he has all rights, licenses, and permits as may be required under applicable laws to perform the Service in accordance with these T& Cs;
(iii) he is in compliance with the Motor Vehicles Act, 1988, Food Safety and Standards Act 2006 and other applicable laws as required to be complied with by any person driving Vehicles;
(iv) he shall hold and keep updated/renewed licenses, insurance, and permits necessary for the use of Vehicle.
(v) he shall not drive rashly, shall follow traffic regulations and all applicable laws during the performance of the Services, not consume liquor/cigarette/bidi, or any other kind of intoxicant while performing the Services and shall have and hold a valid driving license and registration/insurance papers for the Vehicle at all times. The Captain shall not take any personal calls except in the event of an emergency, without prejudicing the safety of the Vehicle and the customer. The captain shall take all calls from the customer and the Company 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.
4 RELATIONSHIP BETWEEN THE PARTIES
4.1 Independent Contractor: The Captain shall operate as and have the status of an independent contractor. The relationship between the Company and the Captain is on a principal-to-principal basis. The Company and the Captain are independent legal entities, and nothing in these T& Cs will be construed to create a partnership, joint venture, the association of persons, agency (disclosed or undisclosed), franchise, sales representative, or employment relationship between the Company and the Captain. It is clarified that the Captain will not have any right to conclude any contract for and/or on the behalf of the Company.
5. CAPTAIN INFORMATION
5.1 Rapido may collect Captain Information at the time of onboarding of the Captains, to establish the identity of the Captains. Rapido reserves the right to store, process, access and use the Captain Information for business purposes and needs, background check, verification, marketing, service, development, analytics, research, and any other purpose as Rapido may deem fit and in accordance with Applicable Law. The Captain hereby expressly consents to such collection and use of Captain Information.
5.2 Subject to applicable laws, Rapido may provide to a third party, governmental agency, judicial body, any Captain Information or information relating to the Captain, if there is a complaint, dispute or conflict, including any accident involving a Captain on one hand and end-consumer, or a third party on the other hand;
5.3 “ Captain Information” shall mean and include any personal data collected from the Captain including knowing your customer documents with Captain’s bank, copies of valid government-issued vehicle registration certificate, mobile number, bank account details, vehicle insurance copy, driving license, identity proof, residence proof, location data, proof of ownership of Captains’ Vehicle and any other information that Rapido may deem fit;
6.1 The Captain shall keep confidential all data including customer details, market information, all work products and documents related thereto, the contents of the Portal and shall not sell or otherwise make that information available to any third parties. Except as otherwise agreed, the data of customers will be the exclusive property of the Company, and the Captain will not use the same for any purpose or distribute such data in any form or means except for the purpose of providing the Services and other than as permitted by the Company and shall keep it confidential at all times.
7.1 The Captain agrees to indemnify, defend and hold the Company harmless from and against any claim, liability, obligation, loss, damage, deficiency, assessment, judgment, cost or expense (including, without limitation to costs and expenses incurred in preparing and defending against or prosecuting any litigation, claim, action, suit proceeding or demand) of any kind or character, arising out of or in any manner incidental, relating, or attributable to any inaccuracy, breach, or failure by the Captain to perform its obligations under these T&Cs or the applicable laws in relation to performance of the Services.
8. LIMITATION OF LIABILITY
8,1 The Company is not liable to the Captain, for any condition, suitability, quality, merchantability and fitness for any purposes in respect of the Portal or the services provided through the Portal and is not liable for any civil, criminal, tortious, or any other liability, that may accrue as a consequence of the use and access of the Portal.
8.2 To the extent permissible under applicable laws, the Company is not liable for any civil, criminal, tortious, or any other liability, that may accrue as a consequence of the breach by the Service Provider (a) of the applicable laws in respect of the use of the Portal or providing the Services; (b) of the terms of the applicable licenses and permits that are issued by the transport authorities; (c) of the terms of these T& Cs; or (d) of the duty of care the Captain owes to the users of the Portals.
8.3 The Company is not responsible for the behavior, actions or inactions of the Captain, quality of the Vehicle. Any contract for the provision of Vehicle is exclusively between the customer and the Captain and the Company is not a party to the same.
8.4 All rights not otherwise claimed under these T& Cs or by the Company are hereby reserved. The information contained in this Portal is intended, solely to provide general information for the personal use of the reader, who accepts full responsibility for its use.
8.5 The Company does not represent or endorse the accuracy or reliability of any information or advertisement contained on, distributed through, or linked, downloaded or accessed from any of the services contained on the Portal, or the quality of any products, information or other materials displayed, or obtained by you as a result of any product, information or other materials displayed, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the service.
8.6 The Captain shall not do the following:
(i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Portal in any way;
(ii) modify or make derivative works based upon the Portal;
(iii) create internet "links" or "frame" or "mirror" any application on any other server or wireless or internet-based device;
(iv) reverse engineer or access the Portal in order to:
(a) design or build a competitive product or service,
(b) design or build a product using similar ideas, features, functions or graphics of the Portal, or
(c) copy any ideas, features, functions or graphics of the Portal, or
(d) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Portal.
9. TERM AND TERMINATION
9.1 Company is entitled to terminate the contract at all times and with immediate effect (by disabling the Captain’s registration on the Portal and use of the Portal) for:
a. Any violation or breach of any term of these T&Cs; or
b. If the Captain, in the opinion of the Company, misuses the Portal.
c. failure to verify or authenticate Captain Information;
d. any action or omission by the Captain which can cause legal or contractual liability for Rapido including but not limited to fraudulent conduct, customer complaints, continuous unsatisfactory reviews by the Restaurant Partners or the Users, misconduct, negligence, and all other actions specifically prohibited under Applicable Law.
e. Rapido is also at liberty to terminate the contract at their discretion, where, in their opinion, the continuance of the services of Captain is detrimental to the business interest of Rapido due to the acts of the Captains, such as the following:
i) Misbehavior, rude behavior with the staff of Rapido, customers or any other persons associated with the Rapido.
ii) Any acts involving criminal offense punishable under law, including physical assault, threatening any of the staff of Rapido, person associated with Rapido and any other persons.
iii) Concealment of fact/material information while entering into a contract with Rapido.
iv) Poor & irregular for work, meetings, and failure to abide by the rules/terms of contract.
v) Drunk while on duty and drunken behavior.
vi) Commission of fraud/ misappropriation/embezzlement for undue monetary gain, which is against the interest of the Rapido.
vii) Negligence in performing the duty, causing damage of moveable and immoveable assets of Rapido, its employees, customers.
viii)Indulging in spreading content through digital media, social networking sites, or any other form, which could be detrimental to Rapido’s brand and its image.
ix) Indulging in acts such as creating ruckus/ strike/ or any activity against Rapido, which could be detrimental to the Rapido’s brand and its image.
x) Indulging in unauthorized disclosure of confidential information of Rapido to an external agency, person, Rapido or organization.
xi) Misuse of assets provided by Rapido and welcome kits, which could be detrimental to the interest of Rapido’s brand and its image.
xii) Absconding for more than 4 hours with any asset, delivery item, money or any other valuable item belonging to Rapido, its employees, customers or other staff member (s).
xiii)Failure to abide by any of the rules and guidelines are given by Rapido as part of service quality standards and principles.
xiv) Doing any act unbecoming of a Captain.
xv) In case the background check, whether wholly or partially, is found negative at any point of time during the term of these T&Cs.
9.2 The Company is not obliged to give notice of the termination of the contract in advance.
10. GOVERNING LAW, JURISDICTION AND DISPUTE RESOLUTION
10.1 These T& Cs shall be governed by and interpreted in all respects in accordance with the laws of the Republic of India.
10.2 Subject to the provisions made in Clause 9.3, the parties hereby submit to the exclusive jurisdiction of the courts of Bangalore, India.
10.3 All disputes arising out of or in relation to these T& Cs shall be settled amicably by the parties. In the event no amicable settlement is arrived at within a period of 15 (fifteen) days from the date of the first initiation of the dispute by one party to other, the parties shall resolve the dispute by means of arbitration pursuant to the Arbitration and Conciliation Act, 1996.
10.4 The arbitration proceedings shall be conducted by an arbitral tribunal comprising of 1 (one) arbitrator mutually appointed by you and the Company.
(i) The arbitration proceedings shall be conducted in English language only and the seat for arbitration shall be Bangalore, India.
(ii) The award of the arbitral tribunal shall be final and binding.
11.1 The Captain may not assign its rights or obligations under these T&Cs without prior written approval of the Company.
12.1 These T& Cs may be amended from time to time and as and when required, at the discretion of the Company.
13.1 If any provision or any part of a provision of these T& Cs is invalid, unenforceable or prohibited by applicable laws of the Republic of India, such provision or part of provision shall be severed from these T& Cs and shall be considered divisible as to such provision or part thereof and such provision or part thereof shall be inoperative and shall not be part of the consideration moving between you and the Company hereto and the remainder of these T& Cs shall be valid and binding and of like effect as though such provision was not included herein.
The Company at its sole discretion may insure the Captain against any accident suffered by the Captain during provision of Services by the Captain using the Portal. The Company reserves the right to recover any amount paid by the Company in lieu of the insurance from the Captain.
15.1 The Company may give notice by means of a general notice on the Portal, or by electronic mail to your email address on record in the Company's account information, or by written communication sent by regular mail to the Captain’s address on record in the Company's account information.
15.2 Captain need to send any notice on at email id email@example.com