Terms and Conditions (Customer)

This document serves as an electronic record under the Information Technology Act, 2000, and the rules and provisions of electronic records in applicable statutes. It outlines the terms and conditions (T&Cs) governing your use of EesyRide's technology platform, which operates as a Software-as-a-Service (SAAS) to facilitate connections between Driver (third-party vehicle operators) and Customers.

By registering or signing up for the EesyRide  platform (either via its website or mobile app), you acknowledge that you have read, understood, and agree to the T&Cs, which also include the Privacy Policy. The T&Cs will govern the relationship between you (as a Driver) and EesyRide, replacing any prior agreements.

If you disagree with these T&Cs, you should refrain from signing up or using the platform. Additionally, these T&Cs may be modified by EesyRide at its discretion and updated versions will be posted on the platform. Your continued use of the platform constitutes your acceptance of any modifications.

1.Registration and Use of Application

This section outlines the roles and responsibilities of both EesyRide and the Driver (vehicle operator) using the platform. Here's a summary:

A.Driver's Role & Responsibilities:

  • The Driver is expected to offer ride services using their own vehicle (Auto or Cab) based on agreements made directly with Customers.

  • The Driver must provide truthful, accurate, and up-to-date personal information during onboarding and use of the platform, which includes background checks, driving experience, and legal clearance (e.g., no pending criminal charges or fines).

B.Driver Information:

  • EesyRide collects and uses the Driver’s personal data (referred to as "Driver Information"), which may include KYC documents and contact details, for business operations, marketing, research, and to comply with laws.

  • The Driver gives consent for EesyRide to process and share this information with third parties an EesyRide as required (e.g., in case of legal disputes or complaints).

C.Eligibility & Onboarding:

  • EesyRide must meet specific eligibility criteria, such as having a valid driving licence , and all legal documents of vehicle.

  • Driver must complete registration by providing accurate information and documents as required by EesyRide .

D.Account Security:

  • Driver are responsible for maintaining the security of their account credentials (username, password) and ensuring that unauthorized persons do not access their account.

  • EesyRide  is not liable for any losses due to unauthorized use of the Driver’s account.

E.Communication:

  • EesyRide may communicate with Drivers through various means (push notifications, calls, emails, etc.) regarding platform services.

F.Ride Fare:

  • The platform provides an indicative price range based on government fare guidelines, but the Driver and Customer mutually agree on the ride fare.

  • EesyRide is not responsible for determining or fixing the fare for the ride service.

G.Platform Use:

  • Once registered, the Driver becomes discoverable by Customers on the platform and can offer ride services based on pick-up and drop-off locations.

  • Communication between the Driver and the Customer is facilitated on the platform after the ride request is accepted, up until the ride begins.

The document emphasizes that Drivers are responsible for providing accurate information and maintaining security, while EesyRide acts as a facilitator, offering technology-based services but not directly managing the ride fares or personal disputes between Drivers and Customers.

2.General Covenant

This section outlines several key commitments you make when accessing the platform and providing ride services:

A.Age Requirement:

  • You confirm that you are at least 18 years old, which is the minimum age required to use the platform and offer ride services.

B.Legal Eligibility:

  • You confirm that you are not restricted by any legal, regulatory, or judicial authority from accessing the platform or providing ride services. This means you do not have any legal barriers that would prevent you from using the platform.

C.Compliance with Terms:

  • You agree to provide ride services in accordance with these Terms and Conditions (T&Cs) and only as permitted by the platform’s rules and regulations.

D.Binding Obligations:

  • You acknowledge that these T&Cs create legally binding obligations on you, and you are agreeing to comply with them. This means the T&Cs are enforceable against you by law.

In short, you are committing to being of legal age, not under any legal restrictions, and to follow the platform’s rules while using it for providing ride services.

3.Payment Policy

This section outlines the financial and tax-related responsibilities of the Driver while using the platform:

a.Subscription Fees:

  • The Company may charge subscription fees for access to the SAAS Platform. These fees are subject to applicable taxes and can be updated from time to time.

          b.Ride Fare Collection:

  • The Driver is responsible for collecting the ride fare directly from their Customers. EesyRide only provides an estimated ride fare range for guidance based on market rates, but does not guarantee the accuracy or reliability of this estimate.

c. Cancellation Fees and Other Charges:

  • The Driver can levy cancellation fees, refunds, or other charges, including taxes, for services rendered. These financial arrangements are between the Drivers and their Customers and are not the responsibility of EesyRide.

d. Compensation for Platform Issues:

  • If the platform or app has technical issues that prevent the Company from providing leads to the Driver, the Company may choose to compensate the Driver in the form of liquidated damages. This compensation will be adjusted against the subscription fee paid by the Driver.

  1. Invoices:

 The Driver is required to issue invoices for the ride services to their Customers, in compliance with applicable law, including Goods and Services Tax (GST). EesyRide does not issue invoices for the Driver’s Customers nor is it involved in the payment settlement process.

  1. Payment Responsibility:

 EesyRide is not responsible for the payment settlements between the Driver and their Customers. The Driver is solely responsible for any payments owed to or by their Customers.

  1. Taxes and Compliance:

 The Driver is responsible for collecting and remitting any taxes associated with the ride services provided. EesyRide will not be accountable for tax-related issues arising from transactions between the Driver and their Customers.

  1. Right to Change or Discontinue Services:

The Company reserves the right to modify or discontinue any platform services or access to the platform at any time, including any related services.

In essence, the Driver is responsible for the financial transactions with Customers, including taxes, and EesyRide’s involvement is limited to providing the platform without taking responsibility for payment issues or invoicing. The Company also retains the right to adjust or stop platform services as needed.

4. Conducts

This section outlines the obligations of the Driver in relation to their use of the Platform, as well as the consequences for non-compliance:

1. Driver’s Obligations:

The Driver  agrees to:

  • Account Usage: 

    • Not authorize others to use their account or transfer it to any other person or entity.

  • Prohibited Activities: 

    • Not use the platform for unlawful purposes, such as storing or sending illegal material or engaging in fraudulent activities.

    • Not perform any activities prohibited by law (e.g., consuming alcohol or drugs, or engaging in illegal activities while providing ride services).

  • Interference with Platform: 

    • Not impair or damage the functionality of the platform using malicious software or tools (e.g., viruses, trojans, etc.).

    • Not impose an unreasonable load on the platform’s infrastructure or engage in activities such as denial-of-service attacks or spam.

  • Protection of Platform Integrity: 

    • Not harm the platform in any way or attempt to interfere with its proper operation.

    • Not copy or distribute any platform content without written permission from EesyRide.

    • Not use the platform with unauthorized or incompatible devices.

2. Prohibited Content Upload:

The Driver agrees not to upload or transmit any content that:

  • Ownership and Rights: 

    • Belongs to another person or to which the Driver does not have the right to use.

  • Harmful or Offensive Content: 

    • Is harmful, offensive, obscene, harassing, or violates privacy.

    • Promotes illegal activities, gambling, hate speech, or incites violence.

  • Intellectual Property Violations: 

    • Infringes on intellectual property rights (patents, trademarks, copyrights, etc.).

  • Misinformation: 

    • Deceives, misleads, or spreads false information, especially related to government matters.

  • Harm to Minors: 

    • Harms minors or promotes harmful content related to children.

  • Commercial/Unlawful Content: 

    • Includes unauthorized commercial material, advertisements, or marketing.

  • Cybersecurity Threats: 

    • Contains viruses or software designed to interrupt or damage the platform's functionality.

  • National Security: 

    • Threatens national security, public order, or incites unlawful acts.

  • Violations of Law: 

    • Violates any applicable law or regulation, including those governing online games and advertisements.

3. Termination for Non-Compliance:

  • EesyRide reserves the right to immediately terminate the Driver's access to the platform if they do not comply with the above rules.

4. Safety Regulations:

  • For safety reasons, the Driver is not permitted to operate for more hours than prescribed by applicable law on a given day. The Driver is also required to take mandatory breaks as per the law before they can resume offering ride services on the platform.

5. Identity Verification:

  • The Driver consents to provide identity documents as required by EesyRide’s policies or through a third-party agent appointed by the Company, for verification purposes.

 

These conditions ensure that the Driver operates responsibly and within the legal framework while using the platform. Non-compliance could lead to suspension or termination of the Driver's access to the platform, and any unlawful or harmful actions are strictly prohibited.

5.Represenatation and Warranties.

1. Representations by the Driver and the Company:

Both the Company (EesyRide) and the Driver represent and warrant the following:

  • Authority and Power:

    • They have the requisite power and authority to deliver and perform the obligations outlined in the agreement.

  • Compliance with Laws:

    • The execution and performance of their obligations do not violate any existing agreements, laws, rules, regulations, or judicial orders applicable to either party.

2. Representations and Warranties by the Drivers:

The Driver  further represent, warrant, and covenant the following:

  • Legal Rights and Permissions:

    • They have all rights, licenses, and permits as required under applicable laws to perform the ride services in accordance with these T&Cs.

  • Compliance with the Motor Vehicles Act (MV Act):

    • They are in compliance with the Motor Vehicles Act, 1988, and any other applicable laws, rules, or regulations that are required for driving vehicles or providing ride services.

  • Criminal History and Offenses:

    • They have not been convicted of driving under the influence of alcohol or any cognizable offense (such as fraud, sexual offenses, property damage, theft, violence, or terrorism) within the past 3 years under the Code of Criminal Procedure, 1973 or Indian Penal Code, 1860.

  • Licenses and Insurance:

    • They hold and will maintain updated and renewed licenses, insurance, and permits necessary for the use of their vehicle.

  • Adherence to Traffic Regulations:

    • They will comply with traffic regulations and all applicable laws while providing ride services.

  • No Illegal Items:

    • They will not carry any weapons, firearms, ammunition, explosive devices, or dangerous substances during the performance of ride services.

  • Platform's Role:

    • The Platform (EesyRide) is not responsible for any actions taken by the Driver, including but not limited to ride cancellations or refusals

6.Relationship between the Parties

Independent Relationship between the Company and the Driver

  • Access to the Platform:
    The Driver will use the SAAS Platform to discover leads for their Customers.

  • No Partnership or Employment:
    The relationship between the Driver and the Company is not a partnership, joint venture, agency, or any other form of collaboration that would create an employer-employee relationship. The Company and the Driver are independent legal entities.

  • No Authority to Bind:
    Neither the Company nor the Driver has the authority to conclude contracts or make any commitments on behalf of the other party in any capacity.

In essence, while the Driver uses the Platform to discover leads, their relationship with the Company is solely that of an independent service provider using the platform for business purposes, with no shared liability or authority for each other.

7.Confidentiality

·  Confidential Information:
The Driver agrees to maintain confidentiality regarding all Confidential Information, which includes but is not limited to:

  • Customer data: Details of Driver’s Customers and related market information.

  • Platform information: All content, work products, and documents related to the SAAS Platform.

  • Business data: Information about the Company’s operations, technology, business plans, finances, and other sensitive details.

·  Use of Confidential Information:
The Driver will not disclose, sell, or make Confidential Information available to third parties. The Driver is permitted to use this information only for the purpose of providing ride services and in accordance with Company guidelines.

·  Ownership of Customer Data:
The data of Driver’s Customers is either the exclusive property of the Company or the Driver’s Customers. The Driver is not permitted to use or distribute this data for any purpose other than as required for providing the ride services.

·  Scope of Confidential Information:
Confidential Information includes:

  1. Platform and ride service details.

  2. Information about the Company, its business partners, and affiliates, including technology, marketing, and financial matters.

  3. Data related to third parties (like Drivers Customers), which the Company is obligated to keep confidential.

  4. Discussions or negotiations between the Driver and the Company.

  5. Any other sensitive data that should be reasonably regarded as confidential.

8.Propreitary  Rights

Intellectual Property Rights and Ownership

a.Ownership of the Platform:
The Company is the sole owner and lawful licensee of all rights to the SAAS Platform and any other digital media associated with it. This includes the design, layout, text, images, graphics, sounds, video, and all related content on the Platform. These contents embody trade secrets and Intellectual Property Rights protected under worldwide copyright and other applicable laws.

b.Intellectual Property Rights (IPR):
"Intellectual Property Rights" (IPR) encompasses a range of proprietary rights, including:

  • Patent rights and utility models.

  • Copyrights and database rights, including moral rights.

  • Trademarks, trade names, domain names, trade dress, and associated goodwill.

  • Trade secrets.

  • Industrial design rights, including any registrations or applications to register such rights in any jurisdiction worldwide.

c.Reserved Rights:
All rights not expressly claimed under these T&Cs or by the Company are reserved. The information on the Platform is intended for general informational purposes and the user accepts full responsibility for its use.

d.Trademarks and Service Marks:
The icons, logos, and other branding on the Platform are registered trademarks or service marks of the Company in various jurisdictions. Unauthorized use, copying, modification, or publication of these marks is prohibited.

e.Permission Grant to Driver:
Subject to compliance with these T&Cs, the Company grants the Driver a limited, non-exclusive, revocable, non-transferable permission to:

  • Download and install a copy of the EesyRide mobile application on a single mobile device that the Driver owns or controls.

  • Use the application solely for personal use during the term of these T&Cs.

Driver’s Data and Intellectual Property:

  • The Driver retains ownership of their information, including any data and content they input into the Platform (referred to as Your Information).

  • The Driver grants the Company a worldwide, royalty-free, non-exclusive license to use, perform, and distribute their data as necessary for operating, maintaining, and improving the Platform, including in Aggregated Statistics.

a.Aggregated Statistics:

  • The Company may compile Aggregated Statistics from the Driver's use of the Platform and use such data in an anonymous and aggregate manner for purposes of improving the Platform and enhancing services.

  • The Aggregated Statistics, along with any associated intellectual property rights, remain the exclusive property of the Company.

  • The Company may share these Aggregated Statistics publicly or use them for data analysis, service improvement, and marketing without revealing the identity of the Driver.

b.Prohibited Actions by the Driver: The Driver agrees not to:

  • License, sublicense, sell, transfer, or commercially exploit the Platform.

  • Modify, create derivative works, or reverse engineer the Platform.

  • Create links, mirror, or frame the Platform on any external servers.

  • Design or build competing services or products based on the Platform's features, ideas, or graphics.

  • Launch automated programs or scripts such as bots, web crawlers, or viruses that could harm the Platform or its performance.

9. Indemnity

Indemnification and Liability

  1. Indemnity by Driver:
    The Driver agrees to indemnify, defend, and hold harmless the Company, its affiliates, licensees, and its officers, directors, agents, and employees. This indemnification covers:

  • Claims, liabilities, obligations, losses, damages, or any deficiencies arising from the Driver's actions.

  • This includes any assessments, judgments, costs, or expenses, such as attorney fees and court costs, incurred as a result of: 

    • Misuse or unauthorized use of the Platform or the services provided through the SAAS platform.

    • Breach or violation of the T&Cs by the Driver.

    • Any third-party claims arising from or related to the ride services provided by the Driver or any use of the Platform by the Driver.

  1. Scope of Responsibility:
    The Driver will bear the responsibility for any legal actions or claims that arise due to the Driver's non-compliance with the T&Cs, misuse of the Platform, or any consequences stemming from the Driver's activities involving the Platform or ride services provided to Customers.

10.Disclaimers

Disclaimers and Limitation of Liability

  1. No Guarantees or Warranties:

  • The Company does not guarantee the reliability, timeliness, quality, suitability, availability, accuracy, or completeness of the SAAS services or the Platform.

  • The Company does not guarantee that the Platform will be secure, uninterrupted, error-free, or compatible with other systems or devices.

  • The Platform is provided on an "as is" basis, and the Company disclaims all implied warranties, including fitness for a particular purpose, merchantability, or non-infringement.

  1. Liability for Platform Usage:

  • The entire risk associated with using the Platform remains with the Driver, and they have no recourse against the Company in case of issues arising from use.

  • The Company does not take responsibility for the accuracy or reliability of any information, advertisements, or third-party content found on the Platform or accessed via the Platform.

  1. Limited Liability of Company:

  • The Company is not responsible for any delays, failures, or interruptions caused by acts of God, weather, mechanical failures, or other external factors beyond its control (e.g., strikes, internet issues, governmental restrictions).

  • The Company also does not accept liability for any damages caused by viruses, malware, or other issues stemming from using the Platform, or from miscommunication or electronic communication errors.

  1. Third-Party Services and Driver’s Responsibility:

  • Drivers are independent service providers, and the Company is not responsible for the actions, inactions, or quality of services provided by the Drivers, nor the quality of the Vehicle.

  • Any contract regarding the ride services, including payment and service quality, is exclusively between the Driver and the Customer, with the Company being excluded from this agreement.

  1. Role of the Company:

  • The Company is not a ride service provider. Its role is limited to enabling lead generation, connecting Drivers with Customers for ride services.

11. Limitation of Liability

Limitation of Liability

  1. No Responsibility for Driver's Actions:

  • The Company is not responsible for the behavior, actions, or inactions of the Drivers, or the quality of the Vehicle.

  • Any contract for providing ride services is solely between the Driver and the Customer. The Company is not a party to this contract.

  1. Exclusion of Certain Damages:

  • EesyRide will not be liable for any indirect, punitive, incidental, special, or consequential damages arising from the use of the Platform or services, regardless of whether the claim is based on contract, tort, negligence, strict liability, or any other legal theory, even if the Company was advised of the potential for such damages.

  1. Cap on Liability:

  • To the maximum extent permitted by law, EesyRide's total liability in connection with the T&Cs or the services provided will not exceed INR 100/-.

12.Termination

·  Company's Right to Terminate:

  • The Company has the right to terminate these T&Cs at any time and with immediate effect, at its sole discretion, by disabling the Driver's registration on the Platform and restricting access to the Platform.

  • Reasons for termination may include, but are not limited to:

    • Violation or breach of any term in these T&Cs.

    • Non-compliance with applicable laws.

    • Misuse of the Platform by the Driver, as determined by the Company.

    • If the Company believes the Driver’s continued involvement is detrimental to EesyRide’s business interests due to the Driver’s actions.

·  Immediate Termination:

  • The Company may terminate the T&Cs immediately without prior notice if any of the above situations arise.

·  Legal Action:

  • In addition to termination, EesyRide may choose to prosecute the Driver legally if there is any suspicion of fraudulent activity or contravention of these T&Cs or any applicable laws.

  • EesyRide is not responsible for any consequences the Driver may face as a result of such actions.

·  Obligations Upon Termination:

  • Driver’s Obligations:

    • The Driver must stop accessing the Platform.

    • The Driver must cease presenting themselves as a ride service provider using EesyRide’s SAAS Platform in any capacity.

13. Governing Law, Jurisdiction and Dispute Resolution

·  Governing Law:

  • These T&Cs will be governed by and interpreted in accordance with the laws of the Republic of India.

·  Exclusive Jurisdiction:

  • Subject to Clause XIII.3, the courts of Bangalore, India will have exclusive jurisdiction over any legal matters arising from these T&Cs.

·  Dispute Resolution:

  • Amicable Settlement:

    • The parties agree to settle any disputes amicably.

    • If no resolution is reached within 15 (fifteen) days from the first initiation of the dispute, the matter will proceed to arbitration.

·  Arbitration Process:

  • Arbitration Act: Disputes will be resolved through arbitration in accordance with the Arbitration and Conciliation Act, 1996.

  • Arbitral Tribunal: The arbitration will be conducted by a tribunal consisting of 1 arbitrator, mutually appointed by both parties.

  • Language & Location: The arbitration proceedings will be conducted in English and the seat for arbitration will be in Bangalore, India.

·  Finality of Award:

  • The award issued by the arbitral tribunal will be final and binding on both parties.

14.Assignment

  The Driver may not assign or transfer their rights or obligations under these T&Cs to any third party without obtaining prior written approval from the Company.

 EesyRide's Right to Assign:
EesyRide, however, may freely assign or transfer its rights and obligations under these T&Cs without requiring prior notice or consent from the Driver.

15.Amendment

 Right to Amend:
The Company (EesyRide) has the sole discretion to amend these T&Cs from time to time as needed.

 Notification of Material Changes:
If any material changes are made to the T&Cs, EesyRide will make a reasonable effort to inform you. However, it is your responsibility to review the T&Cs regularly to ensure you're aware of any updates.

  Effect of Changes:
Any updated version of these T&Cs will replace the previous version and will become immediately effective upon being posted on the Platform.

Continued Use Constitutes Acceptance:
By continuing to use the Platform after the T&Cs have been updated or modified, you are deemed to have accepted the revised terms.

16.Severability

Severability Clause

  • Unenforceable Portion:
    If any part of these T&Cs is found to be unenforceable (i.e., deemed invalid or not legally binding), that specific portion will be severed from the agreement.

  • Remaining T&Cs:
    The rest of the T&Cs will remain in full force and effect, unaffected by the unenforceability of the specific portion.

17.Notices

Notice Provision

  • Company’s Method of Notice:
    The Company may provide notices to the Driver through any of the following methods:

    • A general notice on the Platform.

    • Electronic mail sent to the Driver’s registered email address with the Company.

    • Written communication sent via regular mail to the Driver’s registered address with the Company.

  • Driver’s Method of Notice:
    If the Driver needs to send any notices to the Company, they should do so by emailing:
    Support@eesyride.com

18.Customer Support and Grievances addressal

Email for Opinions, Issues, or Suggestions:
You can reach out to Customer Care for any opinions, issues, or suggestions related to the Platform at:
support@eesyride.com

·  24/7 Call Support for Technical Issues & Safety:
Customer Care is available via phone support 24/7 to address any technical issues you face on the SAAS Platform or any safety and security situations.

·  Exclusions from Customer Care:
Please note, Customer Care is not responsible for handling issues related to the ride services provided by you to your Customers, such as:

  • Ride fare inquiries or disputes.

  • Collection of ride fare.

  • Service quality issues.