Last updated: March 5, 2021
1.PLEASE ENSURE THAT YOU READ AND UNDERSTAND THIS SERVICE LEVEL AGREEMENT BEFORE YOU USE CAB BAZAR APPLICATIONS. If you continue to browse and use our website and mobile apps, you are agreeing to comply with and be bound by the following Service Level Agreement that govern the relationship between CabBazar, CB Growth Private Limited, India Accelerator, Ground Floor, MGF Metropolis Mall, Mehrauli-Gurgaon Road,, Gurgaon, hereinafter referred to as "Cab Bazar", and you, hereinafter referred to as "Vendor/Driver".
2.The parties hereto agree as follows:
2.1Cab Bazar provides services for the purpose of providing lead generation to transportation service providers. Cab Bazar receives requests from the users of Cab Bazar’s various applications such as the website, mobile apps, phone calls and other means. Cab Bazar transfers these requests to the authorized transportation provider/ "Vendor/Driver". The "Vendor/Driver" seek, receive and fulfil the requests provided to them from Cab Bazar.
2.2The "Vendor/Driver" acknowledges and agrees that Cab Bazar is only a technology platform to provide various transportation or logistics services through its Vendors who are independent third party contractors not employed by Cab Bazar and that Cab Bazar does not provide transportation services or function as a transportation carrier or operate as an agent for the transportation of passengers.
3.Cab Bazar and the "Vendor/Driver" mutually agree to be bound by the following terms and conditions set forth (electronic or otherwise) in this Agreement.
4.1"Driver" means a principal, agent, employee or contractor of the Vendor who: (a) fulfills the then-current Cab Bazar requirements to be an active driver using the Cab Bazar services; (b) is authorized by Cab Bazar to access the Cab Bazar services to provide transportation services on behalf of the Vendor or on own account, as the case may be; and (c) is verified by the Vendor (except when acting on own account) and whose names are forwarded to Cab Bazar by the Vendors for passing off the leads to them directly.
4.2"Users" means a customer end user, not being a minor (under the age of 18 years), of the various applications of Cab Bazar like the website, the mobile application and call centre numbers, for the purpose of obtaining transport services offered by Cab Bazar’s transportation "Vendor/Driver". If the User is below the age of 18 (eighteen) years, he/she shall read these terms with their parent or legal guardian, and in such a case these terms shall be deemed to be a contract between Cab Bazar and User’s legal guardian or parent and to the extent permissible under applicable laws, enforceable against the User. We reserve the right on a case by case basis to demand documented proof that User’s parent or legal guardian's consent has been granted.
4.3"Vehicle" means any vehicle owned, leased or hired by the Vendor that: (a) fulfills the then-current Cab Bazar requirements for a vehicle on the Cab Bazar platform; and (b) is authorized by Cab Bazar for use by a Driver for the purpose of providing transportation services on behalf of the vendor.
5.Vendor/Driver Relationship with Users
5.1Vendor acknowledges and agrees that Vendor's provision of transportation services to Users creates a legal and direct business relationship between Vendor and the User, to which Cab Bazar is not a party, Cab Bazar is not responsible or liable for the actions or inactions of User in relation to the activities of Vendor, its Driver or of any Vehicle. Vendor shall have the sole responsibility for any obligations or liabilities of Users or third parties that arise from its provision of transportation services on Cab Bazar platform. Vendor acknowledges and agrees that they and their Drivers are solely responsible for taking such precautions as may be reasonable and proper (including maintaining adequate insurance and necessary papers that fulfills the requirements of all applicable laws) regarding any acts or omissions of a user or third party. Vendor/Driver shall be solely responsible for not having the necessary papers and details of the vehicle and any outcome including fine, penalty, damages, etc. arising from such action. Vendor/Driver shall bear all the costs for not complying any law applicable at that time. Vendor acknowledges and agrees that Cab Bazar may release / disclose the contact and/or insurance information of Vendor and/or a Driver to a User upon such User's reasonable request. Vendor acknowledges and agrees that, unless specifically consented to by a User, neither Vendor nor Driver may transport or allow inside any Vehicle, individuals other than a User and any individuals authorized by such User during the performance of Transportation services for such User. Vendor acknowledges and agrees, and shall ensure that its Drivers agree, that all Users should be transported directly to their specified destination, as directed by the applicable User, without unauthorized interruption or unauthorized stops.
5.2Vendor/Driver is free to take any action against the User in case any dispute but not limited to misbehave, destroying or damaging the vehicle or non-payment of the agreed amount, etc. arises between them. Cab Bazar shall not be responsible in any manner whatsoever for any dispute arising between the Vendor/Driver and the User and Cab Bazar shall be indemnified by the parties. Cab Bazar at its sole discretion shall assist the Vendor/Driver in all reasonable manner at every level.
6.Vendor's Relationship with Cab Bazar
6.1Vendor acknowledges and agrees that Cab Bazar’s provision to Vendor of the various applications (like website, mobile app, calls etc.) of Cab Bazar and the Cab Bazar’s services creates a legal and direct business relationship between Cab Bazar and Vendors. Vendor shall be an independent contractor of Cab Bazar and this agreement shall not be deemed and understood to create any relationship of agency, partnership or joint venture between Cab Bazar and Vendor. The Vendor shall not represent the same to any third party for any reason whatsoever. Cab Bazar is not and shall not be deemed to be in direct control of the Vendors or its Drivers generally or in their performance under this agreement specifically. Cab Bazar has no concern to any of the operations of the Vendor's business, the transportation services, the acts or omissions of the Driver of the operation and maintenance of any Vehicle. Vendors and its Drivers retain the sole right to determine when and for how long each of them will utilize the services of Cab Bazar. Vendors and its Drivers have the option to enter in to the contract with Cab Bazar or to leave it however once they choose to leave the agreement they surrender all their rights to use the name of Cab Bazar in any way or to use any such information or logo or the nameplate to indicate that they are still connected with Cab Bazar. The Vendors entering into this contract with Cab Bazar retains the complete right to provide transportation services to its existing customer Users, the conditions of this contract shall be valid only if the Vendor or the Driver of the Vendor uses the leads provided by various applications of Cab Bazar. Cab Bazar retains the right to, at any time in sole discretion, to deactivate or otherwise restrict customer Users or any Driver from accessing or using the services of Cab Bazar in the event of a violation of this agreement, or by any act of the Vendor or the Driver’s act or omission that causes harm to Cab Bazar’s brand, reputation or business as determined by Cab Bazar in its sole discretion. Cab Bazar also retains the right to deactivate or otherwise restrict Vendor or any Driver from accessing or using the services or the various applications of Cab Bazar for any other reason at the sole and reasonable discretion of Cab Bazar along with recovery of damages from the Vendor.
7.Vendor's Relationship With Drivers
7.1Vendors shall have the sole responsibility for any obligation or liability to Drivers that arise from its relationship with its Drivers (in the capacity of agent, employee, contractor or otherwise) including but not limiting to (including provisions of transportation services). Vendors acknowledges and agrees that it exercises sole control over the Drivers and will comply with all applicable laws ( including tax, social security, insurance and employment laws, etc. ) governing or otherwise applicable to its relationship with the Drivers. Vendor acknowledges and agrees that it is at all times responsible and liable for the acts and omissions of its Drivers vis-à-vis Users and Cab Bazar and Vendor shall ensure that the Driver is compliant with all applicable laws.
7.2A Vendor acknowledges and agrees that: (a) after receiving transportation services, a User will be prompted by Cab Bazar's various applications to provide a rating of such transportation services and Driver and, optionally, to provide comments or feedback about such transportation services and Driver; and (b) after providing transportation services, the Driver may be prompted by Cab Bazar's various applications, optionally, to provide rating, comments or feedback about the user. Cab Bazar shall instruct all Drivers to provide ratings and feedback in good faith.
8.Drivers and Vehicles Requirements
8.1.1Vendors acknowledges and agrees that each Driver shall at all times:
(a)hold and maintain (i) a valid Driver's license with the appropriate level of certification to operate the Vehicle assigned to such Driver, and (ii) all licenses, permits, approvals and authority applicable to customer and/or driver that are necessary to provide passenger transportation services to third parties in the territory; (iii) A valid third party insurance and a valid pollution certificate.
(b)Possess the appropriate and current level of training, expertise and experience to provide transportation services in a professional manner with due skill, care and diligence, he should be in a neat and clean attire and maintain a good level of hygiene; and
(c)wear mask, maintain social distancing, keep sanitizer and regularly sanitize the vehicle, specially the parts like door handles, dashboard, gear shifter, key fob, steering wheel, external touch points; and all government guidelines regarding prevention of COVID-19 must be followed.
(d)Maintain high standards of professionalism, service and courtesy. Vendors acknowledges and agrees that each Driver may be subject to certain background and driving record checks from time to time in order for such driver to qualify to provide, and remain eligible to provide, and remain eligible to provide, transportation services. In addition, if Vendor and/or Driver are using the Cab Bazar's various applications to provide transportation services in conjunction with operating a taxi ("taxi services") such Vendor and/or Driver shall comply with all applicable laws with respect thereto. Vendor acknowledges and agrees that Cab Bazar reserves the right, at any time in Cab Bazar's sole discretion, to deactivate or otherwise restrict a Driver from accessing or using its platform of services or the Cab Bazar services if customer User or such Driver fails to fulfill the requirements set forth in this agreement.
8.2.1Vendors acknowledges and agrees that each Vehicle shall at all times be: (a) properly registered and licensed to operate as a passenger transportation vehicle in the territory; (b) owned or leased by Vendor, or otherwise in Vendor's lawful possession; (c) suitable for performing the passenger transportation services contemplated by this agreement; and (d) maintained in good operating condition, consistent with industry safety and maintenance standards for a Vehicle of its kinds and any additional standards or requirements in the applicable territory, and in a clean and sanitary condition. The Vendor is solely responsible for any costs for mechanical failure due to usage of Vehicle for providing services on Cab Bazar platform. The Driver shall be responsible to inform the Vendor in case of such mechanical failure during normal usage and Cab Bazar shall have no onus for the same.
8.3.1To ensure Vendor's and each of its Driver's compliance with all requirements in sections as above, Vendors must provide Cab Bazar with written copies of all such licenses, permits, approvals, authority, registrations and certifications prior to Vendor's and the applicable Drivers' provision of any transportations services. Thereafter, Vendors must submit to Cab Bazar written evidence of all such licenses, permits, approvals, authority, registrations and certifications as they are renewed. Cab Bazar shall, upon request, be entitled to review such licenses, permits, approvals, authority, registrations and certifications from time to time, and Vendor’s failure to provide or maintain any of the foregoing shall constitute a material breach of this agreement. Cab Bazar reserves the right to independently verify customer’s and/or any Driver’s documentation from time to time to time in any way Cab Bazar deems appropriate in its reasonable discretion and the charges incurred on that shall not be refundable or be adjusted.
9.Payment policy and Fare Adjustment
9.1By agreeing to this agreement, Vendor agrees to our pricing policy and payment policy as given below:
9.1.1Cab Bazar reserves the right to change its fare/pricing policy from time to time. In particular, Cab Bazar may at its sole discretion introduce new services and modify some or all of the existing services offered on Cab Bazar platform. In such an event Cab Bazar reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. All payments for the same shall be compulsorily in Indian Rupees acceptable in the Republic of India.
9.1.2Vendors will get the prices for each individual instance of transport service request on Cab Bazar mobile app. Vendor reserves the right to accept the request or not. Vendor is responsible for getting the payment from customer at completion of the service request i.e. at end of the journey.
9.1.3Cab Bazar reserves the right to (i) make adjustments in the Fare for certain cases of giving inappropriate transportation services which causes loss to the User or to the Cab Bazar for instance Drivers taking long routes, the Vehicle is not as per the standards, Driver not following proper instructions provided to him, inordinate delay in providing the services. (ii) cancel the Fare for a particular instance of transportation services (e.g., A User is charged for transportation services that were not provided or in the event of a User complaint, fraud, etc.) Cab Bazar’s decision to reduce or cancel the fare in any such manner shall be exercised in a reasonable manner.
9.2Vendors irrespective of they are the members of any category or not need to maintain non-refundable minimum balance, as defined by Cab Bazar, in their account to get business from Cab Bazar. Not having the minimum balance may attract penalty or any charges be imposed by Cab Bazar at its sole discretion.
9.3Cab Bazar reserves the right to charge a penalty of 0-20% of total fare amount to Vendor in case of cancellation or delay in providing the transportation services after accepting a booking.
9.4Cab Bazar reserves the right to define and charge penalties for inappropriate services provided by the Vendor and Cab Bazar’s decision in determining inappropriate services shall be final and binding on the Vendor, Driver and/or User. The set of inappropriate service actions and the corresponding penalties will be communicated to Vendors through email or SMS or Cab Bazar's mobile app notification. Cab Bazar will do due diligence to ensure the occurrence of inappropriate service. Cab Bazar reserves the right to take the final decision on this and to update the inappropriate service actions and penalties from time to time.
9.5Cab Bazar reserves the right to take proper and suitable action as per the laws applicable wherein the grave offences like sexual harassment is either reported or found. Cab Bazar does not entertain any demand of compensation or else unless Cab Bazar examine the situation in an independent manner and on case-to-case basis. However, Cab Bazar shall always endeavor to provide healthy and conducive environment
10.1Cab Bazar reserves the right to offer memberships to Vendor at any price. All fees for membership are payable in advance of the provision of the service and are non-refundable.
10.2Cab Bazar DOES NOT GUARANTEE any minimum number of taxi bookings, increase in leads or any sales as a result of your purchase of membership. It's just provision for a better chance of accepting taxi bookings for a member Vendor compared to a non-member Vendor.
10.3Cab Bazar reserves the right to add, remove, update or modify features of memberships or define various types of memberships and to modify the website(s), without notification to you.
10.4You will receive the membership for the period of time identified at the time of purchase. Cab Bazar reserves the right to terminate the membership at any time and refund you for fees for the remaining period of membership.
11.1The Vendor acknowledges and agrees that it is required to: (a) complete all tax registration obligations and calculate and remit all tax liabilities related to the provision of transportation services as required by applicable law; and (b) provide Cab Bazar with all relevant tax information (including a valid GST number belonging to Vendor and/or any Driver by applicable law). Vendor further acknowledges and agrees that Vendor and each of its Drivers are responsible for taxes on their own income arising from the performance of transportation services. Notwithstanding anything to the contrary in this agreement, Cab Bazar may in its reasonable discretion based on applicable tax and regulatory considerations, collect and remit taxes resulting from Vendor's and/or any Driver's provision of transportation services and/or provide any of the relevant tax information pertaining to the vendor directly to the applicable government tax authorities on Vendor's and/or the applicable Driver's behalf or otherwise.
12.1The Cab Bazar services, Cab Bazar logo, Cab Bazar website, Cab Bazar mobile application and Cab Bazar data, including all other intellectual property rights therein, and the Cab Bazar devices are and shall remain the property of Cab Bazar. Neither this agreement nor Vendors' use of the Cab Bazar services, its Various applications or Cab Bazar Data, conveys or grants to Vendor any rights: (a) in or related to the Cab Bazar services, its various applications or Cab Bazar Data, except for the limited license granted as above; or (b) to use or reference in any manner Cab Bazar’s company names, logos, product and service names, trademarks, service marks or other indicia of ownership. Additionally, Vendor acknowledges Cab Bazar rights in its Cab Bazar family of trademarks and names, including Cab Bazar, alone and in combination with other letters, punctuation, words, symbols and/or designs. Vendor agrees it will not, and it will ensure that its Drivers do not, try to register or otherwise claim ownership in any of the Cab Bazar marks and names, alone or in combination with other letters, punctuation, words, symbols and/or designs, or in any confusingly similar mark or name. Vendor and/or Driver shall not (i) reproduce, modify or prepare derivative works of applications of Cab Bazar; (ii) decompile, reverse engineer or dissemble the services of Cab Bazar; except as may be expressly permitted by Cab Bazar.
13.1This agreement shall commence of the date that the agreement in any format is executed by Vendor (electronically or otherwise) and shall continue until terminated as set forth herein.
14.1Either party may terminate this agreement: (a) without cause at any time upon seven (7) days prior notice to the other party ; (b) immediately, without notice, for the other party's material breach of this agreement; or (c) immediately, without notice, in the event of the insolvency or bankruptcy of the other party, or upon the other party's filing or submission of request for suspension of payment (or similar action or event) against the terminating party. In addition, Cab Bazar may terminate this agreement or deactivate customer or a particular Driver immediately, without notice, with respect to Vendor and/or any Driver in the event Vendor and/or any Driver, as applicable, no longer qualifies, under applicable law or the standards and policies of Cab Bazar, to provide transportation services or to operate the Vehicle, or as otherwise set forth in this agreement.
15.1Vendor/Driver agrees to indemnify and hold Cab Bazar and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) Cab Bazar’s use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Providers.
16.1The terms shall be construed in accordance with Indian law and the parties hereby submit to the exclusive jurisdiction of the courts of Delhi, India to settle any disputes which may arise in connection with the terms of this agreement. Any dispute, claim or controversy arising out of or relating to these Service Lever Agreement or the breach, termination, enforcement, interpretation or validity thereof or the use of the Site, the Service or the Application (collectively, “Disputes”) the parties shall attempt to settle the same amicably, through negotiation and consultation at such offices of Cab Bazar as Cab Bazar may designate. In the event the dispute is not resolved internally between after at least 30 (thirty) days of negotiation, in good faith, the same shall be subject to binding and final arbitration in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time or in case the Arbitration and Conciliation Act, 1996 is no longer in force, as per any law relating to arbitration in force at the time of such reference. Each party to the dispute shall appoint arbitrator each and the two Arbitrators shall appoint the third or the presiding Arbitrator. The venue and seat of the arbitration shall be Gurugram, Haryana, India. Subject to the above, any Dispute will be subject to the exclusive jurisdiction of courts in Gurugram, Haryana, India.
17.Disclaimer, Limitation of Liability and Indemnity
17.1THE SERVICES, CONTENT AND ANY THIRD PARTY CONTENT ARE PROVIDED BY CABBAZAR ON AN “AS IS” BASIS AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, CABBAZAR MAKES NO WARRANTY THAT (I) THE WEBSITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS OR YOUR USE OF THE WEBSITE OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (II) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR SERVICES WILL BE EFFECTIVE, ACCURATE OR RELIABLE; (III) THE QUALITY OF THE WEBSITE OR SERVICES WILL MEET YOUR EXPECTATIONS; OR THAT (IV) ANY ERRORS OR DEFECTS IN THE WEBSITE OR SERVICES WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CABBAZAR OR THROUGH THE WEBSITE / CONTENT OR FROM USE OF THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
17.2CABBAZAR SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF CABBAZAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CABBAZAR SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY, EVEN IF CABBAZAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CABBAZAR SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE OF SERVICES BY ANY THIRD PARTY OR ORGANIZATION. IN NO EVENT SHALL CABBAZAR’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED RUPEES 100 (INR 100).
18.1In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:
Name: Amit Dhall
Address: CabBazar, CB Growth Private Limited, India Accelerator, Ground Floor, MGF Metropolis Mall, Mehrauli-Gurgaon Road, Gurgaon, Haryana, India – 122016