Terms and Conditions for Drivers of O-Rickshaw

This document is a Driver’s Service Agreement between End Mile Connectivity Federation (Endmile, us, we”) and you, the Driver.

Endmile is the Licensee and operates the O-RICKSHAW ride-hailing mobile app/website (“Application”). Whereas, Endmile has obtained a limited license to use O-RICKSHAW for business purposes. The Application is technology-based software for finding auto-rickshaws by certain people (“Passenger”) to go to or ride to certain places to be matched with third party independent transportation providers, drivers or vehicle operators (“Driver, you, your”) for a certain price (“Service”).

By clicking the Accept & Agree button in the Driver’s Registration Form, you confirm that you have read, understood, accepted and agreed to these terms and conditions.

1. Definitions

  • Agreement: Means this Driver’s Service Agreement, as may be amended from time to time in accordance with the terns contained herein.
  • Applicable Laws: Shall mean any and all laws, including but not limited to the Consumer Protection Act, 2019, Consumer Protection (E-Commerce) Rules, 2020, Information Technology Act, 2000 and rules framed thereunder, Legal Metrology Act, 2009 and rules framed thereunder, Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, , other statutes, directives, regulations, decisions, legislations, regulatory rules, orders, judgments, decrees, frameworks, code of practice, guidelines or industry standards as issued by Government of India, any State Government in India and/or any other statutory and regulatory authority in India from time to time and are applicable to a Party, the services and /or arrangements covered under the Agreement.
  • Passenger: A person who uses the O-Rickshaw App to book a journey and avail the transportation service provided by a Driver who is affiliated with the O-Rickshaw App.
  • Fare: The amount of money that a Passenger pays or owes to O-Risckshaw for booking and completing a ride through O-Rickshaw.
  • Information: The details that the Driver or passenger provides to O- Rickshaw for the purpose of registration and onboarding as a driver or passenger with O-Rickshaw.
  • Driver: Driver who offers service to the passenger by picking them up from the location shown on the Device and dropping them off at the destination chosen by the Customer when they make their Service Request and accepted by the Driver.
  • Service: A request that the Customer makes to book a ride on O-Rickshaw for transportation Service.

2. Term

This Agreement starts on the date when your registration as a Driver is approved by O-Rickshaw (“Effective Date”) and will last until it is terminated according to Clause 11 below in this Agreement.

3. Registration

  • To register an account on O-RICKSHAW, you must be a natural person over 18 years old and competent to enter into a Contract according to Indian Contract Act, 1872.
  • To register, you need to give some basic personal information like your name, driver’s license number, and address and any such detail required while registration on the Application. You can only use this data to open one account.
  • You must ensure that the Registration Data that you provide is accurate, complete, current, valid, and true and that you update it from time to time. We will not be liable for any false, incomplete, or incorrect Registration Data that you provide.
  • You must not disclose your account or access details to anyone else. We cannot confirm your identity and does not guarantee that Your Registration Data will be liable for all activities and transactions that occur through Your account. You need to inform Us immediately in case you suspect any unauthorized use of your account.
  • If we detect any suspicious activity from your account, we have the right to change, stop, or limit any or all services without warning. We can also take away or limit your access to any or all services without warning.

4. Grant of License

From the Effective Date and in return for the Payment (defined below), we give you a revocable, non-exclusive, non- transferable, limited license to use and access the Application to enable you to perform the Service according to the terms and conditions of this Agreement. You must also follow and respect the Term of Use of the Application at all times, which may be updated from time to time. You are advised to check the latest version of the Term of Use regularly.

5. Drivers’ Obligations and Code of Conduct

During the Term of this Agreement, you promise that;

  • You have a valid driver’s license issued by the respective State Road Transport Authority in accordance with Motor Vehicle Act.1988.
  • The vehicle that you plan to use when performing the Service (“Vehicle”), is in good working condition and meets the industry safety standards for Vehicles of its type;
  • You will follow and obey the road safety standards, as required by the applicable laws;
  • You will not use the Application to cause trouble or act in an improper or disrespectful way towards us, our affiliates or any third party.
  • You shall not contact Passengers for reasons other than related to the Service;
  • You shall ensure that the vehicle is kept in good condition and regular inspection is done to ensure that the vehicle is safe, roadworthy and suitable for its purpose;
  • You shall follow all traffic laws and regulations set by the relevant authorities from time to time; 
  • You shall only use the vehicle that you have registered in the Application and should not use any other vehicle. If you need to use another vehicle for the same account, please contact O-RICKSHAW/ Endmile to make the necessary changes of information.
  • You are not allowed to consume any alcohol, drugs and/or illegal substances before or during the drive;
  • You shall not drive recklessly which may put the Passenger(s) safety and wellbeing at risk. 
  • Any form of misbehaviour or sexual harassment is strictly forbidden. O-RICKSHAW Endmile may report you to the police for any wrongdoing that can be considered as criminal; 
  • You shall not transfer jobs and every accepted job assignment shall be done and completed by you;
  • You shall not discriminate against different religion, race, sexuality, and the disabled; 
  •  Overcharging Passenger(s) shall be taken seriously. Fares are to be decided by the rates set by the O-RICKSHAW. You are not allowed to charge extra to your Passenger(s) unless stated otherwise by O-RICKSHAW/ Endmile   via its Platform;
  • The number of Passenger(s) allowed in the vehicle must follow the Standard Operating Procedures (SOP)/ regulations set by the relevant regulatory authorities; 
  •  O-RICKSHAW will not be liable for any act done by you such as negligence, misbehavior and/or wrongdoing towards the Passenger(s), other road user(s) and/or other third party(ies); 
  • You shall have the right to reject Service for Passenger(s) that look drunk or unsuitable before boarding the vehicle. 
  • Passengers and Drivers may be able to rate or block each other in relation to the Services provided.
  • The driver is liable for all the requisite taxes associated with their service.
  • The app is developed in collaboration with and pursuant to the standards of ONDC. You shall agree to comply with all such directions, guidelines, and policies as issued by ONDC from time to time

6. Payment Terms for Drivers

A daily amount of Rs. 20 will be automatically withdrawn from your bank account, which will be reimbursed to you if you do not complete three rides on the same day. The reimbursement will be processed to the same account on the following day.

We have the discretion to charge any such Platform fees from the Driver as updated on the Application from time to time.

7. Cancellation/Refund Policy

The Passengers depend on you for delivery or provision of the Service. You agree that high and/or frequent cancellation rates or ignoring the Passengers’ bookings will harm the Passengers’ experience and negatively affect the reputation and branding of O-RICKSHAW.

We value your time, and we know yours is as precious as ours. and therefore, we enforce a strict cancellation policy to address any inconvenience caused by cancellations. After cancelling three rides in a month, If you cancel a fourth ride in the same month, your account will be temporarily suspended for 5(five) days. This policy aims to maintain a balance between passenger satisfaction and driver well-being and by minimizing unnecessary cancellations, we create a better experience for everyone.

As a policy, we do not offer refunds for incomplete/cancelled rides.

8. Intellectual Property Rights

End miles is only a Licensee of the O-Rickshaw App and Suma Soft Private Limited where applicable, shall own all right, title and interest, including all related intellectual property rights, in and to the Application and by extension, the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service. The terms and conditions do not make a sale agreement and do not give you any rights of ownership in or related to the Service and/or the Application, and any intellectual property rights owned by Suma Soft in reference of O-RICKSHAW and/or its licensors.

9. Confidential Information

In this Agreement the term “Confidential Information” shall any and all information relating to the O-Rickshaw/End mile’s business, including, but not limited to, research, developments, product plans, products, services, diagrams, formulae, processes, techniques, technology, firmware, software, know-how, designs, ideas, discoveries, inventions, improvements, copyrights, trademarks, trade secrets, customers, suppliers, markets, marketing, finances disclosed by Us either directly or indirectly in writing, orally or visually, to You. Unless otherwise agreed to in advance and in writing by the O-Rickshaw/Endmile.You will not, except as required by law or court order, use the Confidential Information for any purpose whatsoever other than the performance of the Services in accordance with this agreement.

10. Drivers’ Representations, Warranties and Undertaking

During the Term of this Agreement, you promise, guarantee and agree that:

  • you are legally able to enter into the Agreement and that you are at least eighteen  (18) years old;
  •  all the information that you provide is true and correct;
  • when performing the Service, you agree to follow all laws that apply to you and/or your performance of the
    Service;
  • you own, or have the legal right and authority to operate, the Vehicle that you
    plan to use when performing the Service;
  •  you have all the suitable licenses, approvals and authority to provide the Service;
  • You shall follow all local laws related to the operation of an e-hailing service and will be solely accountable
    for any violations of such local laws; and
  • You know that when responding to Passengers, an in-app messaging function will
    be available. If you choose to communicate in another way, standard telecommunication charges may apply
    which you have to pay for.

11. Indemnification

During the Term of this Agreement, you agree that you shall indemnify and protect O-RICKSHAW, its licensors and each such party’s affiliates, officers, directors, members, employees, attorneys and agents from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs and/or regulatory action) arising out of or in relation to: (a) your performance of the Service and any violation and breach to the Code of Conduct; or (b) your violation or breach of any of the terms and conditions of this Agreement and the Term of Use of the Application; and (C) any act or omission, negligence or wilful misconduct causing personal injury, death or property damage.

12. Disclaimer of Warranties

The Application, its content and any related service(s) is provided to you on an “as is” basis. We make no representations or warranties of any kind, express or implied, in connection with the Application, Platform, Service, these terms and conditions, the content or any related service(s). Although we make reasonable efforts to keep the Application up to date, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date. We shall not be liable for any direct, indirect or consequent loss arising from the modifications or amendments to the Application, Platform, Service, or terms and conditions.

13. Suspension and Termination

You agree and accept and acknowledge that a failure to follow the Term of Use may result in suspension of this grant of right.

You agree that we may do any of the following, at any time, without notice: (i) to modify, suspend or end operation of or access to the Application, or any part of the Application (including access to your Account and/or the availability of any products or services), for any reason.

We do not have to compensate you for any suspension or termination.

14. Governing Law

Any dispute arising out of or relating to Terms and Conditions, shall be in accordance with the laws of India and the courts in Pune, Maharashtra shall have exclusive jurisdiction.

15. Relationship

The relationship between you and us shall be of the nature of independent contractors. Nothing contained in these terms and conditions shall be construed as creating any agency, partnership, or other form of joint enterprise with us.

16. Severability

If any provision of the terms and conditions is held to be invalid or unenforceable, the legality, validity and enforceability of the remaining provisions shall not be affected or impaired.

17. Amendment or Modification

We have absolute discretion to change or modify these Terms of Use and any policies which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to this Site. Your use of this Site after such changes or modifications have been made shall constitute your acceptance of these Terms of Use as last revised.

18. No Waiver

The failure to enforce any right or provision in the terms and conditions shall not constitute a waiver of such right or provision.

19. Entire Agreement

This Agreement comprises the entire agreement between you and us and supersedes any prior or contemporaneous negotiations or discussions.

20. Point of contact

For any queries or assistance required related to O-Rickshaw, please contact us at driversupport@orickshaw.com or Helpline Desk. 01205165310.