AMO Taxi

AKT CITY VEHICLE AGGREGATOR PRIVATE LIMITED- CUSTOMER AGREEMENT

CONTRACTUAL RELATIONSHIP
This Agreement/Contract governs the access or use by, an individual (also referred to “Customer/Users’’), of the application(s) (“AMO Customer App”), website (“AKT CITY VEHICLE AGGREGATOR PRIVATE LIMITED website / AMO website”), portal (“AKT CITY VEHICLE AGGREGATOR PRIVATE LIMITED portal / AMO portal”) andcontent, products, and services (the “Services”) through website, portal, application(s)made available by AKT CITY VEHICLE AGGREGATOR PRIVATE LIMITED, a partnership firm registered under the Partnership Act 1932(India)and exclusive owner of ‘AMO’ website, portal and application(s), having its office at No. 04 JJ Nivas, Junglighat, Port Blair, South Andaman, 744103 India [hereinafter referred to as ‘the Aggregator’ [as defined under section 1(1) of the Motor Vehicle Aggregator Guidelines 2020(India)], which expression shall mean and include the Aggregator’s officers, representatives, successors-in-office, affiliates and assigns.
1. THE USER/CUSTOMER SHALL READ THE TERMSOF THIS AGREEMENT CAREFULLY AND CONSENT BEFORE ACCESSING OR USING THE SERVICES OF THE AGGREGATOR.
  1. The access and use of the Services of the Aggregator constitutesthe agreement of the Customer/User/Individual to be bound by the Terms mentioned in this agreement.This Agreement establishes a contractual relationship between the Customer/User/Individual and the Aggregator.
  2. If the Customer/User/Individual does not agree to these Terms of this Agreement, he/she/they should not proceed to consent and subsequently should not access or use the Services of the Aggregator.
  3. The Terms of this Agreement expressly supersede prior agreements or arrangements with the Customer/User/Individual and the latest amended version of the website/portal/application shall be treated as new terms of this agreement.
  4. The Aggregator may immediately modify/alter/terminate the Terms of this Agreement or any Services in the latest updates with respect to the prior terms.
  5. The Aggregator unilaterally may denyany offering or access to the Portal/website/application or the Services or any portion thereof to the Customer/User/Individual, at any time for any reason.
  6. This Agreement shall deem to include all present and future Supplemental terms that may apply to certain Services, such as policies for modification/ alteration of this Agreement and/or special events, activities, updates or promotions, and such supplemental terms that shall be updated on the Portal/Website/Application from time to time.
  7. The updated Supplemental terms at any point of time in the Portal/Website/Application shall be deemed a part and parcel of, the Terms of this Agreement for the purposes of the fresh consent and the Customer/User/Individual’s access to the applicable Services on the Aggregator’s Portal/Website/Application.
  8. The altered and/or added Supplemental terms shall either be treated as modifying the Terms of this Agreement and in the event of a diametrically opposite meaning, prevail over the original Terms of this Agreement to the extent that the Supplemental Terms should not nullify the entire Agreement with respect to access by the Customer/User/Individual for the applicable Services.
  9. The Aggregator may unilaterally amend/alter/add/reduce the Terms and Supplemental Terms of this Agreement for the access of Services by the Customer/User/Individual from time to time.
  10. Amendments to the Terms and Supplemental Terms to this Agreementshall be effective upon the Aggregator’s posting of such updated Terms and Supplemental Terms on its Portal/Website/Application with respect to such amendments.
  11. The subsequent and continued access or use of the Services by the Customer/User/Individual after such updates on the Portal/Website/Application shall be subject to fresh consent of the Customer/User/Individual to be bound by the amended/altered Terms and Supplemental Terms.
  12. The collection and use of personal information of the Customer/User/Individual including the mandatory and optional information in connection with access or use of the Aggregator’s Services is provided in AKT CITY VEHICLE AGGREGATOR PRIVATE LIMITED’s Privacy Policy shall be located at“Website’’.
  13. The Aggregator may provide any personal/private information of the Customer/User/Individual voluntarily supplied by the Customer/User/Individual to any claims processor or any insurerin case of a claim, complaint, compensation, fine, penalty, dispute or conflict, which may arise because of any event including an incident or accident, involving the Customer/User/Individual and the Vehicle, Vehicle owner, Vehicle possessor, Driver and/or any Third Party including Governmentfor the resolution of the complaint, dispute or conflict and payment of any claims, fines, penalties and compensation.
THE SERVICES
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  1. The Services under the Terms and Supplemental Terms of this Agreement shall constitute:
    1. the technology platform on the Portal/Website/Application that enables the Customer/User/Individual of theAggregator to make online arrangements and/or schedule(d) transportation and/or logistic services with independent third party(ies) provider(s) of such services, including independent third party transportation providers and independent third party logistics providers under an agreement with AKT City Vehicle Aggregator Private Limited and/or certain of AKT City Vehicle Aggregator Private Limited’s affiliates or expressed or implied contractees (“Third Party Providers”);
    2. all support services to the Customer/User/Individual of the Applications in relation to, among others, payment facilitation (includes online and cash payments), sharing trip related details, resolution ofissues/queries/complaints/support or help, arrangement of pickup facility from any destination to another destination within Andaman & Nicobar Islands and other similar support services; and
    3. services of discounted rides/ride pass(es) (if any) offered to the Customer/User/Individual for the access to Services on the Applications of the Aggregator.
  2. Unless otherwise agreed by the Aggregator in a separate written agreement with the Customer/User/Individual, the Services under this Agreement are made available solely for the personal, noncommercial use of theCustomer/User/Individual.
  3. The Customer/User/Individual acknowledges that the Aggregator does not provide transportation services or logistics services or functions as a transportation carrier but only facilitates the online services with respect to the provision of transportation or logistics services by third party transport service providers.
  4. The Customer/User/Individual acknowledges that all such transportation services or logistic services are provided by transportation carriers or transport service providers who are independent third-party contractors under contract with the Aggregator and who are not the employees/servants/wards of the Aggregator or any of its affiliates or are partners of the Aggregator within the meaning of the Partnership Act 1932.
2. LICENSE
  1. Subject to compliance with the Terms and Supplemental Terms of this Agreement by the Customer/User/Individual, the Aggregator grants the Customer/User/Individual only a limited, non-exclusive, non-sublicensable, revocable, non-transferable permission to:
    1. access and use the Applications on the personal device of the Customer/User/Individual in connection with the use of the Aggregator’s Services by the Customer/User/Individual; and
    2. access and use of the content, information and related materials only with respect to availability of the Services under this Agreement and not with respect to any Property Rights (including Intellectual Property Rights like software, program, codes).
  2. Any rights not expressly granted under the Terms and Supplemental Terms of this Agreementshall be reserved for the Aggregator.
3. RESTRICTIONS
  1. The Customer/User/Individual shall not:
    1. remove any copyright, trademark, design or other proprietary rights or interests from the Aggregator’s Portal, Website, Applications;
    2. reproduce, modify, prepare derivative works, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the data on the Aggregator’s Portal, Website, Application(s);
    3. assemble, build, compile, debug, disassemble, decompile, interpret, package, reverse engineer or run the codes, programs, software with respect to provision of the Services except as limited to the applicable laws of India;
    4. link to, mirror or frame any portion of the Aggregator’s Portal, Website, Applications, codes, programs, software;
    5. cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining of the Aggregator’s Portal, Website, Applications, codes, programs, software or unduly burdening or hindering the operation and/or functionality of the Aggregator’s Portal, Website, Applications, codes, programs,
    6. attempt to gain unauthorized access to or impair the Aggregator’s Portal, Website, Applications, codes, programs, software or its related systems or networks.
4. PROVISION OF THE SERVICES
  1. The Customer/User/Individual acknowledges that portions of the Services may be made available under the Aggregator’s various brands or request options associated with transportation or logistics, including the transportation request brands currently referred to as “AKT City Vehicle Aggregator Private Limited,” “AMO” and others.
  2. The Customer/User/Individual acknowledges that the Services under this Agreement subject to fluctuations of demand and supply may be made available under such brands or request options by or in connection with:
    1. certain of AKT City Vehicle Aggregator Private Limited’s subsidiaries and affiliates; or
    2. independent Third Party Providers, including transportation network company drivers, transportation charter permit holders or holders of similar transportation permits, authorizations or licenses; or
    3. Any special arrangement made by AKT City Vehicle Aggregator Private Limited temporarily.
5. THIRD PARTY SERVICES AND CONTENT
  1. The Terms and Supplementary Terms of this Agreement may be made available or accessed in connection with third-party services and content that the Aggregatormay or may not control.
  2. The Customer/User/Individual acknowledges that different or variable terms of use and privacy policies may apply to the Customer/User/Individual’s use of such third party services and content.
  3. The Aggregator however, shall not endorse such third party services and content and in no way or event shall be responsible or liable for any products or services of such third party providers.
  4. The Customer/User/Individual acknowledges that operating systems provider and web browsers including Apple Inc., Google Inc., Microsoft Corporation or other information technology products’ manufacturers and producers and/or their applicable national and international subsidiaries and affiliates will be third-party beneficiaries to this contract if the Customer/User/Individual accesses their services in any form or manner.
  5. The third-party beneficiaries (including the operating systems provider and web browsers)are not parties to this contract and are not responsible for the provision or support of the Services in any manner.
  6. The Customer/User/Individual’s access to the Services using these devices is subject to terms set forth in the applicable third-party beneficiary’s terms of service.
6. OWNERSHIP
  1. The Services under this Agreement and all rights therein are and shall always remain the Aggregator’s property. Neither the Terms and Supplementary Terms under this Agreement nor the use of the Services convey or grant to the Customer/User/Individual any rights:
    1. in or related to the Services under this Agreement, except for the limited permission granted under this agreement; or
    2. to use or reference in any manner the Aggregator’s company names, logos, product and service names, trademarks, copyrights or services marks.
USE OF THE SERVICES :
1. USER ACCOUNTS
  1. In order to access or use the Services, the Customer/User/Individual must register for and maintain an active personal user Services account (“User Account”).
  2. The Customer/User/Individual must be at least 18 years of age, to create an Account.
  3. Account registration on the Aggregator’s Portal, Website, and Application requires the Customer/User/Individual to submit to the Aggregator certain information and filing up of the fields, such as personal information including first name, middle name and surname, address, mobile phone number, age, email Id, as well as at least one valid payment method (cash, credit card, debit card, API like Phone Pay, Google Pay amongst others).
  4. The Customer/User/Individual agrees to maintain real, factual, accurate, complete, and up-to-date information in their Account.
  5. Failure to maintain such real, factual, accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in the denial ofaccess to and use of the Services including termination of this Agreement and blocking of the Customer Account.
  6. The Customer/User/Individual is responsible for all the activity conducted under their Account. The Customer/User/Individualagreesand consents to maintain the security and secrecy of their Account including the username and password (which should not be disclosed to any person and the password should be updated from time to time) at all times.
  7. Unless otherwise permitted by the Aggregator in writing (for specified reasons), the Customer/User/Individual may only possess one Account at any point of time.
  8. In case, more than one accounts are maintained, the Aggregator reserves the right to block all the accounts and terminate the Agreement with the Customer/User/Individual.
2. USER REQUIREMENTS AND CONDUCT.
  1. The Service under this Agreement is not available for use by persons under the age of 18. The Customer/User/Individual may not authorize third parties to access or use their Account, and the Customer/User/Individual may not allow persons under the age of 18 to receive transportation or logistics services from Third Party Providers unless they themselves are accompanying such minors. However, the Customer/User/Individual is not permitted to accompany any stranger or persons of questionable character including criminals and outlaws.
  2. The Customer/User/Individual may not assign or otherwise transfer their Account to any other individual, person or entity.
  3. The Customer/User/Individualagrees to comply with all applicable laws when using the Services, and should only use the Services for lawful purposes (e.g., no transport of unlawful or hazardous materials).
  4. The Customer/User/Individualshall not, while using the Services, cause nuisance, annoyance, inconvenience, or property damage, whether to the Third-Party Provider or any other party.
  5. In certain instances,the Customer/User/Individual may be asked to provide proof of identity to access or use the Services, and the Customer/User/Individualagrees that they may be denied access to or use of the Services if they refuse to provide proof of identity.
3. TEXT MESSAGING& EMAILS.
  1. By creating a User Account, the Customer/User/Individual agrees that the Aggregator may send the Customer/User/Individual informational text (SMS) messages as part of the normal business operation of the Aggregator’s Services for use by the Customer/User/Individual.
  2. The Customer/User/Individual may opt- out of receiving emails and (SMS) messages from the Aggregator by sending a message to the Aggregator on its Website/Portal/Applicationor by sending an email to aktcity2022@gmail.com indicating that they no longer wish to receive such messages or email, including their phone number and email ID.
  3. The Customer/User/Individual acknowledges that opting out of receiving text (SMS) messages may impact their use of the Services or blocking them from use of the services.
4. PROMOTIONAL CODES.
  1. The Aggregator may, in its sole discretion, create ‘promotional codes’ that may be redeemed by the Customer/User/Individual crediting their user account, with discounts or benefits related to the Services subject to any additional terms that the aggregator establishes on each ‘promotional code’ depending on the frequency on use of the Services.
  2. The Customer/User/Individualagrees that the promotionalcodes:
    1. must be used only by them for the purpose ofServices of the Agreement, in a legal and lawful manner;
    2. must not be replicated, duplicated, sold, gifted or transferred in any manner, or made available to any other person except the Customer/User/Individual that has received the promotional codes;
    3. the promotional codes may be disabled by the Aggregator without citing any reason and without any liability to the Aggregator;
    4. may only be used pursuant to the terms that the Aggregatormay establish for redemption of thepromotionalcodes;
    5. cannot and should not be redeemed for cash; and shall only be used for access and use of subsequent services;
    6. The promotional codes will have an expiry date and will expire if not used within the time specified.
  3. The Aggregator reserves the right to withhold or reduce or deduct credits or other features or benefits obtained through the use of such promotionalcodes by the Customer/User/Individual in the event that the Aggregator determines or believes that the use or redemption of the promotionalcode(s) was due to an error or fraudulent, illegal use of the promotional codes or use of the codes in violation of the applicable code terms.
5. USER CONTENT.
  1. The Aggregator may, in its sole discretion, requestor direct the Customer/User/Individual from time to time to submit, upload, publish or otherwise make available to the Aggregator through text messages, audio, and/or visual content and information, including feedback related to the Services, initiation of support requests, and promotions.
  2. By providing User Content to the Aggregator, the Customer/User/Individual grantsthe Aggregatorpermission and a perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels subject to theDigital Personal Data Protection at 2023 (“DPDP Act”)(India) and/or the EU General Data Protection Regulations (if applicable) or similar Privacy Laws of any third country(ies) (if applicable)and subject to other laws of India that restrains the Aggregator from such acts.
  3. The Aggregator may sublicense, use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Contentof the Customer/User/Individual, without further notice to or consent from the Customer/User/Individual, and without the requirement of any payment or compensation to the Customer/User/Individual.
6. REPRESENTATION AND WARRANTIES OF THE CUSTOMER/USER/INDIVIDUAL
  1. The Customer/User/Individual represents and warrants that:
  2. The Customer/User/Individualagrees to not provide any information in the User Content that is defamatory, libelous, hateful, racist, violent, obscene, pornographic, illegal, unlawful, or otherwise offensive, as determined by the Aggregatorin its sole discretion, irrespective of whether such material may be protected under any other law.
  3. The Aggregator may, review, monitor, or remove any information in the User Content at any time, for any reason (without citing) and without any notice to the Customer/User/Individual.
7. NETWORK ACCESS AND DEVICES.
  1. The Customer/User/Individual is responsible for obtaining the data network access including internet access necessary to use the Services. Messaging rates and fees may apply to the Customer/User/Individual whilst they use mobile network or network on any other device.
  2. In case the Customer/User/Individual accesses or uses the Services under this Agreement from a wireless-enabled device, then they shall be responsible for the rates and fees applicable on such wireless-enabled devices.
  3. The Customer/User/Individual shall always be responsible for acquiring and updating compatible hardware, devices or software essential and necessary to access the Aggregator’s Website/Portal/Application and use the Services and Applications with the latest updates.
  4. The Aggregator does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices or is compatible with any operating system or software.
  5. The Services under this Agreement may malfunction and be subject to delays inherent in the use of the Internet and electronic communications including the Aggregator’s server for which the Aggregator does not provide guarantee.
PAYMENT :
1. CHARGES
  1. The Customer/User/Individualunderstands that use of the Services under this Agreementand the receipt of actual Transport Services (hereinafter referred to as “the ride’’) providedby the Third Party Transport service providers [or “Vendors”under contract with the Aggregator] shall result in charges to themfor the Service availed from the Aggregator and theactual Transport Services, they receive from theThird-Party Transport Service Provider, and such charges cumulatively shall be hereinafter referred to as ‘the Charges’.
  2. Once theCustomer/User/Individual is informed about the receivable Services orhas received services through their use of the Aggregator’s Website/Portal/Application, the Aggregator will facilitate the paymentto be made by the Customer/User/Individual of the applicable Charges.
  3. Payment of the Charges including charges of actual Transport Services (in one or more than one invoices) including a summary of the value/consideration for the use of Aggregator’s Services, the use of Third-Party Transport Service Providers and taxes payable on each of them.
  4. The payment shall be made in cash or through bank or API to the Aggregator or its vendor or the vendor-driver or the driver and shall be considered the same as payment of the Charges made directly by the Customer/User/Individual for use of the Services provided by theTransport Service Provider that shall always include the charges for use of the Aggregator’s Services and the Goods and Services Tax and other taxes (if applicable) on them.
  5. In addition to the charges, the Aggregator reserves the right to charge the Customer/User/Individual amounts for, amongst others, applicable tolls, fees and charges incurred for the provision of actual Transport Services by the Third-Party Providers, pickup facility provided at various places, each along with applicable taxes (including but not limited to Goods and Services Tax) on each item where ever applicable.
  6. Unless provided, the Aggregator shall determinethe city/town/origin,where the trip commences as theupdated address on record of theAggregator’s Portal/Website/Application. Charges paid by the Customer/User/Individual are final and non-refundable, unless otherwise determined by the Aggregator.
  7. All Charges are due immediately and payment will be facilitated by the Aggregatorthat is to be paid by the Customer/User/Individual using cash (in INR) to be paid to the driver or the Vendor-driver or the Vendor or any online payment method provided in theAggregator’s Portal/Website/Applicationthat may includea preferred payment method designated in the Customer/User/Individual Account (to be enabled in the future).
  8. On receipt of the paymentor provision of the Services (which ever is earlier) the Aggregator will send the Customer/User/Individual a receipt by email and a summary by SMS.
  9. The Aggregator reserves the right to establish, remove and/or revise the Charges at any time at its sole discretion; or in consultation with the Third Party Transport Service Providers (for Charges against the service received/to be received by the Customer/User/Individual.
  10. Further, the Customer/User/Individualacknowledges and agrees that Charges applicable in certain geographical areas may increase substantially during times of high demand including vacations, festivals, strikes, civil disturbances and at certain times of the day or night.
  11. The Aggregator will use reasonable efforts to inform the Customer/User/Individual of the Charges that may apply in normal circumstances and circumstances of high demand.
  12. The Customer/User/Individual shall be responsible for Charges incurred under their Account irrespective of whether or not they made themselves aware of the Charges or they were informed about the Charges by the Aggregator.
  13. The Aggregator may from time to time provide certain users with promotional offers, subscriptions and discounts unilaterally.
  14. The Customer/User/Individual may elect to cancel the request for Services from theCustomer/User/Individual,at any time prior to theThirdPartyTransport Service Provider’s arrival, but on each cancellation the Customer/User/Individualshall be liable to pay a cancellation fee on their next ride, which will be displayed on their next invoice.
  15. Except with respect to transportation services requested through the Aggregator’s Portal/Website/Application, the Aggregator does not encourage or designate any additional payment except as that in the invoice, payable or to be paid as a tip or gratuity to the Third-Party Transport Service Provider including the Third-Party Transport Service Provider’sdriver or the Vendor-driver.
  16. After the Customer/User/Individualhas received the Services obtained through the Aggregator’s Portal/Website/Application and the actual Transport services from the Third Party Transport Service Provider, they will have the opportunity to rate their experience and leave additional feedback about the services of theThird-PartyTransport Service Provider.
2. REPAIR OR CLEANING FEES.
DISCLAIMERS, LIMITATION OF LIABILITY AND INDEMNITY :
1. Disclaimer
  1. The Aggregator disclaims all representations and warranties, express, implied or statutory, not expressly set out in the Terms of this Agreement (including the Supplemental Terms), including the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
  2. In addition, the Aggregator makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability or availability of the Services or any services requested by the Customer/User/Individual through the use of the Aggregator’s Website/Portal/Application or the actual Transport service provided by the Vendor, Vendor-driver or the driver, or that these Services will be uninterrupted or error-free.
  3. The Aggregator does not guarantee the quality, suitability, safety or ability of theThird Party Transport service providers.
  4. The Customer/User/Individual agreesand acknowledges that the entire risk arising out of their use of the Servicesincluding theactual Transport servicesaccessed through the use of the Website/Portal/Application of the Aggregator or the actual Transport service provided by the Third Party Transport service providers i.e. the Vendor, Vendor-driver or the driver, and any risk connected with or associated with or incidental to such Service or services, remains solely with the Customer/User/Individual, to the maximum extent permitted under applicable law.
2. Limitation of liability
  1. The Aggregator shall not be liable for indirect, incidental, special, exemplary, punitive or consequential damages, including lost opportunities, lost profits, lost data, personal injury or property damage related to, in connection with, or otherwise resulting from any use of the Servicesof the Website/Portal/Application of the Aggregator or the actual Transport service provided by the Third Party Transport service providers i.e. the Vendor, Vendor-driver or the driver, even if the Aggregator has in his knowledge or has been advised of the possibility of such losses or damages.
  2. The Aggregator shall not be liable for any damages, liability or losses arising out of:
    1. the Customer/User/Individual’s use of or reliance on the Services or their inability to access or use the Services; or
    2. any transaction or relationship between the Customer/User/Individual and any Third-PartyTransport service provider, even if the Aggregatorhas in his knowledge or has been advised of the possibility of such damages, liabilities or losses that may be incurred by the Customer/User/Individual.
  3. The Aggregator shall not be liable for any delay or failure in performance of the Services, resulting from causes beyond the Aggregator’s reasonable control.
  4. In no event shall the Aggregator’s total liability for all damages, losses and liabilitiesto the Customer/User/Individual in connection with the use of the Services availed through the use of the Aggregator’s Website/Portal/Application or the actual Transport service provided by the Third-Party Transport service provider(including the Vendor, Vendor-driver or the driver) exceed One Thousand Rupees ( ₹1000) for all events connected to a single event.
  5. The Aggregator’sServices may be used by the Customer/User/Individual to request and schedule transportation, with Third-Party Transport Service Provider(s), but the Customer/User/Individual agrees that the Aggregator has no responsibility or liability to the Customer/User/Individual related to any transportation services provided to them by the Third-Party Transport Service Providers(including the Vendor, Vendor-driver or the driver), other than as expressly set forth in these Terms of this Agreement including the Supplemental Terms.
  6. The limitations and disclaimer in this section (Limitation of liability) however do not purport or attempt to exclude or limit the liability or alter the rights of the Customer/User/Individual as a consumer that cannot be excluded under the Consumer laws or the compensation or damage, they may be paid for accidents or any other incidents of a very serious nature, by the ThirdParty Transport Service Providers (including the Vendor, Vendor-driver or the driver) for acts for which Third Party Transport Service Providers or their agents are liable and not the Aggregator.
3. Indemnity.
  The Customer/User/Individual agrees to indemnify and hold the Aggregator and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including legal fees and costs awarded by the Courts) arising out of or in connection with:
  1. the Customer/User/Individual’s use of the Services or transport services obtained through your use of the Aggregator’s Services;
  2. the Customer/User/Individual’s breach or violation of any of the Terms of this Agreement including the Supplemental Terms;
  3. the Aggregator’s use of the User Contentby the Aggregatorover which the the Aggregatorhas all exclusive rights, interests, licenses, consent and releases necessary including the license to use the information in the User Content; and/or
  4. the Customer/User/Individual’s violation of the rights of any third party, including Third Party Transport Service Providers (including the Vendor, Vendor-driver or the driver).
GOVERNING LAW; ARBITRATION :
1. Except as otherwise set forth in the Terms of this Agreement, these Terms shall be exclusively governed by and construed in accordance with the laws of India.
2. Any dispute, conflict, claim or controversy arising out of or broadly in connection with or relating to the Services or these Terms, including those relating to its validity, its construction or its enforceability (“Dispute”) shall be governed by mandatory mediation under the Mediation Act, 2023 (India).
3. If such Dispute has not been settled within the limitation of time mentioned under section 18 of the Mediation Act, 2023,after a request for mediation has been submitted to the mediator under theMediation Act, 2023, such Dispute can be referred to and shall be exclusively and finally resolved by arbitration under the Arbitration and Conciliation Act, 1996(India). The Dispute shall be resolved by one (1) arbitrator to be appointed in accordance with theArbitration and Conciliation Act, 1996. The place of both mediation and arbitration shall be Port Blair, Andaman and Nicobar Islands or the place(s) mentioned under the Mediation Act, 2023and the Arbitration and Conciliation Act, 1996respectively.
4. The language of the mediation and/or arbitration shall be English, unless the Customer/User/Individual does not speak English, in which case the mediation and/or arbitration shall be conducted in both English and the language decided by the mediator or the arbitrator.
5. The existence and content of the mediation and arbitration proceedingsunder the Mediation Act, 2023 and the Arbitration and Conciliation Act, 1996 respectively, including documents and briefs submitted by the parties, any correspondence from the mediator including “mediated settlement agreement” under sections 19 and 20 of the Mediation Act, 2023or“non-settlement report” under section 21of the Mediation Act, 2023; orders and awards issued by the sole arbitrator, shall remain strictly confidential and shall not be disclosed to any third party without the express written consent from the other party unless:
  1. the disclosure to the third party is reasonably required in the context of conducting the mediation or arbitration proceedings; and
  2. the third party agrees unconditionally in writing to be bound by the confidentiality obligation stipulated herein.
OTHER PROVISIONS :
1. CLAIMS OF COPYRIGHT INFRINGEMENT.
  Any claim of copyright infringement should be sent to the Aggregator on the Aggregator’s website/portal. Please visit the Aggregator’s web page [AKT CITY VEHICLE AGGREGATOR PRIVATE LIMITED PORTAL NAME / DOMAIN NAME (“****.IN” or “****.CO.IN”) AS REGISTERED]for the designated address and additional information.
2. NOTICE
  1. The Aggregator may give notice by means of a general notice on the its website/portal, electronic mail to the Customer/User/Individual’s email address in their Account, or by written communication sent to the Customer/User/Individual’s address as provided in the Customer/User/Individual Account.
  2. The Customer/User/Individual may give notice to the Aggregator by written communication to the Aggregator's address as mentioned below:
    [Name of the Partner & other partners of AKT CITY VEHICLE AGGREGATOR PRIVATE LIMITED]
    
    AKT CITY VEHICLE AGGREGATOR PRIVATE LIMITED
    No. 04 JJ Nivas,
    Junglighat,
    Port Blair, South Andaman,
    PIN 744103 India
  3. The Customer/User/Individualshall not assign or transfer the Terms under this Agreement including the Supplemental Terms, in whole or in part without the Aggregator’s prior written approval.
  4. The Customer/User/Individualacknowledges that they are providingtheir approval to the Aggregator for it to assign or transfer these Terms in whole or in part, including to:
    1. partners or affiliates;
    2. any acquirer of the Aggregator’s shares, business or assets; or
    3. a successor by merger.
  5. If any provision of the Terms under this Agreement including the Supplemental Terms, is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall be severable and deemed not to form part of the Terms but the legality, validity and enforceability of the other provisions in the Terms shall not be affected and the Agreement shall be deemed to be legal, valid and unenforceable except the severed terms that has been held illegal, invalid or unenforceable by any Court of law.
  6. The Terms of this Agreementincluding the Supplemental Terms, constitute the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous communications, agreements or undertakings regarding such subject matter.
  7. In the Terms, the words “including” and “include” mean “including, but not limited to”.
3. AGGREGATOR’S GUIDELINES
  The Aggregator intends to comply with the guidelines provided under theMotor Vehicle Aggregator Guidelines 2020 (India)to the extent possible. For private party requests, the Customer/User/Individual are requested to follow the Digital Personal Data Protection at 2023 (“DPDP Act”)(India).
4. AKT CITY VEHICLE AGGREGATOR PRIVATE LIMITED (“THE AGGREGATOR”) AND RECORDS
  1. AKT City Vehicle Aggregator Private Limited(“The Aggregator”) is a technology Partnership that has developed an app that connects the Customer/User/Individual with the Third Party Transport service providers [or “Vendors” under contract with the Aggregator],who provide the actual transportation services to the Customer/Users/Individuals.
  2. AKT City Vehicle Aggregator Private Limited is not a transportation carrier and does not employ any drivers.
  3. The Customer/User/Individual can use the AMO Customer App to request transportation via their smartphone through the Aggregator’s website/portal/application by using their phones or devices like computers.
  4. The Customer/User/Individual can choose from a variety of drivers available in his/her/their location.
  5. At the end of the ride, both the Third Party Transport service providers (including the Vendor, Vendor-driver or the driver) and the Customer/User/Individual receive a copy of the fare receipt, in the form of invoice(s) and a summary thereof including Charges for the Services under this Agreement, the actual Transport services and the Goods & Services Tax on the Services under this Agreement, the actual Transport services.
  6. The Charge may include other Charges but not limited to tolls, fees and other taxes.
  7. More information about our services is available here[NAME OF WEBSITE / PORTAL]. We store and maintain information as described in our Privacy Statements and our Terms of Use.
5. LEGAL PROCESS BEFORE PROVIDING OF USER OR PARTNER INFORMATION
  1. The Aggregator discloses business records only in accordance with the terms of Service and the Digital Personal Data Protection at 2023 (“DPDP Act”) (India) or other applicable laws in India.
  2. A valid court order (from Indian Courts) may be required to compel disclosure of certain records.
  3. The users can requestvia email to aktcity2022@gmail.com or via registered mail sent to the following address:
    [Name of the Partner & other partners of AKT CITY VEHICLE AGGREGATOR PRIVATE LIMITED]
    
    AKT CITY VEHICLE AGGREGATOR PRIVATE LIMITED
    No. 04 JJ Nivas,
    Junglighat,
    Port Blair, South Andaman,
    PIN 744103 India
  4. Acceptance of request(s) for disclosure business records (only) of the Aggregator shall not mean initiation of a legal process and shall not mean to waive off any legal objections.
6. FORM OF REQUESTS & PROCESSING THEREOF
  1. To respond to a request, the Aggregator will need to receive the applicable process described above, as well as a valid return email address from an official government domain [***.GOV.IN].
  2. The Aggregator will review each request for facial, as-applied and substantive validity, and will reject any request that fall short of facial, as-applied and substantive validity.
  3. Among other things, the requests from any government official should be narrowly tailored to the purpose of a legitimate law enforcement need and should not be overly broad, vague, or unduly burdensome requests. In case of overly broad, vague, or unduly burdensome requests, the Aggregator may seek clarification(s) from the concerned law agency as to what data or information the law agency needs and for what purposes of legitimate law enforcement.
  4. In order to make sure that the Law Enforcement Request is valid and does not seek more information than is necessary, the Aggregator asks for the following information subject to its rights, interests, legality and lawfulness:
    1. A sufficiently narrow/defined time period;
    2. A specific event or action that the data subject had taken;
    3. A specific reference i.e., the Customer/User/Individual must uniquely identify a user of the transport services and the Third Party Transport service providers (including the Vendor, Vendor-driver or the driver).
  5. The Aggregatorwill disclose data to law enforcement when its Data Officers determine that such data isrequired under the law and is reasonably able to locate and retrievewhen any data subject has not used “their right to be forgotten” or “have used their rights to modify the data”.
7. HANDLING OF EMERGENCY REQUESTS
  1. The Aggregator has a process for evaluating requests on an emergency basis where there is an emergency that involves protecting a Customer/User/Individual and/or protecting a Third Party Transport service provider (including the Vendor, Vendor-driver or the driver) or any third party or stopping any unlawful and illegal activity that poses an immediate threat of death or serious bodily harm to the Customer/User/Individual, a Third Party Transport service provider (including the Vendor, Vendor-driver or the driver) or any third party.
  2. Requests must be submittedin Emergency Request Form (which can be requested by emailing aktcity2022@gmail.com or /downloaded from the website (“AKT City Vehicle Aggregator Private Limited website / AMO website”), portal (“AKT City Vehicle Aggregator Private Limited portal / AMO portal”),filling all the mandatory fields and describing in detail the nature of the emergency.
  3. suchrequests shall be reviewed on a case-by- case basis.
  4. Law enforcement agenciesmay submit an emergency request by emailing aktcity2022@gmail.com.
  5. Only emergency requests from law enforcement agencies shall be reviewed and responded to.
  6. Non-law enforcement may contact local law enforcement agencies for forwarding such requests through Official channels or a valid return email address from an official government domain [***.GOV.IN].
8. NOTIFICATION TOCUSTOMER/USER/INDIVIDUALS OF A LAW ENFORCEMENT REQUEST FOR ANY INFORMATION RELATING TO THEM
  1. The Aggregator may notify the Customer/User/Individual before sending/transmitting/providing their information to any law enforcement agency, unless it is prohibited by law from doing so, or in exceptional circumstances.
  2. Law enforcement officials who believe that notification to the Customer/User/Individual would jeopardize an investigation are required to obtain an appropriate court order or other appropriate process establishing that notifying information to the Customer/User/Individual is prohibited.