Terms and Conditions For Vayu Driver -0% Commission App

These Terms and Conditions (“T&Cs”) govern the relationship between Vayu Driver -0% Commission App (“Company”, “we”, “us”, or “our”) and drivers (“Drivers”, “You”, or “Your”) who use our software-as-a-service (SaaS) platform (“Platform”) to discover and provide ride services directly to passengers (“Customers”). By registering on the Platform, you agree to be bound by these T&Cs and other policies incorporated by reference.

If you do not agree with these T&Cs, you must not register or use the Platform.

These T&Cs may be updated from time to time, and continued use of the Platform constitutes acceptance of the revised terms.

1. Nature of Services

• 1.1. Provide passenger transportation services (“Ride Services”) using your own vehicle (“Vehicle”).
• 1.2. Interact with Customers, including setting fares and finalizing ride terms independently. The Company only facilitates lead generation and does not employ Drivers or own any Vehicles.
• 1.3. Collect payments directly from Customers for the Ride Services provided.

2. Registration and Eligibility

• 2.1. You must meet the following eligibility criteria to use the Platform:
• Be at least 18 years old.
• Hold a valid driving license.
• Own or have authorization to use a Vehicle compliant with the Motor Vehicles Act, 1988 (“MV Act”).
• Ensure that your Vehicle has valid registration, insurance, fitness certificate, pollution control certificate, and permits.
• 2.2. During registration, you must provide accurate information, including:
• Identification documents (e.g., Aadhaar, PAN card).
• Vehicle details.
• Bank account details.
• Contact information.
• 2.3. You authorize the Company to conduct background checks, including police verification, and validate your information as required.
• 2.4. Your account (“Driver Account”) is non-transferable, and you are solely responsible for maintaining the confidentiality of your login credentials.

3. Your Conduct and Responsibilities

• 3.1. Provide Ride Services in a safe, professional, and courteous manner, adhering to applicable laws, including traffic rules.
• 3.2. Ensure your Vehicle is maintained in a clean and roadworthy condition.
• 3.3. Not reject ride requests without valid reasons or cancel rides excessively, as it may lead to penalties or account suspension.
• 3.4. Refrain from:
• Using drugs, alcohol, or other intoxicants before or during a ride.
• Soliciting tips or additional payments from Customers.
• Carrying unauthorized passengers or goods.
• Engaging in any illegal, unsafe, or unethical practices.
• 3.5. Follow any Standard Operating Procedures (SOPs) communicated by the Company.
• 3.6. Abide by government-mandated fare caps and rate cards where applicable.
• 3.7. Promptly report any incidents, accidents, or illegal activity encountered during Ride Services.

4. Payment Terms

• 4.1. Ride Fares: You are responsible for setting and collecting ride fares directly from Customers. The Company is not involved in fare determination or payment settlement but requires compliance with local transport authority regulations.
• 4.2. Subscription Fee: You agree to pay a minimal daily subscription fee (“Platform Fee”) for using the Platform. This fee will be automatically deducted from your balance on the Platform.
• 4.3. Refunds and Adjustments: Refunds, if any, will be processed based on Company policies and specific circumstances, such as ride cancellations due to technical issues.
• 4.4. Taxes: You are solely responsible for compliance with applicable tax laws, including GST, and for issuing invoices to Customers, if required.

5. Relationship Between Parties

• 5.1. Independent Contractor: You acknowledge that you are an independent contractor and not an employee, agent, or representative of the Company. Nothing in these T&Cs creates any partnership, joint venture, or employment relationship between you and the Company.
• 5.2. No Control Over Ride Services: The Company does not control or dictate your provision of Ride Services, including routes, fares, or schedules.

6. Insurance

• 6.1. You must maintain valid insurance for your Vehicle, including third-party liability coverage as required by law.
• 6.2. The Company may provide accident insurance coverage for Drivers while on an active ride, subject to specific terms. You agree to reimburse the Company for any fraudulent claims made under such policies.
• 6.3. In case of accidents, you must report incidents promptly and cooperate with the Company and insurance providers.

7. Data Privacy and Confidentiality

• 7.1. Data Collection: You consent to the Company collecting, processing, and storing your personal information, including location data, for purposes such as:
• Enabling Platform functionality.
• Improving services and user experience.
• Legal and compliance requirements.
• 7.2. Data Retention and Security: The Company will retain your data only as long as necessary and employ security measures to safeguard it. Drivers have the right to access, rectify, or request deletion of their data.
• 7.3. Confidentiality: You agree to keep all non-public information, including Customer details and Platform data, confidential and not use it for unauthorized purposes.

8. Dispute Resolution

• 8.1. Any disputes between you and a Customer must be resolved directly between the parties.
• 8.2. The Company provides a grievance redressal mechanism and may assist in dispute resolution at its discretion.
• 8.3. Unresolved disputes may be escalated to arbitration under the Arbitration and Conciliation Act, 1996. The seat of arbitration will be [City], and proceedings will be conducted in English.

9. Termination

• 9.1. The Company reserves the right to suspend or terminate your access to the Platform immediately if:
• You violate these T&Cs or applicable laws.
• Fraudulent or unethical behavior is detected.
• Your conduct negatively impacts the Company’s reputation.
• 9.2. Termination Process:
• You will receive written notice outlining the reasons for suspension or termination.
• Drivers may appeal suspensions within a specified timeframe via the grievance mechanism.
• 9.3. Upon termination, you must:
• Cease using the Platform.
• Settle any outstanding payments.
• Return any property belonging to the Company.

10. Liability and Indemnity

• 10.1. The Company is not liable for:
• Losses or damages arising from your use of the Platform.
• Actions or omissions by Customers.
• Vehicle-related issues, including accidents or fines.
• 10.2. You agree to indemnify and hold harmless the Company, its affiliates, and officers against any claims, damages, or expenses arising from:
• Your breach of these T&Cs.
• Non-compliance with applicable laws.
• Any third-party claims related to your Ride Services.

11. Safety Protocols

• 11.1. Drivers must undergo training during onboarding, including safety and customer service protocols.
• 11.2. Drivers should adhere to safety guidelines, including mandatory rest periods and compliance with government regulations.

12. Amendments

The Company reserves the right to amend these T&Cs. Material changes will be notified to you via the Platform or registered email. Continued use of the Platform constitutes acceptance of the revised terms.

13. Governing Law and Jurisdiction

These T&Cs are governed by the laws of India. Any disputes will be subject to the exclusive jurisdiction of the courts in Ahmedabad.

14. Grievance Redressal

For queries or grievances, contact:

• Email: [admin@passdn.com]
• Phone: [Customer Support number]