TERMS AND CONDITIONS FOR CAPTAINS

 

This document is an electronic record within the meaning of the Information Technology Act 2000 and applicable rules and regulations relating to electronic records as amended by the Information Technology Act 2000.

The Company provides technology-based services. The Services are provided by the two vehicle(s) operators or by the driver(s) of the third-party vehicles who wish to provide these services through the vehicles.

On the basis of the representations and warranties provided by the Captain, the Company has agreed to list the Vehicle(s) on the Portal to enable the Captain to provide the Services through the Portal in accordance with the terms and conditions as hereinafter provided ("T&Cs").

 

1. General Agreement

  1. The Captain must be at least 18 years of age to provide Services.
  2. The Company shall take the booking request and forward it to the Captain through an app-based device operating on GPS-GPRS based device installed in the Vehicle and the Captains are prohibited from accepting passengers through road-hailing using portals.
  3. The Company may monitor and record calls made to the Users, for the purpose of training and improving customer care services, including complaint handling.
  4. The Captain shall not refuse the Customers request to use the Service except for extreme necessity and/or exceptional circumstances.
  5. The Captain guarantees that the information he has provided to the Company is correct and complete. The company always reserves the right to verify the information provided.
  6. The Captain shall refrain from any act which may bring the Company into disrepute or which he reasonably believes may bring the Company into disrepute and shall abide by all applicable laws of the Republic of India.
  7. The Captain agrees to the below points:

·        Should keep the account password with confidential.

·        Should provide whatever identity requested by the company.

·        Should not allow others to use his account on the portal.

·        Should not give or transfer his account to a legal entity or person

·        Should not use the portal for illegal purposes.

·        Should not use the portal to cause offense or interference

·        Should not disrupt the proper operation of the network

·        Should not attempt to damage the portal in any way

·        Should not copy or distribute any content on the portal without the company consent.

8.      The Company reserves the right to immediately terminate the use of the Portal by the Captain if he does not comply with any of the above rules.

  1. The Captain shall not be allowed to operate on the GUZO-'portal' for more than 12 hours on a calendar day.
  2. The Captain agrees to provide identification for police verification and Company background checks.
  3. The Captain shall have to mandatorily undergo an induction training program before onboarding with the GUZO platform.
  4. The Captain at the time of onboarding with the Platform undertakes that he/she has not been convicted within the past 3 year, for the offence of driving under the influence of alcohol or any cognizable offence under the Code of Criminal Procedure, '1973 or the lndian Penal Code, 1860 (as may be applicable) including fraud, sexual offences, use of a motor vehicle to commit a cognizable offence, a crime involving property damage or theft, acts of violence, or acts of terror.
  5. The Captain cannot work without undergoing a medical examination and eye examination by a medical institution prescribed by the Company.

 

2. Payment Terms

  1. The Company reserves the right to charge such fees from the Captain as revised on the Portal from time to time.
  2. The Company collects a convenience fee from the customers for providing the Services through the Captains. And the Captain authorizes the Company to collect the service/travel charges from the customers on behalf of the Captain.
  3. If the charges is collected in cash by the Captain it will get adjusted against the convenience fee.

 

3. Representations and Warranties

The Captain and the Company represent that:

  1. they have all requisite power and authority to, deliver and perform the obligations imposed herein;
  2. the execution and performance of the obligations do not and will not violate any provision of any existing agreement, law, rule, regulation, any order or judicial pronouncement which is applicable to each party;
  3. they have not been convicted by any court in India or any other country of any crimes including but not limited to involving moral turpitude.

The Captain hereby represents that:

  1. Has the authority or duties necessary to drive the vehicle and there are no restrictions on the use of the vehicle that would prevent the driver from performing services using the portal;
  2. Has all rights, licenses, and permits as may be required under applicable laws to perform the Service in accordance with these T&Cs;
  3. Should comply with the Motor Vehicles Act 1988 Food Safety and Standards Act 2006 and other applicable laws which must be complied with by anyone driving a motor vehicle.
  4. Retain and maintain any updated/renewed licenses and insurance permits required for vehicle use.
  5. Should not drive recklessly. Comply with traffic regulations and all applicable laws while performing the Services. Do not consume alcohol/tobacco/other alcohol or narcotics while performing service. Obtain and maintain a valid driver’s license. Always keep your vehicle registration/insurance documents. Captains will only answer private calls in urgent situations that do not threaten the safety of the vehicle or customers. Unless the vehicle is parked in a suitable place to answer the call and does not obstruct the surrounding traffic or violate traffic rules the captain does not answer all calls from customers and companies.
  6. Provide service in a friendly and professional manner as expected by service providers.
  7. Maintain good standards of appearance and hygiene at all times while performing your duties.
  8. Use the Service promptly with reasonable care and skill in accordance with due diligence and technical standards. Quality and integrity reasonably expected from a professional and reputable service provider.
  9. Must perform the Services in accordance with all specifications prescribed and formalized by the Company from time to time and
  10. Must comply with all SOPs prescribed and formalized by the Company from time to time..
  11. Ensures that the vehicle has the appropriate fitness certificate pollution insurance certificate and is driven under the permit issued under the relevant provision of the MV Act.
  12. Should endeavour to make each pickup and delivery as efficiently as possible and to adhere to the stated timelines.
  13. Should not consume any alcoholic beverages or any other intoxicating/banned substances prior to or during the performance of the Services.

 

4. Relationship between the two parties

The Captain shall operate as and have the status of an independent contractor. The relationship between the Company and the Captain is on a principal-to-principal basis. The Company and the Captain are independent legal entities, and nothing in these T&Cs will be construed to create a partnership, joint venture, an association of persons, agency (disclosed or undisclosed), franchise, sales representative, or employment relationship between the Company and the Captain. It is clarified that the Captain will not have any right to conclude any contract for and / or on the behalf of the Company.

 

5. Captain Information

  1. GUZO may collect Captain Information at the time of onboarding of the Captains, to establish the identity of the Captains. GUZO reserves the right to access and use Captain Information for business purposes and needs for background checks marketing services development analysis checks and any other purpose GUZO deems appropriate and applicable. The law. Captain expressly consents to such collection and use of Captains information.
  2. Subject to applicable law in the event of a complaint dispute or dispute involving an accident involving the captain GUZO may provide the captain information or information related to the captain to third parties to governmental authorities judicial authorities. End Consumers or Other Third Parties.
  3. "Captain Information" shall mean and include any personal data collected from the Captain including know your customer documents with Captain's bank, copies of valid government-issued vehicle registration certificate, mobile number, bank account details, vehicle insurance copy, driving license, identity proof, residence proof, location data, proof of ownership of Captains' Vehicle and any other information that GUZO may deem fit;

 

6. Confidentiality

  1. The Captain shall keep all work products and documents related to the content of the Portal including customer details and market information confidential and shall not sell or disclose the information to any third party. The Captain will not distribute the same information in any form or manner unless otherwise agreed to by the Customer Information Company to provide an authorized service. And it is kept confidential at all times.

 

7. Compensation

  1. he Captain agrees to defend and indemnify us from any costs or expenses (including but not limited to costs and expenses required for preparation) of any liability loss damages judgment. do. And stay harmless. Legal action of any kind or nature to defend or litigate any claim or request arising out of the masters breach or failure to perform his duties. related to it or in any way related to it.

 

8. Disclaimer of warranties

  1. The company does not make any statement of warranties or guarantees regarding reliability timeliness quality suitability accurate availability or completeness of the service and/or the portal. the company does not represent or warrant that (a) use of the services and/or the portal will be secure uninterrupted or error-free or working with any hardware systems or other data (b) the services will meet your requirements; hope (c) any stored data will be accurate or reliable (d) any information you receive through the portal will meet your needs or expectations (e) that the quality of the service will meet your needs or expectations (e) correct errors or defects in the service and/or the portal will perform or (f) the portal or servers are free of viruses or other harmful components or (g) the portal tracks you or the vehicle used by the captain. the portal is reserved for you strictly. all provisions representations and warranties whether statutory or otherwise including without limitation regarding merchantability for a particular purpose or non-infringement of third party rights are listed and disclosed to the maximum extent permitted by law. the company makes no representations or warranties as to reliability safety timeliness suitability quality or availability. you acknowledge and agree that all risk arising out of use of the portal remain solely and entirely with you and you have no changes to the company.
  2. The Portal may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications including the device used by you being faulty, not connected, out of range, switched off or not functioning. The Company is not responsible for any delays, Service failures, damages or losses resulting from such problems.

 

9. Limitation of liability

  1. The Company shall not be liable to Captain for the quality of reasonable business and fitness in connection with the Portal or any services provided through the Portal and shall not be liable for any civil criminal liability not borne by us. Any other liability.
  2. To the extent permissible under applicable laws, the Company is not liable for any civil, criminal, tortious, or any other liability, that may accrue as a consequence of the breach by the Service Provider (a) of the applicable laws in respect of the use of the Portal or providing the Services; (b) of the terms of the applicable licenses and permits that are issued by the transport authorities; (c) of the terms of these T&Cs; or (d) of the duty of care the Captain owes to the users of the Portals.
  3. The company is not responsible for the actions or actions of the owner for the quality of the vehicle. The supply of any vehicle is a contract between the buyer and the driver only and the company is not a party.
  4. All rights not otherwise claimed under these T&Cs or by the Company are hereby reserved. The information contained in this Portal is intended, solely to provide general information for the personal use of the reader, who accepts full responsibility for its use.
  5. The Company does not represent or endorse the accuracy or reliability of any service or product information found on the Portal or any information or advertisements distributed or linked downloaded or accessed in the capacity of others. Content viewed or received by you as a result of any product information or content or other content received by you as a result of an offer relating to or in connection with advertising or any other information or service.

 

10. Termination

Company is entitled to terminate the contract at all times and with immediate effect (by disabling the Captain's registration on the Portal and use of the Portal) for:

  1. Any violation or breach of any term of these T&Cs;
  2. If the Captain misuses the Portal.
  3. Failure to verify or authenticate Captain Information;
  4. any action or omission by the Captain which can cause legal or contractual liability for GUZO including but not limited to fraudulent conduct, customer complaints, continuous unsatisfactory reviews by the Restaurant Partners or the Users, misconduct, negligence, and all other actions specifically prohibited under Applicable Law.
  5. GUZO is also free to terminate the Agreement at its sole discretion if it determines that the continuation of the Captain Services is detrimental to GUZOs commercial interests such as actions by the Captains as follows:
  1. Users misbehave with GUZO employees or others associated with GUZO.
  2. Any behavior involving criminal offenses shall be punished by law including GUZO employees who personally attack and threaten people associated with GUZO and others.
  3. Concealment of material facts/information while contracting with GUZO. Poor & irregular for work, meetings and failure to abide by the rules/terms of the contract.
  4. Drunk while on duty and drunken behavior.
  5. Fraud/embezzlement/embezzlement for undue financial gain against the interests of GUZO.
  6. Damage to customers movable and real property due to negligence of rescue staff.
  7. Engage in the dissemination of content through digital media social networks or any other form that damages the GUZO brand and its image.
  8. Participate in any noise/strike/other activities against GUZO that may damage GUZOs brand or image.
  9. Indulging in unauthorized disclosure of confidential information of GUZO to external agency, person, GUZO or organization.
  10. Misuse of assets provided by GUZO and welcome kits, which could be detrimental to the interest of GUZO's brand and its image.
  11. Failure to abide by any of the rules and guidelines given by GUZO as part of service quality standards and principles.
  12. In case the background check, whether wholly or partially, is found negative at any point of time during the term of these T&Cs.

The company does not need to provide prior notice for contract termination.

 

11. Assignment

The Captain may not assign their rights under these Terms of Use without prior written approval of the Company.

 

12. Amendment

These T&Cs may be amended from time to time and as and when required, at the discretion of the Company.

 

13. Insurance

The Company at its sole discretion may insure the Captain against any accident suffered by the Captain during provision of Services by the Captain using the Portal. The Company reserves the right to recover any amount paid by the Company in lieu of the insurance from the Captain.

14. Notices

  1. The Company may notify you by sending a notice to your registered e-mail address or by sending a written notice to the address of the General Manager in the portals general notice or in the Company’s account information. It is recorded in the company’s account information. Account Information.
  2. Captain needs to send any notice on at email id: guzobiketaxi@gmail.com.