TERMS AND CONDITIONS FOR WAKUK PARTNER (DRIVER/OWNER)
LAST UPDATED ON: 3RD MAY, 2019
IMPORTANT, PLEASE READ CAREFULLY:
PLEASE READ THE FOLLOWING TERMS OF THIS AGREEMENT CAREFULLY BEFORE PROCEEDING. THIS TERMS AND CONDITIONS FOR DRIVER (“AGREEMENT”) IS A LEGAL AGREEMENT BETWEEN YOU (Referred to as “YOU” OR “YOUR” OR “DRIVER” AS THE CASE MAY BE) AND WAKUK TECHNOLOGIES PRIVATE LTD, A PRIVATE LIMITED COMPANY REGISTERED UNDER THE COMPANIES ACT, 2013 BEARING CIN (U72900TG2019PTC132185) AND HAVING ITS REGISTERED OFFICE AT 2-48/5/6, 7A, SEVENTH FLOOR, VAISHNAVI CYNOSURE, TELECOM NAGAR, GACHIBOWLI, HYDERABAD, TELANGANA 500032 (HEREINAFTER REFERRED TO AS “COMPANY”), CONTAINING THE TERMS AND CONDITIONS GOVERNING YOUR ENAGEMENT WITH THE COMPANY WITH RESPECT TO THE TRANSPORTATION SERVICES(defined below).
BY CLICKING ON THE "I AGREE" BUTTON, YOU EXPRESSLY AGREE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTOOD IT, AND HAVE AGREED AND GIVEN YOUR CONSENT TO BE BOUND BY THESE TERMS AND CONDITIONS.
IF YOU DO NOT AGREE OR DO NOT WISH TO CONSENT TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT, EULA, TOU AND PP, THEN DO NOT CLICK THE "I ACCEPT" BUTTON UPON WHICH THIS TRANSACTION SHALL BE AUTOMATICALLY CANCELLED AND YOU WILL NOT BE ALLOWED TO PROCEED ANY FURTHER.
“APPLICABLE LAWS” shall mean all statutes, enactments and acts of legislature or parliament, ordinances, rules, bye-laws, regulations, notifications, guidelines, policies, directions, directives and orders of any government, statutory authority, tribunal, board or competent Court;
“FIXED FARE(S)” shall mean the fare/charges for each Matched Ride (as defined below) fixed by the Company and displayed on the Software Product. The Company reserves the right to alter the Fixed Fares, at its sole discretion, at any time, during the term of this Agreement;
“GOVERNMENT AUTHORITY(IES)” shall mean any governmental or statutory authority, government department, tribunal or Court or other entity duly authorized to make laws, rules or regulations or pass directions having or purporting to have jurisdiction or any State or other subdivision thereof or any municipality, district or other subdivision thereof having jurisdiction pursuant to the laws of applicable jurisdiction;
“MOTOR VEHICLES” shall mean a good working condition, four-wheeled, light motor vehicles manufactured in India, with neat and clean interiors;
“RIDER” shall mean all users of the Software Product who are registered as a ‘rider’ with the Company, on the Software Product, and are desirous of availing the Services offered by You on the Software Product;
“SOFTWARE PRODUCT” shall mean the online cab aggregation platform, called ‘Wakuk’, that be accessed through the internet and can be downloaded on mobile phones, tablets, pads etc.,wherein You can list the details of the Services You desire to offer to the Riders;
“TRANSAPORTATOINSERVICES” or “SERVICES” shall mean the transportation and logistics services offered by You on the Software Product;
“USER(s) shall mean and include the Drivers and Riders.
ROLE OF THE COMPANY
THE COMPANY ITSELF NEITHER PROVIDES ANY TRANSPORTATION OR LOGISTICS SERVICES NOR OPERATES ANY TRANSPORTATION FLEET. THE COMPANY THROUGH ITS SOFTWARE PRODUCT, ONLY FACILITATES ONLINE LISTING OF YOUR TRANSPORTATION SERVICES, THAT YOU AS A DRIVER WOULD LIKE TO OFFER TO THE RIDERS WHO ARE LOOKING FOR TRANSPORTATION FROM ONE LOCATION TO THE OTHER ON HIRE (“RIDE”).
ONCE YOU LIST YOUR SERVICES ON THE SOFTWARE PRODUCT, BYSUCCESSFULLY COMPLETING ALL ACTIONS MANDATED BY THE COMPANY FOR YOUR REGISTRATION ON THE SOFTWARE PRODUCT AS A ‘DRIVER’ WHICH INCLUDES CREATING YOUR ACCOUNT ON THE SOFTWARE PRODUCT,AND SUBSEQUENTLY YOU DECLARE YOURSELF ‘ACTIVE’ BY TURNING ON THE SOFTWARE PRODUCT, THE SOFTWARE PRODUCT WILL MATCH RIDERS, IN AND AROUND YOUR LOCATION WHO, AT THAT TIME, ARE SEEKING A RIDE. ONCE THE SOFTWARE MATCHES YOU WITH A RIDER (“MATCHED RIDE”), IT IS AT YOUR SOLE DISCRETION TO DECIDE WHETHER YOU ARE WILLING TO TAKE UP THE MATCHED RIDE.SIMILARLY,IT SHALL BE AT THE SOLE DISCRETION OF THE RIDER TO DECIDE WHETHER OR NOT TO ACCEPT YOU AS HIS/HER DRIVER FOR THE MATCHED RIDE.IT IS HEREBY CLARIFIED THAT IN THE EVENT THE DRIVER AND THE RIDER AGREE TO OFFER AND ACCEPT A MATCHED RIDE, RESPECTIVELY, THE SOFTWARE PRODUCT SHALL SHARE THE CONTACT DETAILS OF THE RIDER AND THE DRIVER WITH EACH OTHER.
ANY DECISION BY A USER TO OFFER OR ACCEPT SERVICES FOR A MATCHED RIDE THROUGH THE SOFTWARE PRODUCT IS A DECISION MADE IN SUCH USER’S SOLE DISCRETION. EACH TRANSPORTATION SERVICE PROVIDED BY A DRIVER TO A RIDER SHALL CONSTITUTE A SEPARATE AGREEMENT BETWEEN SUCH PERSONS.
The Company will not charge any compensation from You for facilitating the online listing of Transportation Services on the Software Product, and it shall be provided to You free of cost, unless the Company decides otherwise at its sole discretion. If such change happens, You will be notified via the Software Product. It is hereby clarified that that the Company shall,at all times,reserves the right to allow advertisements and other third-party links on the Software Product and/or its website, as and when it deems fit, at its sole discretion for the purpose of generating revenues.
As a compensation for each Matched Ride, You shall charge the Rider the Fixed Fare determined by the Software Product, for such Matched Ride, and You will not charge anything extra from the Rider, other than the Fixed Fare.
The Driver hereby covenants that, at the time of this Agreement and at all times during the pendency of the Agreement, the Driver shall ensure that the he/she is validly in possession of the following as per Applicable Laws:
Commercial driving license in his name obtained from the relevant Government Authority,under Applicable Laws, with ‘All India Permit’ to drive Motor Vehicles throughout India;
A Motor Vehicle, which is fully air-conditioned and has not completed more than 5 years from the date of its first registration with a Government Authority;
All compliance documents required to validly own and operate Commercial Motor Vehicles in India under Applicable Laws, including but not limited to registration certificate for the Motor Vehicle in the name of the Driver, pollution compliance document, commercial insurance for the Motor Vehicle, etc.;
An Android® or iOS® smart phone, which is in good working condition and is capable of installing and running the Software Productand providing connectivity to the World Wide Web;
A functioning Indian mobile phone number, with incoming and outgoing calls facility, registered in the name of the Driver,obtained from any of the pan India mobile telecom network servicesproviding companies in India, along with requisite mobile recharge or talk time balance or validity which is necessary to make callsto and receive calls from Riders and to ensure that the Driver’s phone is connected to the World Wide Web at all times;
Cash, in Indian Rupees, at hand, along with change in all denomination and other online means of transaction such as online wallets, card machines etc. which can be used to collect the Fixed Fares from the Riders; and
Any registrations, licenses, approvals or documents required under Applicable Laws to perform the terms and conditions of this Agreement and to provide the Transportation Services.
The Driver covenants to promptly notify the Company if, any of its obligations detailed under Clause 5.1.1 is cancelled, suspended, expired or disqualified for any reason whatsoever.
The Driver shall, at all times and at his/her own cost, periodically maintain the Motor Vehicle, used for providing the Transportation Services to the Riders under this Agreement, in a good working condition with neat and clean interiors and shall ensure that: (a) the Motor Vehicle at all times has at least quarter tank fuel out of its full capacity; (b) the engine oils, brake oils, coolant, lubricants etc. of the Motor Vehicle is periodically changed and replenished at a service station recognized by the company manufacturing the Motor Vehicle; (c) periodical repairs of the Motor Vehicle is undertaken; (d) the tyres and other replacement parts for the Motor Vehicle is periodically changed; and (e) any other act required to maintain the Motor Vehicle in good working condition.
The Driver shall all times operate the Motor Vehicle in accordance with the Applicable Laws and shall not use or allow the Motor Vehicle to be used in a manner which is in violation of the Applicable Laws.
The Services rendered by the Driver to the Rider through the Software Product shall be of highest quality as per industry standards and in accordance and requirements of this Agreement.
The Driver will provide Services using only that Motor Vehicle which has been reported to the Company and whose details have been provided to the Company at the time of his/her registration as a ‘driver’ on the Software Product. Also, in the event of the Driver switches the registered Motor Vehicle with an alternate Motor Vehicle, for rendering the Services, the Driver must, inform the Company of the same and follow all instructions and directions provided by the Company to enable the Driver to use the alternate Motor Vehicle for rendering the Services. It is hereby clarified that the Driver will not provide any Services through the Software Producttill the alternate Motor Vehicle is reported to the Company, Driver’s account on the Software Product has been updated,and the details of alternate Motor Vehicle has been successfully recorded by the Company.
The Driver will not transport more passengers than can securely be seated in such Motor Vehicle (and no more than three (3) passengers, in any instance, in a hatchback/sedan type Motor Vehicle and no more than five (5) passengers, in any instance, in a SUV/MUV type Motor Vehicle).
The Driver shall not impersonate any person or entity and shall not rent, lease, lend, sell, redistribute, license or sublicense the Software Product or any portion of the Software Product.
The Driver shall not post information or interact on the Software Product or other Users in a manner which is false, inaccurate, misleading (directly or by omission or failure to update information), defamatory, libelous, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, or illegal.
Driver alone shall be responsible and liable for violation of any Applicable Laws in the performance of his/her obligations under this Agreement and for any conduct, which results in any violation of any Applicable Laws, while rendering the Services.
Any complaint/s by Users regarding the Driver will be a breach of the Driver’s obligations / duties under this Agreement. The Company may, in its absolute sole discretion, require,inter alia, that such Driver be suspended / withdrawn / black listed / terminated from rendering his/her Services through the Software Product.
The Driver hereby agrees that the Driver shall be fully liable for any loss or damage incurred by the Company due to negligence, willful misconduct or any violation of Applicable Laws or the terms of this Agreement or for any reason attributable to the Driver.
In the event of an accident during the course of the Services,the Driver will be solely responsible for (1) compliance with any Applicable Laws including directions of any Governmental Authorities, (2) for reporting the accident to the Company, (3) reporting the accident to the insurer in atimely manner, (4) to get the Motor Vehicle and other Users, if any, to safety,and (5) for all necessary contacts with the Driver’s insurance carrier.
Any false or incorrect details / information / documents furnished by the Driver to the Company or the Rider will be considered a breach of this Agreement and could result in the Driver being suspended / withdrawn / black listed / terminated from rendering his Services through the Software Product with immediate effect.
Driver shall not pilfer any belongings of Rider.
Driver shall not drink, or consume illegal drugs or narcotics or mind-altering substances (whether legal or illegal) - and drive.
Driver shall not at any time use abusive language or do anything like abusing/harassing a Rider or any such behavior which shall make the Rider feel uncomfortable during the Ride.
Driver shall not abandon the Rider vehicle in the middle of a Ride even if any misunderstanding or verbal fights happen between the Riderand the Driver.
If Driver’s vehicle breaks down, the Driver should assist the Rider to safety and ensure that the Motor Vehicle reaches a safe and secure location.
The Driver must not conduct, during the performance of the Services and at any time during the pendency of this Agreement, in any manner that directly or indirectly impacts the Company’s brand image and/or disparages the Company, the Software Product or the Riders.
Driver must wear neat and clean clothes and have a good level of personal hygiene while rendering the Services.
Driver shall not smoke or chew tobacco or ‘paan’or chewing gum during a Ride inside the Motor Vehicle.
The Driver should not make any fake calls or give any missed calls to the Rider contact numbers or misuse any information shared with him/her by the Company in any way.
Driver shall not use mobile phones while driving, neither directly nor indirectly through Bluetooth, hands free, speakerphone etc.
The Driver confirms and fully understands the TOU, PP, EULA and the terms of this Agreement are subject to change at the absolute sole discretion of the Company and any such changes may be informed to the Driver through his/her registered e-mail.
The Driver shall pay all applicable state and local taxes under Applicable Laws based on provision of Services and any payments received by the Driver.
The Driver shall not make any misrepresentation regarding the Company, the Software Product, the Riders, the Transportation Services or the his/ her relation with the Company as an independent contractor, or, while providing the Services, operate as a public carrier or taxi service, accept street hails,charge for rides (except as expressly provided in this Agreement), or engage in any other activity or conduct in a manner thatis inconsistent with the terms and conditions under this Agreement.
The Driver will not attempt to defraud the Company or Riders in connection with the provision of Services. If the Company suspectthat the Driver have engaged in fraudulent activity the Company reserves the right to take appropriate action, that it deems fit.
The Driver will not discriminate or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation.
The Driver agrees that the Company may obtain information about him/her, including the Driver’s criminal and driving records, and the Driver agrees toprovide any further necessary authorizations to facilitate the Company’s access to such records during the term of theAgreement.
REPRESENTATION AND WARRANTIES
The Driver represents and warrants that, the Driver:
has completed 18 years of age and is physically and mentally fit for driving the Motor Vehicle commercially in India;
has the requisite competence, skillset and experience in order to perform the Transportation Services to be provided to the Riders under this Agreement in a manner that conform to the highest standard in the industry and the terms of this Agreement;
possess a valid driver’s license with Badge number and other requisite documents to operate the Motor Vehicle and have all appropriate licenses, approvals and authority under Applicable Laws to provide Transportation Services to Riders in all jurisdictions in which he/she will operate;
possesses all requisite documents conferring the legally valid, absolute, uninterrupted and continuing ownershipand/or possession of the Motor Vehicle under Applicable Laws;
has not violated any Applicable Laws and has no suit, action, litigation, cases etc. pending against him/her or the Motor Vehicle(s) (which he/she will be using during the performance of the Services);
has not entered into any agreements, contracts, or is under any kind of obligation whatsoever, which restricts the Driver from performing the Transportation Services and/or fulfilling his/her obligations under this Agreement;
all information, details and documentations furnished by the Driver with the Company whether at the time of registration on the Software Product or creation of the account on the Software Product or at any time thereafter are true and correct in all aspects; and
possesses andshall continue to possess, at all times, a valid policy of commercial motor insurance (in coverage amounts consistent with all applicable legal requirements under Applicable Laws) that names or schedules the Driver for the operation of the Motor Vehicle on a commercial basis.
The Driver shall defend, indemnify, and hold the Company and its affiliates and each of the Company and its affiliates’ officers, directors, employees, agents, shareholders and suppliers harmless from any claims, actions, suits, losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of the Driver’s use of the Software Product and rendering of the Services, including, the Driver’s:
breach of this Agreement or the documents it incorporates by reference;
violation of any Applicable Laws or the rights of a third party, including, without limitation, Riders, other motorists, and pedestrians, as a result of his/her interaction with such third party;
materials or information or documents that were submitted to the Company or transmitted through the Software Product or to Riders infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party;
ownership, possession, use or operation of a Motor Vehicle including at the time of provision of Services; and/or
any other activities in connection with the Services.
Additionally, the Driver shall indemnify the Company from and against and in respect of any or all liabilities, losses, charges and expenses (including legal fees and costs on a full indemnity basis) claims, demands, actions and proceedings, which the Company may incur or sustain directly or indirectly from any breach by Driver of its covenants, duties and obligations hereunder or any breach of Driver representations and warranties, or by any reason, including, but not limited to personal injuries, death and property damages attributable to the provision of Services by the Driver and Driver shall forthwith pay all such sums on demand by the Company in writing.
The indemnity obligations shall be applicable without regard to the negligence of any party, including any person liable to be indemnified hereunder and shall be in furtherance to any remedy that the Company may have under the Applicable Laws.
DISCLAIMER AND LIMITATION OF LIABILITY
The Driver hereby agrees and fully understands that the Company does not in any way control the Riders. Therefore all information provided to the Drivers by the Company on the Software Product shall be on an ‘as-is-where-is’ and ‘as available’ basis. The Company hereby disclaims and shall disclaim all representations and warranties of any kind, whether express or implied as to condition, suitability, quality, merchantability and fitness for any purposes in respect of any and all information provided to the Drivers on the Software Product.
The Company shall not be held liable or responsible in any manner what so ever for any insufficiency or deficiency of the Services rendered by the Driver to the Rider. It is hereby clarified that the Driver shall be held solely liable or responsible for any insufficiency or deficiency of Service rendered by the Driver to the Rider, including occurrence of any personal injuries, death and property damages.
The Company disclaims and shall disclaim all representations and warranties of any kind, whether express or implied as to condition, suitability, quality, merchantability and fitness for any purposes in respect of any and all services provided by the Driver to the Rider, including but not limited to the Transportation Services rendered by the Driver to any Rider.
The Company shall not be responsible or liable for any loss or damage, howsoever caused or suffered by the Driver arising out of or attributable to the Software Product including but not limited to the failure on the part of the Software Product to effectively facilitate the offer and acceptance of the Transportation Services between the Driver and the Rider,for any reason whatsoever including Rider’s non-compliance, misrepresentation which might lead to a fake booking or missed booking on account of any incorrectly placed instructions, or malfunction, partial or total failure of any internet network, data processing system, computer tele-transmission or telecommunications system or other circumstances whether or not beyond the control of the Company.
Without prejudice to the above, the Company shall not be liable for any direct or indirect loss or damage or payment, which may be suffered by the Driver as a result of any failure by anyRider to start / complete the Matched Ride at the given stipulated time or location even if the Rider has agreed to such timing or location or if the Rider has altogether cancelled the booking of the Service.
Without prejudice to that what is stated in this Agreement, the Company makes and shall make no representation or warranty to the Driver that: (1) the service of Software Product will meet the Driver’s requirements;and (2)The service provided by Software Product will be uninterrupted, timely, secure, or error-free.
NOTWITHSTANDING ANYTHING CONTAINED HEREIN ABOVE, THE COMPANY SHALL NOT BE LIABLE OR RESPONSIBLE TO THE DRIVER FOR ANY REASON WHATSOEVER AND IN ANY MANNER WHATSOEVER.
NOTWITHSTANDING ANYTHING CONTAINED HEREIN, THE MAXIMUM LIABILITY OF THE COMPANY, IF ANY, TO THE DRIVER, UNDER THIS AGREEMENT, IN ANY EVENT, WHICH INCLUDES ANY FAILURE BY THE COMPANY UNDER THIS AGREEMENT, SHALL BE RESTRICTED AND LIMITED TO 10% OF THE TOTAL AMOUNT OF REVENUE EARNED BY THE DRIVER IN ANY GIVEN MONTH IN THE PRECEDING 12 MONTHS.
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR EACH OF THE COMPAY’S AND ITS AFFILATE’S RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS OR SUPPLIERS, BE LIABLE TO THE DRIVER FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR DELETION, CORRUPTION, LOSS OF DATA, LOSS OF PROGRAMS, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY THE SOFTWARE PRODUCT, SERVICE INTERRUPTIONS, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES) ARISING OUT OF OR IN CONNECTION WITH THE SOFTWARE PRODUCT, THE SERVICES, OR THIS AGREEMENT, HOWEVER ARISING INCLUDING NEGLIGENCE, EVEN IF THE COMPANY OR ITS AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL AND/OR CONSEQUENTIAL (INCLUDING, BUT NOT LIMITED TO PHYSICAL DAMAGES, BODILY INJURY, DEATH AND/OR EMOTIONAL DISTRESS AND DISCOMFORT) ARISING OUT OF THE DRIVER’S COMMUNICATING WITH OR MEETING OTHER USERS OF SOFTWARE PRODUCT, EVEN IF THE COMPANY OR ITS AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
This Agreement supersedes all prior agreements and understandings (whether written or oral) made between the Company and the Driver, except for EULA, PP and TOU.
The relationship between the Driver and the Company be that of an independent contractor, which is non-exclusive, and on a principal-to-principal basis. Nothing in this Agreement shall be construed to constitute a partnership, agency or employer- employee relationship between the Driver and the Company.
In the event that You have a dispute with one or more Users, You agree to release the Company (including its affiliates and each of the Company’s and its affiliate’s respective officers, directors, employees, agents, shareholders, and suppliers) from claims, demands anddamages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising outof or in any way connected to such disputes with other Users or to Your use of the Software Services or rendering of the Services.
TERM AND TERMINATION
This Agreement is effective upon Your registration on the Software Product as a ‘driver’ and creation of Your account in the Software Produc t.
You may discontinue Your use of the Software Product or participation in the Services at any time, for any reason. Similarly, the Company may suspend or deactivate Your account (as a ‘driver’), or revoke Your permission to access the Software Product, at any time, for any reason, upon providing notice to You. The Company reserve the right to refuse access to the Software Product to any User for any reason not prohibited under Applicable Laws.
Either party may terminate the Agreement for any reason uponwritten notice to the other party.
Clauses 5, 6, 7, 8, 11, 12, 13 and 14 shall survive any termination orexpiration of this Agreement.
You agree not to use any technical, financial, strategic and other proprietary and confidential information relating to the Company’s business, operations and properties, including other User information (“Confidential Information”) disclosed to You by the Company for Your own use or for any purpose other than as contemplated herein. You shall not disclose or permit disclosure of any Confidential Information to third parties. You agree to take all reasonable measures to protect the secrecy of and avoid disclosure or use of Confidential Information of the Company in order to prevent it from falling into the public domain. Notwithstanding the above, You shall not have liability to the Company with regard to any Confidential Information which you can prove: was in the public domain at the time it was disclosed by the Company or has entered the public domain through no fault of Yours; was known to You, without restriction, at the time of disclosure, as demonstrated by documents in existence at the time of disclosure; is disclosed with the prior written approval of the Company; becomes known to You, without restriction, from a source other than the Company without breach of this Agreement by You and otherwise not in violation of the Company’s rights; or is disclosed pursuant to the order or requirement of a court, administrative agency, or other Governmental Authority (“Order”); provided, however, that You shall provide prompt notice of such Order or requirement to the Company to enable the Company to seek a protective order or otherwise prevent or restrict such disclosure.
Each party must, at its own expense, whenever reasonably requested by the other party, promptly do or arrange for others to do, everything reasonably necessary or desirable to give full effect to this Agreement and the transactions contemplated by this Agreement.
INVALID OR UNENFORCEABLE PROVISIONS:
If a provision of this Agreement is invalid or unenforceable by virtue of the Applicable Laws in India:
i. such provision shall be read down or severed to the extent of the invalidity or unenforceability; and
ii. the fact does not affect the validity or enforceability of the reminder of the Agreement.
The Company reserves the right to amend this Agreement from time to time and in such an event shall inform the Driver of such amendment in writing through his registered e-mail.
SUCCESSORS AND ASSIGNS:
This Agreement is binding on, and has effect for the benefit of, the parties and their respective successors and permitted assigns. The Company may at any time assign this Agreement and any of its rights and obligations hereunder to any affiliate of the Company without the consent of the Driver, and to any other party by providing prior notice in writing to the Driver. Nothing in this Agreement, can be assigned by the Driver without the prior written consent of the Company.
MEDIATION AND ARBITRATION:
In the event of any controversy or claim arising out of or relating to this Agreement, or a breach thereof, the parties hereto shall first attempt to settle the dispute by mediation, administered by a Mediator mutually agreed upon by the parties and the rules governing such mediation shall be the Companies (Mediation and Conciliation) Rules, 2016. If settlement is not reached within 60 (Sixty) days after service of a written demand for mediation, any unresolved controversy or claim shall be settled by arbitration administered by a sole arbitrator appointed by the Company. The arbitration shall be governed by the Arbitration and Conciliation Act, 1996, and the laws of India, and where applicable, the laws of the state of Telangana. The place of arbitration shall be at Hyderabad, and the decision of the arbitrator shall be final, and shall have the full effect of a final decree passed by the High Court of Judicature at Hyderabad. parties agree to waive the right to challenge the arbitrators award in a court of law.
The laws of India and the State of Telangana shall govern all matters arising out of or relating to this Agreement. Each of the parties irrevocably consents to the exclusive personal jurisdiction of the state of Telangana as applicable, for any matter arising out of or relating to this Agreement. If a proceeding is commenced to resolve any dispute that arises between the parties with respect to the matters covered by this Agreement, the prevailing party in that proceeding is entitled to receive its reasonable attorneys’ fees, expert witness fees and out-of-pocket costs, in addition to any other relief to which that prevailing party may be entitled.