1. General 

 

  • This Mobile Application with the name of Oye Rickshaw Driver App is operated by Khati Solutions Pvt. Ltd., a private limited company duly incorporated under the Companies Act, 2013, with CIN U74999DL2017PTC310765 and having its registered office at B-286 (G/F), Hari Nagar, Clock Tower, New Delhi – 110064, India, represented herein by its authorized signatory, Akashdeep (hereinafter referred to as the Company, which expression shall mean and include its representatives, successors in–office, affiliates and assigns) 

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  • We are committed to protecting and respecting your privacy. We do collect personal information and process your personal data in accordance with the Information Technology Act, 2000 and other national and state laws that relate to the processing of personal data.

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  • Downloading, accessing or otherwise using the App indicates that you have read this Privacy Policy and consent to its terms. If you do not consent to the terms of this Privacy Policy, then do not proceed to download, access, or otherwise use the App. 

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  • We collect your personal information in order to provide continually improve our products and services. 

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  • Our privacy policy is subject to change at any time without notice. To make sure you are aware of any changes, please review this policy periodically. The last updated date can be found at the beginning of this policy. 

Whereas it is hereby mutually agreed by and between the Parties hereto as follows: 

 

    2. Scope and liability:

  1. Acceptance of these Terms and Conditions (T&C) and providing the details as contained in Annexure-I will be effective in the registration of the driver with the company and will make the driver eligible for an online account on the Oye Rickshaw Driver app.

  2. The Driver accepts and agrees that all rights, obligations, and liabilities of the Driver will be governed by these terms and conditions.

  3. Both the Driver and the Vehicle Owner agree that they are free to reach out to the Company Officials through          Phone/Message/WhatsApp during working hours and use it as a means of providing any necessary and important information. 

  4. The Driver represents that the Driver has fully read and understood this agreement and the Driver's terms and conditions and agrees to the same.

 

    3. Representation and warranty:

 

  1. The Driver represents and warrants that the Driver is the registered owner or the lessee, as the case may be, of the Vehicle(s) and permit holder for the provision of Transport Services of the Vehicle(s). 

  2. The Driver represents and warrants that the Driver has all the requisite power and authority to deliver and perform the obligations imposed herein. 

  3. The Driver represents and warrants that entering into and performance of the transactions contemplated by this Agreement and the Driver T&C does not and will not conflict with any law or regulation applicable to the Driver or any guidelines, rules, regulations including any judicial, official, governmental and/ or statutory and/or regulatory orders and/or judgments whether interim, final or otherwise or with any other contract to which the Driver is a party. 

  4. The Driver warrants that the Device(s) given to him by the Company will be maintained in his possession in a proper manner. The Driver shall ensure that his continued performance under this Agreement is not compromised. 

  5. The Driver hereby expressly agrees that the Driver shall not use the Device for any illegal purposes. 

  6. The Driver warrants that the Devices will be used only for the purpose set out under this Agreement. 

  7. The Driver represents and warrants that the Driver has not been convicted by any court in India for any cognizable offense or an offense punishable with imprisonment for more than 3 years, under the laws of India.

 

    4. Data Collections and Uses 

 

The Driver agrees that the following data is collected by or on behalf of the Company – 

 

  1. Data provided by users – 

  • User profile: The Company collects data when users create or update their Oye Rickshaw accounts. This may include their name, email, phone number, login name and password, address, profile picture, payment or banking information (including related payment verification information), driver’s license, and other government identification documents (which may indicate document numbers as well as birth date, gender, and photo). This also includes vehicle or insurance information of drivers, emergency contact information, user settings, and evidence of health or fitness to provide services using the Company’s apps. We may use the photos submitted by users to verify their identities, such as through facial recognition technologies. 

  • Background check and identity verification: We collect background check and identity verification information for drivers. This may include information such as driver history or criminal record (where permitted by law), and right to work. This information may be collected by an authorized vendor on the Company’s behalf.

  • Demographic data: We may collect demographic data about users, including through user surveys. 

   2. Data created during use of the Company’s services –

 

  • Location data (driver and): The Company collects this data when the App is running in the foreground (app open and on-screen) or background (app open but not on-screen) of their mobile device.

  • Location data (Drivers). We collect precise or approximate location data from the Drivers’ mobile devices. The Company collects this data from the time a ride is requested until it is finished, and any time the app is running in the foreground or background of their mobile device, and the app is not visible to them. We use this data to enhance your use of our apps, including to improve pick-up locations, enable safety
    features, and prevent and detect fraud.

  • Transaction information: We collect transaction information related to the use of our services, including the type of services requested or provided, order details, date and time the service was provided, amount charged, distance travelled, and payment method. 

  • Usage Data: We collect data about how users interact with our services. This includes data such as access dates and times, app features or pages viewed, app crashes and other system activity, type of browser, and third-party sites or services used before interacting with our services. In some cases, we collect this data through cookies, pixels, tags, and similar tracking technologies that create and maintain unique identifiers. 

  • Device data: We may collect data about the devices used to access our services, including the hardware models, operating systems and versions, software, preferred languages, unique device identifiers, advertising identifiers, serial numbers, device motion data, and mobile network data.

  • Communications data: We enable users to communicate with each other and the Company through the Company’s mobile apps and websites. For example, we enable drivers and riders, to call, each other (generally without disclosing their telephone numbers to each other). The Company may also use this data for customer support services (including to resolve disputes between users), for safety and security purposes, to improve our products and services, and for analytics.

  • Rental devices data: We collect data generated by rental devices, such as light electric vehicles or devices, when they’re in use. This includes the date and time of use, and the location, route, and distance traveled.

   3. Data from other sources –

 

  • User feedback, such as ratings, or compliments.

  • Users participating in our referral programs. For example, when a user refers to another person, we receive the referred person’s personal data from that user.

  • Account owners who request services for or on behalf of other users, or who enable such users to request or receive services through their accounts. 

  • Users or others providing information in connection with claims or disputes.

  • Company business partners through which users create or access their account, such as payment providers, social media services, or apps or websites that use the company’s APIs or whose APIs the Company uses.

  • Vendors who help us verify users’ identity, background information, and eligibility to work, for regulatory, safety, and security purposes.

  • Insurance, vehicle, or financial services providers for drivers.

  • Partner transportation companies (for drivers who use our services through an account associated with such a company).

  • Publicly available sources.

  • Marketing service providers.

   4. The Company uses the data it collects for the purposes including – 

 

  • Providing services and features – The Company uses the data we collect to provide, personalize, maintain, and improve our products and services.



       This includes using the data to:

  • Create and update users’ accounts.

  • Verify drivers’ identity, background history, and eligibility to work.

  • Enable transportation, deliveries, and other services.

  • Offer, process, or facilitate payments for our services.

  • Offer, obtain, provide, or facilitate insurance, vehicle, invoicing, or financing solutions in connection with our services.

  • Track and share the progress of rides or deliveries.

  • Enable features that allow users to share information with other people, such as when riders submit a compliment about a driver, refer a friend to the Company, split fares, or share ETA and location with their contacts.

  • Perform internal operations necessary to provide our services, including to troubleshoot software bugs and operational problems; to conduct data analysis, testing, and research; and to monitor and analyze usage and activity trends.

  • Safety and security. We use personal data to help maintain the safety, security, and integrity of our services and users. This includes:

  • Screening riders, drivers, and before enabling their use of our services and at subsequent intervals, including through reviews of background checks, where permitted by law, to help prevent use of our services by unsafe drivers and/or riders.

  • Using data from drivers’ devices to help identify unsafe driving behaviour such as speeding or harsh braking and acceleration, and to inform them of safer driving practices. We also use data from driverss’ devices to verify the type of vehicles they used to provide deliveries.

  • In certain regions, using information derived from driver’s license photos, and other photos submitted to the Company, for safety and security purposes. This also includes comparing photographs that we have on file against photographs (i) of other users to prevent identity-borrowing, and (ii) from public databases to verify user identity.

  • Using device, location, profile, usage, and other data to prevent, detect, and combat fraud or unsafe activities.

  • Using user ratings and feedback to encourage compliance with our Community Guidelines and as grounds for deactivating drivers with low ratings or who otherwise violated such guidelines in certain countries.

  • Customer support. The Company uses the information we collect (including recordings of customer support calls with notice to and the consent of the user) to provide customer support, including to:

  • Direct questions to the appropriate customer support person

  • Investigate and address user concerns

  • Monitor and improve our customer support responses and processes

  • Research and development. We may use the data we collect for testing, research, analysis, product development, and machine learning to improve the user experience. This helps us to improve and enhance the safety and security of our services, improve our ability to prevent the use of our services for illegal or improper purposes, develop new features and products, and facilitate insurance and finance solutions in connection with our services.

  • Enabling communications between users. For example, a driver may message or call a rider to confirm a pickup location, a rider may contact a driver to retrieve a lost item.

  • Marketing. The Company may use the data we collect to market our services to our users. This includes sending users communications about the Company’s services, features, promotions, sweepstakes, studies, surveys, news, updates, and events.

  • We may use the data we collect to personalize the marketing communications (including advertisements) that we send, including based on user location, past use of the Company’s services, and user preferences and settings.

  • Non-marketing communications. The Company may use the data we collect to generate and provide users with receipts; inform them of changes to our terms, services, or policies; or send other communications that aren’t for the purpose of marketing the services or products of the Company or its partners.

  • Legal proceedings and requirements. We may use the personal data we collect to investigate or address claims or disputes relating to use of the Company’s services, or as otherwise allowed by applicable law, or as requested by regulators, government entities, and official inquiries.

  • Automated decision-making: We use personal data to make automated decisions relating to use of our services. This includes:

  • Enabling dynamic pricing, in which the price of a ride, , is determined based on constantly varying factors such as the estimated time and distance, the predicted route, estimated traffic, and the number of riders and drivers using the app at a given moment.

  • Matching available drivers to users requesting services. Users can be matched based on availability, proximity, and other factors. 

  • Determining driver and ratings, and deactivating drivers, riders, with low ratings. 

  • Deactivating users who are identified as having engaged in fraud or activities that may otherwise harm the Company, its users, and others. 

  • Using driver location information, and communications between riders and drivers, to identify cancellation fees earned or induced through fraud. For example, if we determine by using such information that a driver is delaying a rider pickup in order to induce a cancellation, we will not charge the rider a cancellation fee and will adjust the amounts paid to the driver to omit such a fee. 

 
   5. Disclaimer:

 

  1. The driver agrees that the Company’s role is limited to 

    1. managing and operating the Portal and the Driver App and being a market place solely for the display of the Transport Services in the manner decided by the Company unilaterally, 

    2. being an online booking platform facilitating the provision of Transport Services by the Driver to the users of the Portal, and 

    3. Payment collection through an e-wallet (if, any) or cash to facilitate the transactions between the Driver and the users of the Portal. Accordingly, the Company is merely an intermediary providing online marketplace services and the Driver App is only a platform where the Driver shall offer Transport Services to the users on execution of the Agreement and registration and acceptance by users of the customer terms and conditions on the Portal. 

   2. The Company disclaims and shall disclaim all representations and warranties to the Driver, of any kind, whether express or implied as to condition, suitability, quality, merchantability and fitness for any purposes in respect of the Company Device(s), the Driver’s App and Portal or the services provided through the Driver App on the Portal and accordingly, disclaims all liabilities, whether civil, criminal, tortious, or otherwise, that may accrue as a consequence of the use and access of the Company Device(s), Driver’s App and Portal. 

   3. To the extent permissible under applicable laws, the Company disclaims and shall disclaim all liabilities, whether civil, criminal, tortious, or otherwise, that may accrue as a consequence of the breach by the Driver (a) of the applicable laws in respect of the Transport Services; (b) of the terms of the applicable licenses and permits that are issued by the transport authorities; (c) of the terms of the Driver T&Cs; or (d) of the duty of care the Driver owes to the users of the Portals. 

   4. The Company does not warrant to the Driver that the Driver will be able to use the Device(s), Driver App on the Portal at all times or locations or that the Device(s) and Driver App on the Portal and the Transport Services provided through the Driver App on the Portal will be uninterrupted or virusfree or error-free or free from any technical glitches or malicious software and that the defects will be corrected by the Company.

 

 

    6. Payment terms 

 

In consideration of the Company providing the Driver’s and the Vehicle’s information on the Portal, and for enabling the Driver to provide Transport Services through the Driver App on the Portal, the company will recover its commission based on the agreed and changed commission % from time to time.

 

     7. Privacy & Confidentiality

 

The Driver acknowledges that pursuant to this Agreement, the Driver will have access to confidential information of the Company and its affiliates, which has been provided by the Company. The Driver undertakes to keep confidential all data and other confidential information of the Company and shall not sell or otherwise make that information available to any third party. Confidential information shall mean and include all information, whether verbal or written, disclosed to the Driver by the Company or the Portal users, as the case may be, but not be limited to Portal users details (i.e., Personal Information and sensitive personal information as defined under the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011), phone numbers, market information, all work products and documents related thereto, the contents of the Driver App/Portal or any other information, whether provided orally or in writing, received or to be received by the Driver. Further, the Confidential Information at no times can be disclosed to any party in the same or similar business as that the Company (“Competitor”). In the event, the Company becomes aware that the Confidential Information has been disclosed to a Competitor or has been used for the benefit/interest of the Competitor, the Company can claim such direct and indirect damages as it may suffer due to such losses.

 

    8. Relationship Between Parties 

 

  1. During the Term of this Agreement, the Driver shall operate as and have the status of an independent contractor and shall not act as, be or construed to be an agent or employee of the Company. The relationship between the Parties is on a principal-to-principal basis, and none of the provisions of this Agreement shall be interpreted as creating the relationship of employer and employee between the Driver and the Company at any time, under any circumstances or for any purpose. Therefore, the Driver will not be entitled to any employee benefits, statutory or otherwise, offered by the Company to its employees including but not limited to wages, vacation pay, sick leave, retirement benefits, social security, worker's compensation, health or disability benefits, or employee benefits of any kind. The Driver shall be responsible for the payment of all applicable taxes to which he may be subject as an independent contractor. 

  2. The Driver agrees not to assume or create any obligation or responsibility, express or implied, on behalf of or in the name of the Company. The Driver does not have the authority to create, modify or terminate a contractual relationship(s) between the Company and any third party or act for or bind the Company in any respect. Any act of the Driver on behalf of the Company which may be regarded as over and above the duties and responsibilities as provided in this Agreement, shall be deemed to be unauthorized, unlawful and the Driver shall be personally liable for the same.

 

 

    9. Notice

 

1. Any notices, requests and other communications required or permitted hereunder shall be in writing and may be sent by any of the following means to the receiving Party at the relevant addresses set forth in this Agreement:

 

  1. By Electronic Email at - hello@oyerickshaw.com

  2. By hand, against a written acknowledgment of receipt by the receiving Party.

 

    10. Term and Termination

  1. This Agreement shall be valid for a period of _____ years and shall be renewed automatically unless otherwise agreed between the Parties. 

  2. The Parties to this Agreement shall be entitled to terminate this Agreement with prior written notice of 30 (thirty) business days to the other Party without assigning any reason for the termination. 

  3. The Company shall be entitled to terminate this Agreement immediately for breach of any terms in this Agreement by the Driver. 

  4. Upon termination of this Agreement, the registration of the Driver with the Company shall stand canceled and the Account shall be terminated and the Driver shall not be eligible to ply his Vehicle(s) on the Drivers App on Company’s Portal.

 

 

    11. Entire Agreement

 

This Agreement along with, various Annexures and T&C, will be e-contracts, shall form the entire agreement between the Parties and shall supersede and override all previous communications, either oral or written, between the Parties with respect to the subject matter of this Agreement, and no agreement or understanding varying or extending the same shall be binding upon any Party hereto unless arising out of the specific provisions of this Agreement.

 

    12. Specific Indemnity 

 

The Driver shall be solely liable for any and all accidents/incidents involving the Vehicle, while providing the Services. The Company shall not be held liable for any such accidents/ incidents involving the Driver’s Vehicle. All miscellaneous expenses pertaining to the Vehicle, such as maintenance expenditures, penalty for violation of traffic rules, etc., shall be borne solely by the Driver, and the Company shall not be held liable or responsible for the same.

 

 

    13. Government Law Rules and Dispute Resolution:

 

  1. If any dispute arises between the Driver and the Company, in connection with, or arising out of, this Agreement, the dispute shall be referred to arbitration under the Arbitration and Conciliation Act, 1996 to be adjudicated by a sole arbitrator to be appointed by the Company. Arbitration shall be held in New Delhi. The proceedings of arbitration shall be in the English language. The arbitrator’s award shall be final and binding on the Parties. 

  2. This Agreement shall be governed by and construed in accordance with the laws of India, and the courts of New Delhi shall have the exclusive jurisdiction in connection with this Agreement. 

  3. In addition to above remedies, the Company shall be entitled to an interim injunction, restraining order or such other equitable relief as a court of competent jurisdiction may deem necessary or appropriate to restrain the Driver from committing any violation of the covenants and obligations set out in this Agreement. These injunctive remedies are cumulative and are in addition to any other rights and remedies the Company may have at law or in equity.

 

 

Annexure 1

 

Documents required for onboarding of driver / owner.

 

1. In case the driver is the legal owner, the required documents are as follows:

 

  1. Aadhar card of owner

 

  1. Owner's Driving License

 

  1. Vehicle Registration Certificate.

 

2. In case the driver is not the owner and is driving on lease:

 

  1. Aadhar card of owner and driver driving.

 

  1. Driver's driving license.

 

  1. Vehicle Registration Certificate.