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
- The
     Captain must be at least 18 years of age to provide Services.
- 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.
- The
     Company may monitor and record calls made to the Users, for the purpose of
     training and improving customer care services, including complaint
     handling.
- The
     Captain shall not refuse the Customers request to use the Service except
     for extreme necessity and/or exceptional circumstances.
- 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.
- 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.
- 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.
- The
     Captain shall not be allowed to operate on the GUZO-'portal' for more than
     12 hours on a calendar day.
- The
     Captain agrees to provide identification for police verification and
     Company background checks.
- The
     Captain shall have to mandatorily undergo an induction training program
     before onboarding with the GUZO platform.
- 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.
- The
     Captain cannot work without undergoing a medical examination and eye
     examination by a medical institution prescribed by the Company.
2. Payment Terms
- The
     Company reserves the right to charge such fees from the Captain as revised
     on the Portal from time to time.
- 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.
- 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:
- they
     have all requisite power and authority to, deliver and perform the
     obligations imposed herein;
- 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;
- 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:
- 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;
- Has
     all rights, licenses, and permits as may be required under applicable laws
     to perform the Service in accordance with these T&Cs;
- 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.
- Retain
     and maintain any updated/renewed licenses and insurance permits required
     for vehicle use.
- 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.
- Provide
     service in a friendly and professional manner as expected by service
     providers.
- Maintain
     good standards of appearance and hygiene at all times while performing
     your duties.
- 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.
- Must
     perform the Services in accordance with all specifications prescribed and
     formalized by the Company from time to time and
- Must
     comply with all SOPs prescribed and formalized by the Company from time to
     time..
- 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.
- Should
     endeavour to make each pickup and delivery as efficiently as possible and
     to adhere to the stated timelines.
- 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
- 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.
- 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.
- "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
- 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
- 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
- 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.
- 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
- 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.
- 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.
- 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.
- 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.
- 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:
- Any
     violation or breach of any term of these T&Cs;
- If the
     Captain misuses the Portal.
- Failure
     to verify or authenticate Captain Information;
- 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.
- 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:
- Users
     misbehave with GUZO employees or others associated with GUZO.
- Any
     behavior involving criminal offenses shall be punished by law including
     GUZO employees who personally attack and threaten people associated with
     GUZO and others.
- 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.
- Drunk
     while on duty and drunken behavior.
- Fraud/embezzlement/embezzlement
     for undue financial gain against the interests of GUZO.
- Damage
     to customers movable and real property due to negligence of rescue staff.
- Engage
     in the dissemination of content through digital media social networks or
     any other form that damages the GUZO brand and its image.
- Participate
     in any noise/strike/other activities against GUZO that may damage GUZOs
     brand or image.
- Indulging
     in unauthorized disclosure of confidential information of GUZO to external
     agency, person, GUZO or organization.
- Misuse
     of assets provided by GUZO and welcome kits, which could be detrimental to
     the interest of GUZO's brand and its image.
- Failure
     to abide by any of the rules and guidelines given by GUZO as part of
     service quality standards and principles.
- 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
- 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.
- Captain needs to send any notice on at email id: guzobiketaxi@gmail.com.
