The customers are free to access the website /apps/internet services through their login ID and password. Customers may change and alter their information shared with the technological platform. The first party/Firm has limited rights to use the information shared by the customers under the privacy policy of the MY INDIAN DRIVER.

The first party of this agreement (MY INDIAN DRIVER) provides a technology based (website/apps/Internet etc.) platform services through its manpower in terms of professional Car drivers which enables user to obtain a short term private driver solution on hourly or day basis as per requirement of the customers. As a user Second party – (Customer/ you) authorize first party /MY INDIAN DRIVER to drive your/customer vehicle and make decisions on your behalf during the time spend by driver with customer between pick and drop time or estimated total time spent with customer’s requirement on hourly/day basis.

The contents of this Agreement only address the services which are provided by the first party through its professional drivers to the second party/customers, with the following conditions.

• It is understood and agreed by both parties that any services or obligations not expressly stated in this Agreement are excluded from the stated terms.
• Additional services not identified or defined within this Agreement to be performed by the “first party” will require an amended legal document, reviewed and signed by both parties.
• The “Customer” will pay the “first party” immediately before or after availing the services, according to the negotiated terms and the invoices billed based on the applicable rates/tariffs at the time of service.
• For outstation one-way trips, the “Customer” must also pay the return bus fare to the driver, in addition to the actual bill amount.
• If another written agreement exists between the “first party” and the “Customer” at the time of preparing the new agreement, the most recent agreement shall be considered the valid document.

Term and Termination

The term of this Agreement begins when the customer agrees to the terms & conditions with the first party and avails of the services. The Agreement remains in force until the completion of services for the specific event. The Agreement will automatically renew for successive services taken for the next trip unless the second party sends written notice to the first party regarding defects in services or grievances. The “first party” may also terminate this Agreement with the “second party” for specified reasons.

The Customer fails to pay any service fees or other charges due identified within this Agreement in a timely manner.

Any breach by the “Customer” of any of the provisions contained in this Agreement and the forged Documents/ misleading information provided by the customer.

The “Customer” fails to follow any of the recommendations made by the “first party” regarding the management, following rules/instructions given by the second party during the trip. In the event the “first party” terminates this Agreement, the “first party has the right to stop services immediately if some misleading information/ wrong identification of travelers or ownership authority comes into the knowledge of the first party.

Excluded Services

The services contained in this agreement shall NOT include: Maintenance/Parts or cleaning facilities of the vehicle during the trip/journey or later at the cost of first party in any terms. Entire check-up of the vehicle before the trip starts shall be the responsibility of the owner or authority of the vehicle.

Customer Obligation and Responsibility

In signing this Agreement, the “Customer” acknowledges that they are major (18 years and above) sound mind and obligated to responsibly avail the services according to instructions The “Customer” agrees to have the “first party” provide the services as agreed upon and in conjunction with the Scope of Services:

• Services provided by the first party can be only availed through the online registration process with the first party. The customer/you are supposed to provide name, contact no. and other required details to avail services.
• The first party completely relies on the information provided by you and we shall not be held liable. If anyone uses the customer/your account, the first party/MY INDIAN DRIVER shall not be liable in any manner.
• At any time the first party/MY INDIAN DRIVER is entitled to verify the information that you have provided and to refuse the service or use of App/website without providing reasons.
• The Customers registering for Private cars for non-commercial purposes bear licensed plates with black lettering over white color background and commercial vehicles bear licensed plates with black lettering over yellow color background or as per the amended rules by the Government authorities.
• The said vehicle should be in good condition and meets the industry safety standards and all applicable statutory requirements for a vehicle of its kind.
• To provide an initial inspection of the vehicle / Condition of the vehicle, physical or structural condition, or its component parts before departure.
• To provide an initial inspection of the documents of the vehicle, or detailed information about the passengers before departure.
• During the trip/journey if the vehicle is stopped by any authorities for the purpose of any investigation or routine checking, if any discrepancies are found in the documentation of the vehicle or the checking of goods carried by the Customer, the customer/second party has to pay all fines and bear all other responsibilities in any other mode.
• During the trip/journey, the owner or authority of the vehicle is supposed to carry documents such as registration certificate, insurance certificate, ID proofs, DL, pollution certificate, fitness certificate of the vehicle, etc.
• During the trip, customers/passengers carrying their children in their vehicle are solely responsible for their look after.
• Customers are solely responsible for their health issues during the journey, especially while moving to a hilly area.
• Customers are preferred to send their children with parents or an authority while they are sending minors alone for a trip/journey.
• All the rules & regulations made to follow during the journey by or under any authority or act have to be followed by the passengers inside the vehicle as well as the general instructions directed by the second party or its agent/driver.
• If the customer/second party finds any negligence of the driver, they are supposed to inform the first party immediately.
• Customers/second party are supposed to manage their timings while departing for Flight/Train/Bus. MY INDIAN DRIVERwill not be liable if any user misses their train/bus/flight.
• In the trip/journey, all toll, fuel, maintenance, and parking charges will be paid by the customer/user.
• All services provided by MY INDIAN DRIVER are at the sole risk of the user/customer.
• If the customer/second party wants to drive the vehicle during the trip/journey, the driver may restrict this practice for safety and security reasons. However, the customer/second party is restricted from driving their vehicle in hills or highways.
• In case of any unfortunate event or damage during the trip/journey, the entire responsibility will be governed by the insurance company and owner or authority of the vehicle.
• Other than any personal criminal liability attaching to the driver, customers/you will be solely responsible for all consequences arising out of the use of the service/driver.
• The user shall be solely responsible if he/she hires a driver directly without company intimation.
• Drinking while driving is strictly prohibited for drivers facilitated by My Indian Driver. If you find him indulging in any such practice, please immediately inform us. If the driver is encouraged/influenced/supported by you in this, it will be your negligence and My Indian Driver will be held indemnified in such conditions. The passenger/car owner/booking agent will be held responsible for any such act by the driver at your service.
• Return bus fare will be borne by the user in case of a one-way trip other than the billed amount.
• In case of any natural calamities, My Indian Driver will not be liable for any damage.
• If the user is not with the vehicle, he/she has to inform us prior. If they don’t inform prior and anything bad happens, My Indian Driver will not be responsible in any manner.
• Users away from the city limit should pay an additional charge of Rs. 100 to our drivers for travel allowance. This would be separate from the actual bill.
• Any in-city ride which is running more than 9 hours, food charges of Rs. 100 will be added to your final bill.
• Any car which values more than 30 lacs (ex-showroom) will be considered a luxury vehicle.
• Waiting time for any ride is a maximum of 20 minutes. Thereafter, the driver may take another booking and will leave your place.

Disclosure to Government Bodies

My Indian Driver shall be entitled to disclose to any government body the particulars of the User in its possession, at its absolute discretion.

Links to third party sites

Links to third party sites may be provided by the application/website as a convenience to the user/customer. The first party/My Indian Driver doesn’t have any control over such sites i.e. contents, information and other sources provided by them. Users may access such third party links through hyperlinks. They may themselves be responsible while visiting such websites or links. The said first party is not responsible for such use or access on other third party links. You are cautioned to read such sites terms and conditions of use of your sites.

Start and cancellation policy

Once the driver is booked for rendering the services or has already started the journey with the customer; customer is bound to pay for the services booked or used with the first party. However, once the driver is booked and if the customer cancels the trip immediately before one hour of the departure time booked; customer second party is bound to pay 150 Rs/- charges to the first party for the inconvenience caused. The first party/service provider/ My Indian Driver does not guarantee the contents of the website/app are free of error, defect, malware and viruses or information hacked in other manner. My Indian Driver reserves the right to deny access to particular user to any/all of its services without any prior notice /explanation in order to protect the interest of My Indian Driver and or other user to the website/app. If user customer found to be in an intoxicated state as well found misbehaving with other passengers or driver of causing a nuisance or misusing his own vehicle in any means; My Indian Driver may cancel trip immediately or take suitable action.

Insurance and damage to property

Neither first party procure insurance for damage or loss of any personal belongings or any other property including tape records, discs, speed measuring device and accessories of any kind nor first party may indemnify in any manner to the customer/person/institution/organization etc. The sole responsibility will be borne by the customer.

Account offer & promotions

The offers and promotional schemes are subject to terms and conditions of the first party/firm and may vary on customer basis. The “Customer” must follow and maintain the services in a manner consistent with the recommendations of the service provider.

Disclaimer of warranties and limitation of liability

Customer understands and agrees that neither this agreement, nor any communication or recommendations provided by the first party , are a guarantee or warranty of any kind regarding the services and any such warranties, express or implied, are hereby disclaimed by the first party. Customer specifically understands and agrees that the first party will not under any circumstances be liable for repair, or replacement of the vehicle or any other consequential, incidental, property or economic damages arising out of or relating to any services performed by the first party pursuant to this agreement. Customer further agrees that the maximum liability of the first party arising out of this agreement is up to the tariff charged for the services from the customers. This Agreement constitutes the entire arrangement between the parties, and there are no Agreements, understandings, restrictions, warranties or representations between the parties other than those set forth herein or herein provided for. All prior or contemporaneous negotiations, Agreements, understandings, statements, representations and warranties are merged into the terms hereof and are superseded hereby.

Choice of Law

The interpretation and enforcement of this Agreement shall be governed by the laws within the territory of JAIPUR Jurisdiction.

Amendment, Modification and Waiver

This Agreement may be modified or amended only in electronic mode or writing signed by the” firm/first party” and the “Customer/second party.”

The rights, responsibilities, and obligations of this Agreement are personal and specific to each of the parties, and shall not be binding upon or inure to the benefit of any third party. The “Customer” and “firm” agree that they do not intend, by their performance of this Agreement, to confer any benefit, right, or entitlement upon any third party. The “firm” assumes no responsibility for any third party’s reliance on any of the services, analysis, review, or recommendations provided by the “firm” pursuant to this Agreement.

Mediation and Arbitration

The ‘Customer” and “firm” agree that, at the sole option of the “firm” any claims or controversies, demands or causes of action of any kind or description arising under or relating to this Agreement, or relating to the interpretation of this Agreement, shall be resolved through mediation and then, if necessary, binding arbitration in accordance with the service Industry Rules of the Indian Arbitration & Conciliation Act. Upon agreeing on terms and conditions through any electronic mode of this agreement has the effect of signing this legal agreement.

COUPON

Coupon(s) means a coupon issued by My Indian Driver and/or a coupon issued by My Indian Driver under a co-branding arrangement with an entity. In consideration of the Customer making payment of money to the My Indian Driver or to any of its authorized dealers, the Service Provider will issue and/or cause to be issued to the Customer the My Indian Driver Coupons in the physical and/or the digital forms depending upon the manner the Customer orders therefore; Service Provider has for the time being arranged for the issue of the My Indian Driver Coupons through the three modes i.e. crediting the Customer’s My Indian Driver account with the coupons of the requisite denominations depending upon the amount paid through any of the processes: using the Credit/Debit Card Online to charge the Customer’s account with the Service Provider, payment to any of the authorized dealers of the My Indian Driver or the purchase of the prepaid card from any of the authorized dealers; (vi) My Indian Driver is not and shall not be a domestic remittance service and as such no user will be entitled to redeem and/or cause to be redeemed the same for cash. My Indian Driver Coupons are not and shall not be a legal tender within the meaning of any law including The Reserve Bank of India Act, 1934. My Indian Driver coupons can only be redeemed by registered Merchants by means of a transfer of equivalent value of their coupon balance to their bank account, or by an account payee cheque, and such payment will be issued by My Indian Driver after deducting any service charges. Coupons are non-refundable electronic credits that can be used to make transactions with registered merchants, but cannot be redeemed for cash

Eligibility

You will be “Eligible” to use Our Services only when You fulfill the following conditions: (a)Have attained at least 18 (eighteen) years of age; (b)Are competent to enter into a contract under the Applicable Laws.

You can avail the Services only if You fulfill the conditions as mentioned above. If You are not Eligible, please immediately abandon any and all attempts to register with Us.

We rely completely on the information provided by you, and My Indian Driver shall not be held liable if anyone misuse Your Account.

As a minor if You wish to avail the Services, such Services may be availed by your legal guardian or parents who have registered as users on the Site. Notwithstanding anything contained under these T&Cs, We reserve the right to terminate Your membership and refuse to provide You with access to the Site or provide Services if it is brought to Our notice or if it is discovered that You are under the age of 18 years or are incompetent to contract as per Applicable Laws.