YAARY PARTNER TERMS OF SERVICE
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.
The app name Yaary and the Site is owned and operated by Triffy Digital Private Limited (hereinafter referred to as 'Yaary, ‘Company’, ‘us’, ‘we’), a company incorporated under the Companies Act, 1956/2013, with its registered office at 154/20, T1 V207, 3rd Floor, Royal Space, 5th Main, 7th Sector, Bommanahallu, Bangalore South Bangalore, Karnataka 560102, India.
The Company has developed and provides technology-based platform or mobile application "Yaary Partner App" ("Driver App") for facilitating on-demand transportation services to the Customers by means of three-wheeler or four-wheeler (“Vehicle”) through third party vehicle operators on boarded by the Company ("Drivers") who wish to offer such Services through the Vehicles (collectively referred to as “Services”). On the basis of the representations and warranties provided by the Driver, the Company has agreed to list the Vehicle(s) on the Portal to enable the Driver to provide the Driver Services through the Company’s website or applications (the “Platform”) in accordance with the terms and conditions as hereinafter provided ("Terms of Service"). Please note that this App and services provided through it are currently in a testing phase (Beta Phase).
Yaary reserves the right, at its sole discretion, to change, modify, add or remove these Driver Terms of Service, in part or in whole, at any time, without prior notice to You. It is Your responsibility and duty to check the Driver Terms and Conditions periodically for changes. Your continued use of the Driver App following the posting of changes will mean that You accept and agree to the changes.
All the defined and capitalized terms in these Driver Terms and Conditions will have the meaning assigned to them herein below.
“Applicable Laws” shall mean Information Technology Act, 2000, Information Technology (Intermediaries Guidelines) Rules, 2011 and rules made thereunder the respective State Transport Department Guidelines and include all applicable statutes, enactments, acts of the legislature or the Parliament, laws, ordinances, rules, by-laws, regulations, notifications, guidelines, policies, directions, directives and orders of any Governmental authority, tribunal, board, or a court, in India.
“Customer” shall mean a person who books a journey through the Yaary App or any other Buyer App compliant with ONDC network standards for availing the transportation provided by a Driver who is integrated with the Company.
“Fare” shall mean the amount of charges paid or payable by a Customer pursuant to such Customer booking a ride through the App and completion of such ride.
“Information” shall mean the details furnished by the Driver for registration and onboarding on the Driver App.
“Driver Service” means the service provided by a Driver of picking a Customer from the pick-up point as prompted on the Device and dropping the Customer at the drop point chosen by the Customer at the time of placing his / her Service Request and accepted by the Driver.
“Service Request” means a request placed by the Customer to book a ride on the Yaary or any other ONDC compliant Buyer App Platform to avail transportation/ Driver Service.
YOUR ACCOUNT AND REGISTRATION OBLIGATIONS
In the course of your use of the Driver App, you agree to furnish your details and information as requested by us from time to time. You agree to maintain accurate, complete and up-to-date information in your Account. You agree that if you provide any information which is untrue, inaccurate, not current, or incomplete or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, incomplete, or not in accordance with this Terms and Conditions, we shall have the right to suspend or terminate your Account on the Driver App or indefinitely block you from accessing the Driver App. You are responsible for all activity that occurs under your Account, and you agree to always maintain the security and secrecy of your Account username and password. Unless otherwise permitted by the Company in writing, you may only possess one Account.
OBLIGATIONS OF DRIVER
The Driver must be at least 18 years of age, or the age of legal majority as per Indian Contract Act, 1872, to be able to provide Driver Services.
The Driver must be a valid holder of a driving license issued by the respective State Road Transport Authority in accordance with Motor Vehicles Act, 1988
The Driver shall ensure registration of the Vehicle at all times and shall hold and keep updated, renewed all licenses, insurance and permits necessary for the use of the Vehicle on the Platform.
The Driver shall at all times operate the vehicle which is registered with the Company’s platform for provisioning Driver Services .
The Driver shall not undertake any unlawful or illegal activity while performing Services.
The Driver shall not allow unauthorized persons to drive the Vehicle and shall ensure that the Vehicle is not in an unsafe condition.
The Driver shall immediately bring to the notice of Yaary any deviation from the provision of the Driver Services as required under the terms of these Terms of Service, including but not limited to any accidents, damage to life or property.
The Driver shall ensure that insurance including without limitation third party insurance of
Vehicles and such other insurance as may be required by Applicable Law is obtained and
always maintained, and the Customer and/or Yaary shall not be liable for taking insurance or paying premium thereof in respect of the Vehicle or any liability arising out of plying of such Vehicle.
The Driver shall ensure and confirm that he understands the language of the Driver App and shall ensure that he/she chooses the best language known to him amongst the options displayed on the Driver App.
On receiving a Service Request, the Driver taking up a booking in response to a Service Request, the Driver shall ensure that the Vehicle arrives prior to or on the pick-up time.
The Driver will have a functioning mobile number and also have the ability to read text messages sent by Yaary, regarding the Customer details and to convey Customer feedback. The Driver shall be solely responsible for reading and acting upon any instructions sent by text messages on his registered mobile number.
In the event any Customer leaves his/her property in the Vehicle, the same shall not be pilfered or tampered with by the Driver and shall be reported immediately by the Driver directly to Yaary or the nearest police station. In the event the Driver pilfers or tampers with the property of the Customer, the Driver shall be solely liable for any damages claimed by the Customer and Yaary may at its sole discretion terminate the Driver’s registration and disable the Driver’s access to the Platform. Yaary shall in no event be liable for loss of or damage caused to the property of the Customer.
The Driver shall make himself/ herself available for such training(s) as Yaary may be required to organize pursuant to Applicable Law or as Yaary may deem necessary.
The Vehicle shall be the sole responsibility of the Drivers and the Driver shall be liable or responsible for any loss or damage to the Vehicle caused by a Customer or any other third party for any reason whatsoever.
The Driver shall not drive rashly, shall follow traffic regulations and all Applicable Laws during the performance of the Driver Services, not consume liquor / cigarette / bidi/narcotics, or any other kind of intoxicant while performing the Driver Service/(s) and shall always have and hold a valid driving license and registration/insurance papers for the Vehicle. The Driver shall not take any personal calls except in the event of an emergency, without prejudicing the safety of the Vehicle and the Customer. Driver shall take all calls from the Customer and Yaary 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.
Any cancellation of the allotted Service Request is prohibited except when deemed necessary or in exceptional circumstances based on a justifiable explanation provided by the Driver. The Driver shall immediately inform Yaary in case of any cancellation or refusal of allotted Service Request.
The Company reserves the right to allocate rides to Drivers based on performance indicators including but not limited to cancellation rates, ride acceptance rates.
The Driver agrees that the costs associated with the maintenance of the Vehicle shall be borne by the Driver.
The Driver shall be solely responsible and liable for:
any failure to complete a Service Request accepted by the Driver;
any failure to pick up Customer(s) at the allotted time and/or place;
any act or omission on the part of its Drivers including any rash and negligent driving, verbal, physical or harassment of any nature;
any violation or non-adherence to the Applicable Law by the Driver;
any physical and/or mortal danger caused to the Customers whilst using or in connection with the Driver Service;
charging excess amounts from the Customer over and above the total Fare.
The Driver hereby agrees that any complaint/s by Customers regarding the Vehicle or Driver will be considered to be a breach of the obligations by the Driver hereunder for which Yaary shall not be responsible in any manner. If there is any serious complaint regarding any particular Vehicle and/or Driver, Yaary may, in its sole discretion, immediately terminate the Account of such Driver, by providing a notice to Driver to this effect.
In relation to the Driver App, the Driver agrees to not authorize any other person to use his Account on the Driver App or authorize others to drive the Vehicle for any Service Request;
The Driver shall not copy, or distribute any content on the Driver App without written permission from the Company.
The Company has the discretion to charge any such Platform fees from the Driver as updated on the Platform from time to time.
The Company charges a convenience fee from the Customers commuters for providing the Services through the Drivers.
The Driver shall charge only such Fare from the Customer as updated on the Yaary App from time to time.
The Driver shall agree to pay a ride commission to other open mobility network partners agreed prior to allocation of a ride.
REPRESENTATIONS AND WARRANTIES
The Driver hereby represents that:-
You have not been convicted by any court in India or any other country of any crimes including but not limited to involving moral turpitude.
You have 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 you from the performance of the Driver Services using the Driver App.
You have all rights, licenses and permits as may be required by Applicable Laws to perform the Driver Service(s) in accordance with the terms of these Terms of Service. You hereby represent that you will maintain and continue to maintain all local licenses, permits, approvals and consents in respect of the Vehicle. You shall be solely responsible and liable for any violation of any law, rule or regulation in the performance of its obligations under these Terms of Service.
You shall not carry any weapons, firearms, ammunition, explosive devices and dangerous substances during performance of the Services.
You shall not allow more than three commuters on the Vehicle.
You are of sound health conditions including requisite level of eyesight to effectively discharge the required duties
Company does not warrant that You will be able to use the Driver App and/ or will be able to provide the Service(s) at all times or locations on the Driver App or that the Driver App and the services provided through the Driver App will be uninterrupted or error-free or that the defects will be capable of being corrected by Company in a timely fashion. Yaary’s Driver App, and all other technology developed and installed on your Device by Company are provided on an “AS IS” and “AS AVAILABLE” basis and Company specifically disclaims all warranties and indemnities, express, implied or statutory, including without limitation any warranty of merchantability, fitness for a particular purpose, accuracy, completeness, or any other warranty arising from the course of performance or course of dealing.
You acknowledge that pursuant to these Terms of Service, You will have access to confidential information of Company and its affiliates which has been provided by Company. You undertake 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 parties.
Except as otherwise agreed, the data of Customers will be the exclusive property of the Company and You will not use the same for Your own purpose or distribute such data in any form or means except for the purpose of these Driver Terms and Conditions and shall always keep it confidential.
You hereby agree to indemnify, defend and hold harmless us, our affiliates and respective officers, directors, employees, representatives and agents against any claim demand, or actions including reasonable attorneys' fees made by any third party or penalty imposed due to or arising out of (i) any breach or alleged breach by You of the Your obligations, performance or observance of Your representations, or warranties under the Terms of Service; (ii) Your misconduct or unauthorized access to data on the Platform or permitting in any way by You the transfer of such data to the competitors of Yaary or its affiliates; (iii) breach of Applicable Laws; (iv) any complaint from any Customer received by Yaary with respect to defective or deficient Driver Service(s) or physical harm to the Customer due to Driver’s actions and (vii) any fraud, negligence and misconduct of the Driver.
LIMITATION OF LIABILITY
IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THE TERMS OF SERVICE, EVEN IF COMPANY HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.
In no event shall Company be liable:- (i) for any condition, suitability, quality, merchantability and fitness for any purposes in respect of the Driver App or the Services provided to the Driver.
The Company is not responsible for the behavior, actions or inactions of the Driver or quality of the Vehicle. Any contract for the provision of a Vehicle is exclusively between the Customer and the Driver and the Company is not a party to the same.
TERM AND TERMINATION
The Parties to these Agreement shall be entitled to terminate with a prior written notice of 7 (seven) Business Days to the other Party without assigning any reason for the termination.
The Company is entitled to terminate this Agreement with immediate effect for:
any violation or breach of these Terms of Service by the Driver.
Misbehavior with the staff of Company, Customers or any other persons associated with the Company.
Indulging in spreading content through digital media, social networking sites, or any other form, which could be detrimental to Company's brand and its image.
Indulging in acts such as creating ruckus/ strike/ or any activity against Company, which could be detrimental to the Yaary’'s brand and its image.
Indulging in unauthorized disclosure of confidential information of the Company to an external agency, person or organization.
RELATIONSHIP BETWEEN THE PARTIES
The Driver shall operate as and have the status of an independent contractor. The relationship between the Company and the Driver is on a principal-to-principal basis and nothing in these Terms of Service will be construed to create a partnership, joint venture, an association of persons, agency (disclosed or undisclosed), franchise, sales representative, or employment relationship between the Company and the Driver. It is clarified that the Driver will not have any right to conclude any contract for and / or on the behalf of the Company. The Driver shall not be deemed for any purpose to be an employee of Yaary or any of its Affiliates. Yaary shall not be responsible to the Driver or any governing body for any payroll-related taxes related to the performance of Driver Services hereunder, including but not limited to withholding or other taxes related to central or state income tax, social security benefits or unemployment compensation.
GOVERNING LAWS AND DISPUTE RESOLUTION
These Terms shall be exclusively governed by and construed in accordance with the laws of India. Any dispute, conflict, claim or controversy arising out of or broadly in connection with or relating to the Services or these Terms of Service, including those relating to its validity, its construction or its enforceability (any “Dispute”) shall be first mandatorily submitted to mediation proceedings in terms of the Indian law. If such Dispute has not been settled within sixty (60) days after a request for mediation has been submitted under the Indian laws, such Dispute can be referred to and shall be exclusively and finally resolved by arbitration under the Arbitration and Conciliation Act, 1996 (“Act”). The Dispute shall be resolved by one (1) arbitrator to be appointed in accordance with the Act. The place of both mediation and arbitration shall be India. The language of the mediation and/or arbitration shall be English, unless you do not speak English, in which case the mediation and/or arbitration shall be conducted in both English and your native language. The existence and content of the mediation and arbitration proceedings, including documents and briefs submitted by the parties, any correspondence from the mediator, and correspondence, orders and awards issued by the sole arbitrator, shall remain strictly confidential and shall not be disclosed to any third party without the express written consent from the other party unless: (i) the disclosure to the third party is reasonably required in the context of conducting the mediation or arbitration proceedings; and (ii) the third party agrees unconditionally in writing to be bound by the confidentiality obligation stipulated herein. Subject to the foregoing, the courts of Bangalore shall have the exclusive jurisdiction in connection with this Agreement.
Neither these Driver Terms and Conditions nor any of the rights, interests or obligations hereunder shall be assigned by the Driver to any third party, without the prior written consent of Company.
These Driver Terms and Conditions may be modified or amended by the Company at its sole and absolute discretion.
If any provision or any part of a provision of these Terms of Services is invalid, unenforceable or prohibited by applicable laws of India, such provision or part of provision shall be severed from these Terms of Services and the remainder of these Terms of Service shall be valid and binding and of like effect as though such provision was not included herein.
The Company may give notice by means of a general notice on the Driver App, or by electronic mail to your email address as submitted by you. You need to send any notice at firstname.lastname@example.org