AMO Taxi

SUBSIDIARY AGREEMENT

This Services Agreement (‘Susidiary Agreement’) constitutes a legal agreement made between AKT CITY VEHICLE AGGREGATOR PRIVATE LIMITED (Admin), a partnership firm registered under the Partnership Act 1932 and having its office at No. 04 JJ Nivas, Junglighat Port Blair, South Andaman, 744103 India [hereinafter referred to as an ‘Aggregator’ (as defined under section 1(1) of the Motor Vehicle Aggregator Guidelines 2020), exclusive owner of ‘AMO’ Website and Application which expression shall mean and include its representatives, successors in– office, affiliates and assigns on the ONE PART;

Mr ….DRIVER…, son of … address … aadhar no … phone no… driving licence no…, of the driver of transport service provider (Vendor) …. , having its office at … and referred to in the agreement between AKT City Vehicle Aggregator Private Limited and Transport service provider (vendor) dated ….

The ‘driver’ or ‘authorised driver’ being referred to as the SECOND PART.

The AKT City Vehicle Aggregator Private Limited (‘the Aggregator’)and the authorized driver of the Vendor[referred to in the Main Agreement between AKT City(‘the Aggregator’) and Transport service provider (‘vendor’) dated ….] shall hereinafter in this agreement be individually referred to as ‘‘party’’ and collectively as ‘‘parties’’.

WHEREAS AKT City Vehicle Aggregator Private Limited (‘the Aggregator’) owns and operates an online marketplace called “AMO” an online booking platform, and any upgrades from time to time and any other software that enables the use of the application, or such other URL as may be specifically provided by AMO, mobile-based application that lists and aggregates the cab/ Auto service providers and cabs/Auto registered with it.

AND WHEREAS in the agreement between AKT City Vehicle Aggregator Private Limited (‘the Aggregator’) and the transport service provider (‘the Vendor’), AKT City Vehicle Aggregator Private Limited(‘the Aggregator’) has agreed to list the transport service provider, his vehicle(s) and this driver [second part] on the portal of service provider app ‘AMO’ to enable the transport service provider (vendor) to provide movement of the vehicle under his obligation of transport services [as referred to in the agreement between AKT City Vehicle Aggregator Private Limited(‘the Aggregator’) and the Transport service provider (‘the Vendor’), dated ….] through AMO app in accordance with the terms and conditions as provided hereinafter.

NOW THEREFORE THE PARTIES HERETO AGREE AS FOLLOWS-

SCOPE OF SERVICES
1. The authorized driver of the Transport service provider (‘the Vendor’), agrees that the aggregator, AKT City Vehicle Aggregator Private Limited’s role is limited to being a marketplace solely for managing andoperating the Portal for the display of the Service in the manner decided by AKT City Vehicle Aggregator Private Limited (‘the Aggregator’) unilaterally, payment collection through cash, (by the driver on behalf of the vendor to be deposited to AKT City Vehicle Aggregator Private Limited before logging in on AMO the next day or after 12 hours of login or collection of Rs. 750 for Auto and Rs 1900 for cab, from the users, whichever is earlier)or collection through Wallet (of the AMO App an online payment method of whatsoever nature in future in a manner unilaterally decided by the aggregator, AKT City Vehicle Aggregator Private Limited in future) to facilitate the transactions between the driver and the Customers/passengers/riders. Accordingly, AKT City Vehicle Aggregator Private Limited (‘the Aggregator’) is merely an intermediary providing online marketplace servicesand the AMO Portal is only a platform where the driver shall offer Service to the Customers on behalf of the Vendor.
2. The contract foravailing the actual safe transport service shall be a contract solely between the driver and his Vendor(considered as supplier of the transport services) and the user or Customer/passenger/riders booked to avail the services by the user (considered as recipient of the transport services). At no time shall AKT City Vehicle Aggregator Private Limited(‘the Aggregator’) have any obligations or liabilities in respect of the movement of the vehicle and the actual transport service with respect to the contract between supplier of the transport services and the recipient of the transport services.
3. The Driver confirms and undertakes that AKT City Vehicle Aggregator Private Limited (‘the Aggregator’) does not have any stake in the vehicle or the actual transport service or in any way owns or controls or possess the Vehicle whilst the driver uses the vehicle to provide actual transport service to the user/customer/passenger/riders. AKT City Vehicle Aggregator Private Limited (‘the Aggregator’) shall not be held liable or responsible in any manner whatsoever for any insufficiency or deficiency of the Service rendered by the Driver to the Customer. AKT City Vehicle Aggregator Private Limited (‘the Aggregator’) does not make any representations or warranties regarding the quality of the Service provided by driver and the vendor to the customer.
SERVICE REQUESTS

Subject to the agreement between AKT City Vehicle Aggregator Private Limited and the Vendor dated ….,
1. On receipt of a Service Request from an AMO app user, Booking will be allotted to the Driver on the Device or in such other manner as may be agreed between the Driver and AKT City Vehicle Aggregator Private Limited from time to time.
2. The Driver shall duly complete all Bookings allotted in connection with the Services and promptly notify AKT City Vehicle Aggregator Private Limited immediately by means of short message service / telephonic calls/email of any changes/deviations to the Booking, which may affect the provision of the Service.
3. In the event the Driver requires any assistance in connection with the Portal, ServiceRequests, Service etc. therein, he / she should contact AKT City Vehicle Aggregator Private Limited(‘the Aggregator’) or its portal. If the assistancepertains specifically to the Device, Driver App, Portal or anything therein, then such issue maybe directed to the office of AKT City Vehicle Aggregator Private Limited (‘the Aggregator’) or its helpline or authorized call centres.
4. Upon a Service Request being allotted to the Driver on the AMO Driver App, AKT City Vehicle Aggregator Private Limited may provideto the Customer, the Driver’s photograph, driver’s mobile number, details of the Vehicle including vehicle number andmodel,and such other information as required under applicable Laws of the land or as AKT City Vehicle Aggregator Private Limited may deem fit with respect to the requirements of the customer for identification of the Driver and Vehicle.
5. Once a Booking is allotted, AKT City Vehicle Aggregator Private Limited will provide the Driver with the necessary Customerinformation in order to enable the Driver to identify the customer/passenger(s) and satisfactorily provide the actual transport service.
  The information of the AMO App user/customer shall be treated as confidential information under the law.
6. In the event, that the Driver is a female; the Driver shall not accept Service Requests from App users as per the instructions of the local administration or as per the guidelines of AKT City Vehicle Aggregator Private Limited issued from time to time.
COMMUNICATION

Subject to the agreement between AKT City Vehicle Aggregator Private Limited and the Vendor dated ….,
1. When the driver or his/her principal or the Vendor uses the AMO Driver App on AKT City Vehicle Aggregator Private Limited’s Portal or sends SMS, emails or calls or sends data, information or communication to AKT City Vehicle Aggregator Private Limited (‘the Aggregator’), the driver or his principal agrees and understands that they are communicating with AKT City Vehicle Aggregator Private Limited (‘the Aggregator’) through electronic records and consent to receive communications/updates via electronic records from AKT City Vehicle Aggregator Private Limited (‘the Aggregator’) periodically and as and when the need arises. AKT City Vehicle Aggregator Private Limited (‘the Aggregator’) may communicate with the driver or his/her principal or the Vendor by mode of communications including electronic mode.
2. The driver or his/her principal or the Vendor consent to receive communication from AKT City Vehicle Aggregator Private Limited on their registered address, mobile number and/or e-mail id. The driver and/or his principal consent to be contacted by AKT City Vehicle Aggregator Private Limited (‘the Aggregator’) via phone calls, SMS notifications, emails and/or notifications on the AKT City Vehicle Aggregator Private Limited Portal. The driver or his/her principal or the Vendor agree that any communication so received by them from AKT City Vehicle Aggregator Private Limited (‘the Aggregator’) shall not be treated as spam, unsolicited or unwanted communication of their registration and rights on the nationaldo not call or do not disturb registry.
3. The driver or his/her principal or the Vendor hereby agree that by registering with AKT City Vehicle Aggregator Private Limited on its portal, they consent to:
  1. Provide information that AKT City Vehicle Aggregator Private Limitedby/under law can request from the driver and/or his principalto comply with the Know Your Customer (KYC)
  2. request for Aadhar, Permanent Account Number (PAN), driver’s license for other information with respect to identity and information under the law of the land; and
4. The driver or his/her principal or the Vendor acknowledge and agree that their Information may be stored, used, modified (on request),or transferred in aserver within or outside India in order to perform AKT City Vehicle Aggregator Private Limited’s obligationsunder the agreements (both Main and Subsidiary).
DUTIES AND OBLIGATIONS OF THE DRIVER

Subject to the agreement between AKT City Vehicle Aggregator Private Limited and the Vendor dated ….,
1. The driver or his/her principal or the Vendor shall undertake and confirm that they have been trained on the AMO driver app/AKT City Vehicle Aggregator Private Limited Portal and that they understand how to navigate them.
2. The actual Transport Service provided by the driver or his/her principal or the Vendor by utilizing the AMO app or AKT City Vehicle Aggregator Private Limited portal shall be of the quality as required under law or the local industry standards and as per the guidelines and notifications provided by AKT City Vehicle Aggregator Private Limited on its portal. The driver and/or his principal shall be liable for any loss caused to AKT City Vehicle Aggregator Private Limited and/or the customer/passenger/rider(s) due to negligence and/or intentional act of the Driver in the performance of the actual Transport Service.
3. The Driver shall be deemed to be informed about favourable /adverse weather conditions, traffic disruptions and diversions, strikes, curfews, bandhs, civil and political disturbances, and all other information that could affect the transport service; and shall immediately inform AKT City Vehicle Aggregator Private Limited (‘the Aggregator’) , as and when he becomes aware of such information.
4. The driver or his/her principal or the Vendor shall provide the transport Service to the Customers in a professional, safe, timely courteous and effectivemanner.
5. The driver or his/her principal or the Vendor shall ensure that the registration documents, insurance papers, permits and all licenses required under the lawforthe Vehicle(s) shall be updated and kept onboard the vehicle at all times to be verified by traffic and other authorities and copies of the same shall be uploaded on AKT City Vehicle Aggregator Private Limited’s portal from time to time. The driver shall also ensure that he/she is in possession of his/her valid and updated driver’s license and other identity document(s) while providing transport service or while using the vehicle.
6. The driver or his/her principal or the Vendor shall not engage, assist or be an accomplice in any unlawful or illegal activity whileperforming the transport Services or while using the vehicle. In such an event, the main agreement between AKT City Vehicle Aggregator Private Limited (‘the Aggregator’) and the vendor and the subsidiary agreement between AKT City (‘the Aggregator’) and the driver will be deemed to come to an end.
7. The driver or his/her principal or the Vendor shall not allow unauthorized persons or minors todrive the Vehicle(s) while providing the transport services.In the event such an act is reported, AKT City Vehicle Aggregator Private Limited(‘the Aggregator’) reserves the right to take any action at its sole discretion for any violationby the driver or his/her principal or the Vendor, which may extend to but not limited totermination of the main and subsidiary agreementand/or taking of the legal action.
8. The driver or his/her principal or the Vendor shall ensure the safety and security of theuser/customers/passengers/rider(s) and that of the vehicle at all times.
  The driver or his/her principal or the Vendor shall immediately bring to the notice of AKT City Vehicle Aggregator Private Limited(‘the Aggregator’) any incident while provision of the transport service(s), including but not limited to any accidents or damage to life or property.
9. The driver or his/her principal or the Vendor agrees that any breach of the Subsidiary Agreement is likely to cause substantial and irreparable damage to AKT City Vehicle Aggregator Private Limited’s business and reputation. In such an event AKT City Vehicle Aggregator Private Limited (‘the Aggregator’) shall have all legal remedies against the driver and the transport service provider including the right to specific performance and injunctive relief.
10. The driver and the transport service provider shall comply with all the insurance requirements under the law including the insurance requirement for the safety of customers/passengers and third-party insurance of Vehicles and uninvolved persons. AKT City Vehicle Aggregator Private Limited (‘the Aggregator’) shall not be liable for any insurance with respect to either the vehicle or any civil or criminal liability arising out of any incidents or accidents.
11. The driver or his/her principal or the Vendor shall ensure that theyshall not using the Device for any purpose other than forproviding transport Service(s) and shall ensure that the device(s) are not busy for long periods or are unavailable or switched off while they are performing the transport services or using the vehicle.
12. The Driver shall not use his mobile phone or access interactive content on the AKT City Vehicle Aggregator Private Limited Portal or act in a manner prohibited under law while driving the Vehicle, the only exception being the use of any navigation map that helps provide efficient transport service(s).The Driver shall not take any personal calls except in the event of an emergency, without prejudicing the safety of the Vehicle and the Customer. Driver shall take all calls from the Customer and AKT CITY Vehicle Aggregator Private Limited (‘the Aggregator’) only after stopping the Vehicle at an appropriate location to take the call, without being a hindrance to the traffic around him or without violating any traffic rules.
13. On allotment of a Booking in response to a Service Request, the Driver shall ensure thatthe Vehicle arrives on the pick-up time and in case of delay notify both AKT City Vehicle Aggregator Private Limited(‘the Aggregator’) and the concerned customer. In case of an inordinate delay due to issues like adverse weather conditions, traffic disruptions and diversions, strikes, curfews, bandhs, civil and political disturbances the driver may cancel the booking and intimate both the customer as well as AKT City Vehicle Aggregator Private Limited (‘the Aggregator’) providing the reason(s) for cancellation.Any cancellation of the allotted Booking is prohibited except in exceptional circumstances based on a justifiable explanation provided by the Driver.
14. The Driver shall ensure that the Customer/passenger(s)/rider(s) pays the Total Ride Fee including AKT City Vehicle Aggregator Private Limited’s service facilitation fee (conveyance fee), Goods and Services Tax on base fare (“at applicable rate, currently the rate being @5%”), Goods and Services Tax on Conveyance fee (“at applicable rate, currently the rate being @18%”),Income Tax TDS, other fee, levy, and surcharge payable under the Laws. In the event, that the Customer/ passenger(s)/ rider(s) pays by cash for the Services to the driver, the driver shall hand over the entire cash proceeds to the Transport ServiceProvider (Vendor)who shall ensure that AKT City Vehicle Aggregator Private Limited receives its conveyance fee/platform fee/online service fee(20% of conveyance fee on the base fare of cab or 15 % of conveyance fee on the base fare of auto), Goods and Services tax on its conveyance fee/platform fee/online service fee as well as Goods and Services Tax on actual transport service provided, before the next login on that day after 12 hours of login (when the login automatically expires) or the next day or collection of Rs. 750 in the case of auto and Rs 1900 in the case of cab[that includes the conveyance fee/platform fee/online service fee of the Aggregator collected from the users, the Goods and Services tax collected from users on the conveyance fee/platform fee/online service fee as well as the Goods and Services tax collected from the users on actual transport service provided] whichever is earlier. The amount of Rs. 750 in the case of auto and Rs 1900 in the case of cab or any lower amount collected on automatic expiry of login shall be deposited to the Aggregator’s account the same day or thesubsequent day via IMPS/NEFT/RTGS/other immediate online payment method or cash or as per instruction of the Aggregator.
15. The Driver shall have a functioning mobile number and also have the ability to read and understand the textmessages sent by AKT City Vehicle Aggregator Private Limited (‘the Aggregator’), regarding the Customer details and to convey Customer feedback.
16. In the event any Customer leaves his/her property in the Vehicle, the same shall not bestolen, pilfered or tampered with by the Driver and shall be reported immediately to the Transport Service Provideras well asto AKT City Vehicle Aggregator Private Limited (‘the Aggregator’). In the event the Driver steals, pilfers or tampers with the property of the Customer, driver or his/her principal or the Vendor shall be solely liable for any damages claimed by the Customer and AKT City Vehicle Aggregator Private Limited(‘the Aggregator’) may at its solediscretion terminate the Driver’s registration and disable the Driver’s access to the Portal. AKT CITY Vehicle Aggregator Private Limited (‘the Aggregator’) shall in no event be liable for loss of or damage caused to the property of the Customer.
17. The Driver hereby acknowledges and agrees that AKT City Vehicle Aggregator Private Limited(‘the Aggregator’) shall alone be responsible for settlingany payment-related issues between Customer and the driver or his/her principal or the Vendor. In case of any conflict, the Drivershall seek instructions from AKT City Vehicle Aggregator Private Limited. The Driver agrees that the decision taken by AKT City Vehicle Aggregator Private Limited(‘the Aggregator’) shall befinal and binding on the Driver in the aforesaid case.
18. The Driver shall make himself/ herself available for such trainings as AKT City Vehicle Aggregator Private Limited(‘the Aggregator’) may berequired to organize pursuant to Applicable Law or as AKT City Vehicle Aggregator Private Limited(‘the Aggregator’) may deem necessary from time totime.
19. While providing the transport services, the Vehicle shall be the sole responsibility of the Driver(s)and that shall include responsibility for any loss or damage to the vehicle. AKT City Vehicle Aggregator Private Limited (‘the Aggregator’) shall not be responsible for any loss or damage to the vehicle under any circumstances.
20. The Driver shall not drive rashly, shall follow traffic regulations and all Applicable Lawsduring the performance of the Services, wear a seat belt, not consume liquor / cigarette / bidi, orany other kind of intoxicant while performing the Service/(s).
21. In case of cancellation of the booking by the customer or subsequent refusal to board the vehicle, the Driver shallimmediately inform the Service Provider as well AKT City Vehicle Aggregator Private Limited(‘the Aggregator’) providing the details of cancellation or refusal. In case of non-compliance, the driver agrees that his inaction may lead to a deduction inthe form of withholding of part or whole of the Driver Proceeds.
22. The Driver agrees that the costs associated with the maintenance of the Vehicle shall beborne by the Driver and/or the Transport Service Provider. AKT City Vehicle Aggregator Private Limited (‘the Aggregator’) shall never be responsible for any maintenance of the vehicle.
23. The Driver and/or the Transport Service Provider shall be solely responsible for:
  1. any failure to complete a Service Request that was accepted by the driver;
  2. any failure to pick up the user /customer(s) at the allotted time and/or place as per the booking;
  3. any act or omission on the part of the Driver(s) including rash or negligent driving,verbal or physical assault of the user/customer(s)/passenger(s)/rider(s) or harassment of any nature to them;
  4. any violation or non-adherence to the Applicable Law by the driver;
  5. any nuisance or damage caused to the property of AKT City Vehicle Aggregator Private Limited(‘the Aggregator’) by the Driver;
  6. any misbehaviorwith AKT City Vehicle Aggregator Private Limited(‘the Aggregator’) representatives; including using abusive language,causing physical harm and making indecent gestures to AKT City Vehicle Aggregator Private Limited’s staff;
  7. any physical and/or mortal danger caused to the Customers whilst using or in connectionwith the Transport Service;
  8. any delay of more than 10 (ten) minutes caused to the Customer(s);and
  9. charging excess Total Fee from the Customer or charging the Customer more than what isdisplayed on the AMO app.
24. The Driver, shall not either directly or indirectly:
  1. engage in any conduct that damages the reputation or causes inconveyance in anymanner, to AKT City Vehicle Aggregator Private Limited (‘the Aggregator’); or
  2. be the reason for AKT City Vehicle Aggregator Private Limited(‘the Aggregator’) to be a part of any negative publicity.
25. The Driver and/or the principalor the Vendor hereby agrees that any complaint(s) by the user/customers regarding the Vehicle orDriver will be considered to be a breach of the obligations by the Driver hereunder, for whichAKT City Vehicle Aggregator Private Limited(‘the Aggregator’) shall not be responsible in any manner. If there is any serious complaint regarding anyparticular Vehicle and/or its Driver, AKT City Vehicle Aggregator Private Limited(‘the Aggregator’) may, in its sole discretion, immediately terminate theAccount of such Driver, by providing a written notice to Driver and/or the Service Provider.
26. Driver and/or the service provider or the Vendor shall maintain all relevant books, records and accounts relating to the transport Servicesprovided and payments collected. By providing reasonable notice, AKT City Vehicle Aggregator Private Limited(‘the Aggregator’) may audit, or mayappoint a qualified independent auditor to audit the books and records of the Transport Service Provider (‘the Vendor’) and the driver to verify theaccuracy of the amount of payments collected by the Driver. If such an audit reveals anydiscrepancies with respect to the payment collected and submitted to AKT City Vehicle Aggregator Private Limited (‘the Aggregator’), then in addition to AKT City Vehicle Aggregator Private Limited(‘the Aggregator’) retaining the right to exercise other remedies, may require the Driver and or the Transport Service provider to promptly pay AKT City Vehicle Aggregator Private Limited(‘the Aggregator’) anamount equal to the discrepancy and may ask for an additional amount as fine from the Driver and or the Transport Service Provider.
  The audits will be conducted at AKT City Vehicle Aggregator Private Limited’s expense; provided, however, that if the audit reveals anunderpayment by the Driver with respect to the collection and submission of payments to AKT City Vehicle Aggregator Private Limited(‘the Aggregator’) inexcess of 5% (five percent), then Driver and or the Transport Service provider, in addition to payment obligations described above, willpromptly reimburse AKT City Vehicle Aggregator Private Limited(‘the Aggregator’) for all reasonable, third party audit fees.
27. AKT City Vehicle Aggregator Private Limited (‘the Aggregator’) may require the Driver to affix AMO brand including but not limited to its logo/sticker on the Vehicle. In such event, the driver and or the Transport Service provider shall extend all necessary support and assistance toAKT City Vehicle Aggregator Private Limited(‘the Aggregator’) for affixing AMO brand on the Vehicle. It is hereby clarified that the driver will not be entitledfor any additional payments for the AMOlogo/sticker being affixed on the Vehicle. However, the driver and/or the transport service provider shall remove the AMO logo or sticker from the vehicle once the agreement comes to an end or is deemed to be terminated.
DEVICE
For providing services as per this agreement, there shall be only one device, and that device must be provided by the Transport Service Provider on his vehicle to his authorized driver.
1. (i) For registration on the AMO Apps, or other Apps (if required), the device of such model and functionality may be specified and notified by AKT City Vehicle Aggregator Private Limited (‘the Aggregator’) to the Transport Service Provider (Vendor). The Driver hereby agrees that the Device shall be switched on and kept switched on during the performance of the actual Transport Service compulsorily without any excuses or exceptions.
2. The Driver or the Vendor-Driver or his principal or the Transport Service Provider (‘the Vendor’) shall not use the Device for any illegal or unlawful purposes and shall use the Device solely in accordance with the terms of this Agreement and the main agreement. The Driver and his/her Transport Service Provider (‘the vendor’) shall solely and exclusively be responsible and liable for any violations of law committed by the Driver and his/her Transport Service Provider as well as any misuse of the Device including misuse of the Sim card used in the Device; AKT City Vehicle Aggregator Private Limited (‘the Aggregator’) shall in no way be liable for any punishments or penalties under the law for such violations.
3. In the event of the AMO Apps not functioning properly on the Device, the Driver or his principal or the Transport Service Provider (‘the Vendor’) shall at the earliest deposit the Device only at AKT City Vehicle Aggregator Private Limited’s designated offices for troubleshooting of malfunctions with the AMO Apps and for improving the compatibility of the Device with the AMO Apps.
4. (iv) In the event of the Device being damaged or destroyed and irreparable due to any act or negligence of the Driver or his principal or the Transport Service Provider (‘the Vendor’) or any other person, the Driver or the Vendor shall at their own cost purchase a new device and at the earliest approach AKT City Vehicle Aggregator Private Limited’s designated offices with the new Device for installation of the AMO App on the new Device. In this connection, AKT City Vehicle Aggregator Private Limited will charge such fees as determined and notified by AKT City Vehicle Aggregator Private Limited and its officers for re-installation of the AMO App in the new Device. In the event the Transport Service Provider (‘the Vendor’) is unable to bring a new Device, AKT City Vehicle Aggregator Private Limited will be entitled to terminate this Agreement with immediate effect and no liability whatsoever.
5. (v) AKT City Vehicle Aggregator Private Limited (‘the Aggregator’) shall assist the Transport Service Provider (‘the Vendor’) in installing the AMO Apps and other programs including but not limited to software, applications, and content, as may be solely determined by AKT City Vehicle Aggregator Private Limited (‘the Aggregator’), and may train the Transport Service Provider (‘the Vendor’) to use the Device(s) and for such training AKT City Vehicle Aggregator Private Limited (‘the Aggregator’) may charge a service fee determined and notified by it.
6. (vi) The Driver or his principal or the Transport Service Provider (‘the Vendor’) shall not use the Device(s) for any illegal or unlawful purposes and instruct the drivers not to watch/ play/download any pornographic or pedophilic or homophobic or religiously inciting content on the Device and shall use the Device(s) solely for purposes determined by AKT City Vehicle Aggregator Private Limited (‘the Aggregator’) and strictly in accordance with this Agreement and the main agreement. The Transport Service Provider (vendor) and his agents including the drivers shall solely be responsible and liable for any violations of law committed by the Transport Service Provider (vendor) or his agents. The Aggregator shall in no way be liable for any compensation/reimburesements to be paid either to the Driver or his principal or the Transport Service Provider (‘the Vendor’).
7. (vii) The Driver or his principal or the Transport Service Provider (‘the Vendor’) shall inform AKT City Vehicle Aggregator Private Limited (‘the Aggregator’) in case of theft of the devices and shall also register an FIR at the nearest Police Station.
8. (viii) The Driver or his principal or the Transport Service Provider (‘the Vendor’) shall not create any lien, pledge, encumbrances, other third-party security interests or charges in any manner on the Device(s).
CONTENTS POSTED ON AKT City Vehicle Aggregator Private Limited PORTAL / AMO DRIVER APP
1. All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, computer code, computer programs and computer applications (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, look and feel and arrangement of such Content, contained on the AKT City Vehicle Aggregator Private Limited Portal / AMO Apps is owned, controlled or licensed by or to AKT City Vehicle Aggregator Private Limited (‘the Aggregator’) and is protected under the Applicable Law.
2. Except as expressly provided in this subsidiary agreement, The Driver or his principal or the Transport Service Provider (‘the Vendor’) shall not:
  1. Copy, reproduce, modify, damage, disassemble, decompile, reverse engineer or create derivative works including, without limitation, translations, transformations, adaptations or other recast or altered versions) from the AKT City Vehicle Aggregator Private Limited Portal / AMO Apps, or any portion thereof;
  2. Breach, disable, tamper with, or develop or use (or attempt) any workaround for any security or other measures provided in the AKT City Vehicle Aggregator Private Limited Portal /AMO Apps;
  3. Send spam or otherwise duplicative or unsolicited messages in violation of applicable laws, send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortuous material, including material harmful to children or violative of third-party privacy rights;
  4. Store or disseminate material containing software viruses, malwares, worms, trojan horses or other harmful computer code, files, scripts, agents or programs;
  5. Use the AKT City Vehicle Aggregator Private Limited Portal / AMO Apps in a way that infringes or misappropriates AKT City Vehicle Aggregator Private Limited’s and/or any third party’s intellectual property rights or personal rights;
  6. Use any device, software, or routine to interfere or attempt to interfere with the proper functioning of the AKT City Vehicle Aggregator Private Limited Portal / AMO Apps or any activities conducted on the AKT City Vehicle Aggregator Private Limited’s servers;
  7. Copy, share, sell, sub-license or assign the AKT City Vehicle Aggregator Private LimitedPortal / AMO Apps, and its rights under this agreement, without the prior written consent of AKT City Vehicle Aggregator Private Limited;
  8. Distribute, disclose or allow use of the AKT City Vehicle Aggregator Private LimitedPortal / AMO Apps by any third party in anyformat, through any timesharing service, service bureau, network or by any other means; or
  9. Merge or combine the AKT City Vehicle Aggregator Private LimitedPortal / AMO Apps with any other technology not provided by AKT City Vehicle Aggregator Private Limited.
3. The Driver or his principal or the Transport Service Provider (‘the Vendor’) may use information on the AKT City Vehicle Aggregator Private Limited Portal / AMO Apps purposely made available by AKT City Vehicle Aggregator Private Limited for downloading from the Portal / Apps, provided that they-
  1. shall not remove or modify any proprietary language or its contents in all copies of such documents; or
  2. use such information only for the purpose of the main and subsidiary agreement and shall not copy or post such information on any networked computer or broadcast it in any media; or
  3. shall not make any modifications to any information related to or connected to the main and subsidiary agreement; or
  4. shall not make any additional representations or warranties relating to the main and this subsidiary agreement.
4. The Driver or his principal or the Transport Service Provider (‘the Vendor’) may use information on the AKT City Vehicle Aggregator Private Limited Portal / AMO Apps purposely made available by AKT City Vehicle Aggregator Private Limited for downloading from the Portal / Apps, provided that they-
  Posted Content will become AKT City Vehicle Aggregator Private Limited’s property and AKT City Vehicle Aggregator Private Limited (‘the Aggregator’) is granted the worldwide, perpetual andtransferable rights in such Posted Content except when it is illegal or unlawful under the laws. AKT City Vehicle Aggregator Private Limited(‘the Aggregator’) shall be entitled to, use the Posted Content orany of its elements for any type of use forever, including but not limited to promotional andadvertising purposes and in any media whether now known or hereafter devised, including thecreation of derivative works that may include Posted Content.
  The Driver or his principal or the Transport Service Provider (‘the Vendor’) agrees that any Posted Contentmay be used by AKT City Vehicle Aggregator Private Limited(‘the Aggregator’) in the manner that AKT City Vehicle Aggregator Private Limited(‘the Aggregator’) deems fit, consistent with Applicable Laws and the driver and the Transport Service provider shall not be entitled to any consideration or any compensation for such use of Posted Content byAKT City Vehicle Aggregator Private Limited.
  The Driver or his principal or the Transport Service Provider (‘the Vendor’) hereby represent and warrant that they have necessary rights to all the PostedContent and information and are authorized to provide such Posted Content andinformation for the Portal. Notwithstanding anything contained in this Section, the The Driver or his principal or the Transport Service Provider (‘the Vendor’) shall besolely responsible for any liability arising out of the Posted Content on the Portal.
AKT City Vehicle Aggregator Private Limited’S RESERVED RIGHTS
AKT City Vehicle Aggregator Private Limited may, upon notice to the Driver or on the driver’s request, delist or remove the Information pertaining to the Driver from the AKT City Vehicle Aggregator Private Limited Portal / AMO Apps.
PRIVACY TERMS
1. 8.1 The Driver or his principal or the Transport Service Provider (‘the Vendor’) consent to the access, storage, processing, correction and erasure of their information including sensitive information in accordance with the Information Technology Act, 2000 and the Rules made there under as well as Digital Personal Data Protection Act, 2023 and the rules (to be made) thereunder.
2. 8.2 Notwithstanding the above clause, AKT City Vehicle Aggregator Private Limited (‘the Aggregator’) shall be entitled to disclose information pertaining to the drivers and the service providers only to government bodiesor to any third party that has been awarded a judgement by the Court; and shall be subject to Information Technology Act, 2000 and the Rules made there under as well as Digital Personal Data Protection Act, 2023 and the rules (to be made) thereunder.
DRIVER REPRESENTATIONS AND WARRANTIES
1. In addition to the representations and warranties of the transport service provider in the main agreement, the driver represents and warrants the following:
  1. The driver is eligible under law for registration on the AKT City Vehicle Aggregator Private LimitedPortal / AMO Apps and creation of an Account in terms of this agreement.
  2. The driver has all requisite power and authority (delegated by the transport service provider) to, deliver and perform the obligations imposed under this agreement;
  3. The driver undertakes that the execution and performance of the obligations under this agreement does not and will not violate any provision of any existing agreement, law, rule, regulation, any order or judicial pronouncementto which the driver is a party;
  4. The driver has the legal and rightful possession of the vehicle either under ownership or under a contract for service or contract of service with the owner of the vehicle and also has the requisite authority or assignment to drive the Vehicle and there are no limitations or restrictions with respect to the use of the Vehicle to perform the Transport Services under this agreement;
  5. The driver has all the rights, licenses and permits as required under the Law to legally drive the vehicle and to perform the transport Service in accordance with this agreement. The Driver hereby undertakes that he shall maintain and continue to maintain all local licenses,permits, approvals and consents in respect of the Vehicle. The driver shall be responsible and liable for any violation of any law, rule or regulation in the performance of his/her obligations under this agreement.
  6. The driver maintains that he/she has not been convicted by any court in India or any other country of any crimes including but not limited to involving moral turpitude. Further, the driver has not been a party to any pending litigation which shall materially affect their obligations under this agreement.
2. The driver undertake that, at all times during the Term, he/she will:
  1. abide by this agreement, Zero Tolerance Policy and the AKT City Vehicle Aggregator Private Limited Policies, as may be madeapplicable to them from time to time;
  2. perform the Transport Service/(s) in accordance with this agreement and all Applicable Laws;
  3. be solely responsible for complying with AKT City Vehicle Aggregator Private Limited Policies and adopt appropriate processes to prevent offering any illegal gratification in the form of bribes or gifts either in cash or in kind in the course of all dealings with AKT City Vehicle Aggregator Private Limited(‘the Aggregator’) or the user/customer or any other third parties.
DISCLAIMER
1. The Driver or his principal or the Transport Service Provider (‘the Vendor’) understands and acknowledges that AKT City Vehicle Aggregator Private Limited (‘the Aggregator’) disclaims and shall disclaim all representations and warranties to the Customer, of any kind, whether express or implied as to condition, suitability, quality, merchantability and fitness for any purposes in respect of any andall Vehicles of the Driver that are used by the Customers as a part of the Services and Services offered by the Driver through the Portal.
2. AKT City Vehicle Aggregator Private Limited(‘the Aggregator’) does not warrant that the driver will be able to use the AKT City Vehicle Aggregator Private Limited Portal / AMO Apps and/ or will be able to provide the online Service/(s) at all times or locations on the AKT City Vehicle Aggregator Private Limited Portal or that the AMO Apps and the Services provided through the AKT City Vehicle Aggregator Private Limited Portal / AMO Apps will be uninterrupted or error-free or that the defects will be capable of being corrected by AKT City Vehicle Aggregator Private Limited (‘the Aggregator’) on a timely fashion.
3. AKT City Vehicle Aggregator Private Limited’s Portal, and all other technology developed and installed on the Device by AKT City Vehicle Aggregator Private Limited (‘the Aggregator’) are provided on an “AS IS” and “AS AVAILABLE” basis and AKT City Vehicle Aggregator Private Limited (‘the Aggregator’) specifically disclaims all warranties and indemnities, express, implied or statutory, including without limitation any warranty of suitability or fitness for a particular purpose, accuracy, completeness, or any other warranty arising from the course of performance or course of dealing.
4. AKT City Vehicle Aggregator Private Limited (‘the Aggregator’) also does not provide any warranties as regards to the compatibility of AKT City Vehicle Aggregator Private Limited’s Portal, AMO Driver App or any other installed technology with the Device of the Driver and the results as well as performance of the AKT City Vehicle Aggregator Private Limited Portal / AMO Driver App may vary depending on the model of the Device.
CONFIDENTIALITY
1. The Driver or his principal or the Transport Service Provider (‘the Vendor’) acknowledges that pursuant to the main agreement and this agreement, they will have access to confidentialinformation of AKT City Vehicle Aggregator Private Limited (‘the Aggregator’) which has been provided to them by AKT City Vehicle Aggregator Private Limited(‘the Aggregator’). The Driver or his principal or the Transport Service Provider (‘the Vendor’) undertake to keep confidential all data and other confidential information of AKT City Vehicle Aggregator Private Limited and shall not share, sell or otherwise make that information available to any third parties.
2. Except as otherwise agreed, the data of Customers will be the exclusive property of AKT City Vehicle Aggregator Private Limited(‘the Aggregator’),and the Driver or his principal or the Transport Service Provider (‘the Vendor’) shall not use the same for their own purpose or distribute such data in any form or meansexcept for the purpose of this agreement and shall keep it confidential at all times.
  Confidential information includes but is not limited to Customer details, market information, all work products and documents related thereto, the contents of the AKT City Vehicle Aggregator Private Limited Portal, AMO Apps or any other information which is treated as confidential by AKT City Vehicle Aggregator Private Limited(‘the Aggregator’), and any otherinformation, whether communicated orally or in writing, received or to be received by the driver and the transport service provider which is agreed to be treated as confidential, whether expressed or implied.
INDEMNIFICATION AND LIMITATION OF LIABILITY
1. The Driver or his principal or the Transport Service Provider (‘the Vendor’) agree and undertake to indemnify and to hold harmless AKT City Vehicle Aggregator Private Limited (‘the Aggregator’), successors,agents, assigns, and each of their directors, officers, employees, associates, agents, andrepresentatives from and against any losses, damages, liability, claims, costs, penalty andexpenses (including, without limitation, reasonable legal fees) incurred by reason of
  1. anybreach or alleged breach by the driver and/or the transport service provider of their obligations, performance or observance of their role,functions, responsibilities, representations, or warranties under the main and subsidiary agreement;
  2. any violationof AKT City Vehicle Aggregator Private Limited’s Policies or any other policies provided by AKT City Vehicle Aggregator Private Limited (‘the Aggregator’),
  3. any harm to the reputation andgoodwill of AKT City Vehicle Aggregator Private Limited (‘the Aggregator’);
  4. any claim of violation of intellectual property of a third party by Driver’susage of AKT City Vehicle Aggregator Private Limited’s intellectual property in a manner not permitted under the main and subsidiary agreement;
  5. Driver’s misconduct or unauthorized access to data on the Portal or permitting in any way by theDriver the transfer of such data to the competitors of AKT City Vehicle Aggregator Private Limited(‘the Aggregator’), or its affiliates or to any third party;and
  6. fraud, negligence and misconduct of the Driver.
2. The Driver or his principal or the Transport Service Provider (‘the Vendor’) shall be liable to indemnify and hold AKT City Vehicle Aggregator Private Limited(‘the Aggregator’), harmless against all damages, losses,costs and expenses incurred by AKT City Vehicle Aggregator Private Limited(‘the Aggregator’), as a consequence of any complaint from any Customerreceived by AKT City Vehicle Aggregator Private Limited(‘the Aggregator’), with respect to defective Service/(s).
3. In addition to the indemnification rights of AKT City Vehicle Aggregator Private Limited (‘the Aggregator’)under this agreement, AKT City Vehicle Aggregator Private Limited(‘the Aggregator’)shall alsobe entitled to such other remedies available under Applicable Laws.
4. In no event will AKT City Vehicle Aggregator Private Limited(‘the Aggregator’)be liable for any losses arising from or in connection with this agreement, pursuant to any claim by the Driver against AKT City Vehicle Aggregator Private Limited(‘the Aggregator’)under contract, tort or otherwise,if such losses could have been avoided by the Driver using reasonable efforts to mitigate them.
  Further, AKT City Vehicle Aggregator Private Limited(‘the Aggregator’)shall also not be liable to the Driver in contract, tort or otherwise for indirect,special, incidental, exemplary, punitive, or consequential damages of any kind whatsoever evenif advised of the possibility of such damages.
  Notwithstanding anything contrary containedelsewhere in the Agreement, the total cumulative liability of AKT City Vehicle Aggregator Private Limited(‘the Aggregator’)to the Driver or to any personclaiming under or through it, shall not exceed INR 1000/- (Rupees One Thousand only).
5. AKT City Vehicle Aggregator Private Limited(‘the Aggregator’)shall not be responsible or liable for any loss or damage, howsoever caused orsuffered by the Driver arising out of the use of the service offered by AKT City Vehicle Aggregator Private Limited(‘the Aggregator’)to the Driver directlyor indirectly, for any reason whatsoever, including but not limited to damage or loss caused to the driver and/or the transport service provider as a result of a Customer’s non-compliance, which includes, but is not limited to, anyincorrectly placed voice instructions, malfunction, partial or total failure of any networkterminal, data processing system, computer teletransmission or telecommunications system orother circumstances whether or not beyond the control of AKT City Vehicle Aggregator Private Limited(‘the Aggregator’)or any person or any organizationinvolved in the above mentioned systems.
6. The Driver shall also be liable to AKT City Vehicle Aggregator Private Limited(‘the Aggregator’)for any losscaused to AKT City Vehicle Aggregator Private Limited(‘the Aggregator’)due to the negligence of Driver or any unlawful act or omission in theperformance of the Service.
7. Without prejudice to the above, AKT City Vehicle Aggregator Private Limited(‘the Aggregator’)shall not be liable for anydirect or indirect loss or damage, which may be suffered by the Driver as a result of any failureby a Customer to show up within any stipulated time even if AKT City Vehicle Aggregator Private Limited(‘the Aggregator’)has agreed to such timing oreven if the Customer has advised AKT City Vehicle Aggregator Private Limited(‘the Aggregator’)of the possibility that he / she may not show up within thestipulated time.
TERMINATION OF DRIVER REGISTRATION
1. The Parties to this Subsidiary Agreement shall be entitled to terminate this Agreement with aprior written notice of 7 (seven) Business Days from the Aggregator to the Driver or within the same time from to the Driver or his principal or the Transport Service Provider (‘the Vendor’) without assigning any reasonfor the termination.
2. The Parties to this Subsidiary Agreement shall be entitled to terminate this Agreement for anybreach of any obligations, representations or warranties, or any other material terms as containedin this Agreement by a Party which is not the Party proposing to terminate this Agreement atthe end of 5 (five) days from the intimation of such breach to the breaching Party, if such breachis not rectified within 5 (five) days after he/she has been informed.
3. Upon termination of this Subsidiary Agreement in the manner set out in Clause 14.1 and 14.2above, the registration of the Driver on the Portal shall stand cancelled and the Account shall beterminated and the Driver shall not be eligible to ply his Vehicle under this agreement and the main agreement. However, the Transport Service Provider (‘the Vendor’) may inform in writing to AKT City Vehicle Aggregator Private Limited (‘the Aggregator’) that the Main Agreement remain suspended till he/she/it provides another Authorised Driver to which the AKT City Vehicle Aggregator Private Limited (‘the Aggregator’) may enter into a fresh agreement or the Main Agreement might be terminated at the option of AKT City Vehicle Aggregator Private Limited (‘the Aggregator’).
4. Upon the expiry or early termination of this Subsidiary Agreement:
  1. The Driver or his principal or the Transport Service Provider (‘the Vendor’) shall pay to AKT City Vehicle Aggregator Private Limited (‘the Aggregator’) all amounts due and owing to AKT City Vehicle Aggregator Private Limited (‘the Aggregator’).
  2. AKT City Vehicle Aggregator Private Limited (‘the Aggregator’) may, at its own discretion, return the Subscription Amount (if any) with such deductions asmay be required to be made for the amounts and penalties/ Suspect Charges due to be paid by theDriver to AKT City Vehicle Aggregator Private Limited under this agreement.
  3. On the termination of the Driver’s registration, AKT City Vehicle Aggregator Private Limited (‘the Aggregator’) will settle the Proceeds of the Driver or his principal or the Transport Service Provider (‘the Vendor’)which havebecome due on account of the Service to the Customers/Users through the Portal and for otheractivities agreed under the Agreements, prior to the date of termination.
  4. The Driver or his principal or the Transport Service Provider (‘the Vendor’) shall promptly return to AKT City Vehicle Aggregator Private Limited (‘the Aggregator’)all property and materials including confidential information and materials, furnished to it by AKT City Vehicle Aggregator Private Limited (‘the Aggregator’)pursuant to these This agreement and/or the Main Agreement between the Parties. Where theconfidential information cannot be returned in material form, the Party shall destroy the otherParty’s confidential information. v. The Parties shall cease acting in a manner that would imply a continuing relationshipbetween the Parties and shall cease all marketing and other activities contemplated under thesethis agreement and/or the Main Agreement. In connection with the marketing activities, ontermination or expiration of the Main Agreement along with This agreement, the Drivershall ensure that AKT City Vehicle Aggregator Private Limited (‘the Aggregator’) branding affixed / displayed on the Vehicle (as directed by AKT City Vehicle Aggregator Private Limited (‘the Aggregator’) and mutually agreed between the Parties),if any, shall be immediately removed. If the Driveror his principal or the Transport Service Provider is unable to remove the branding himself/herself the Driver or his principal or the Transport Service Provider shall promptly approach AKT City Vehicle Aggregator Private Limited (‘the Aggregator’) nearest office for removal of the branding. AKT City Vehicle Aggregator Private Limited (‘the Aggregator’) disclaimsall liabilities, whether civil, criminal, tortious, or otherwise, that may accrue as a consequence ofcontinued use of any branding by the Driveror his principal or the Transport Service Provider after expiry or termination of the MainAgreement and This agreement.
  5. Clauses 6 (Contents Posted on Mobile Application), 8 (Privacy Terms), 10 (Disclaimer),11 (Confidentiality), 12 (Indemnification and Limitation of Liability), 13 (Termination of DriverRegistration) and 14 (Dispute Resolution, Governing Law and Jurisdiction) shall survive theexpiry/termination of these This agreement in accordance with their terms.
  6. Expiry or earlier termination of this Agreement will not prejudice any rights of the Partiesthat may have accrued prior to expiry or termination.
  7. Without prejudice to the foregoing, the termination of Your registration pursuant to any ofthe provisions contained herein above shall not limit or otherwise affect any other remedy(including a claim for damages), which AKT City Vehicle Aggregator Private Limited may have, arising out of the event which gave riseto the right of termination.
5. Clauses 6 (Contents Posted on Mobile Application), 8 (Privacy Terms), 10 (Disclaimer),11 (Confidentiality), 12 (Indemnification and Limitation of Liability), 13 (Termination of DriverRegistration) and 14 (Dispute Resolution, Governing Law and Jurisdiction) shall survive theexpiry/termination of these This agreement in accordance with their terms.
6. Expiry or earlier termination of this Agreement will not prejudice any rights of the Partiesthat may have accrued prior to expiry or termination.
7. Without prejudice to the foregoing, the termination of Your registration pursuant to any ofthe provisions contained herein above shall not limit or otherwise affect any other remedy(including a claim for damages), which AKT City Vehicle Aggregator Private Limited may have, arising out of the event which gave riseto the right of termination.
DISPUTE RESOLUTION, GOVERNING LAW AND JURISDICTION
1. If any dispute arises between the driver and/or the transport service provider and AKT City Vehicle Aggregator Private Limited, in connection with, or arising out of, this subsidiary agreement, the dispute shall be referred to arbitration under the Arbitration and ConciliationAct, 1996 (India) to be adjudicated by a sole arbitrator to be appointed by AKT City Vehicle Aggregator Private Limited.
2. Arbitrationshall be held in Port Blair, Andaman & Nicobar Islands. The proceedings of arbitration shall be in the English language. Thearbitrator’s award shall be final and binding on the Parties.
3. This agreement shall be governed by and construed in accordance with the laws ofIndia.
4. Subject to clause 14.1, the courts in Port Blair, Andaman & Nicobarislands shall have exclusive jurisdiction inconnection with this Agreement and Main Agreement.
5. In addition to the above remedies, AKT City Vehicle Aggregator Private Limited shall be entitled to an interim injunction, restrainingorder or such other equitable relief as a court of competent jurisdiction may deem necessary orappropriate to restrain the driver and/or the transport service provider from committing any violation of their covenants and obligations.These injunctive remedies are cumulative and are in addition to any other rights and remedies AKT City Vehicle Aggregator Private Limitedmay have at law or in equity.
MISCELLANEOUS
1. Entire Agreement:
  The Parties hereby agree that the terms of the Main Agreement, its Annexures andExhibitsand this Subsidiary Agreement shall constitute theentire agreement between them and shall supersede and override all previous communications,either oral or written, between the parties with respect to the subject matter of this Agreement. Inthe event of any contradiction or inconsistency between the Subsidiary Agreement and any otheragreement executed between the parties, the terms of the Subsidiary Agreement shall be read harmoniously withthe Main Agreement.
2. Independent Contractor Status:
  The relationship created by the Subsidiary Agreement is that ofindependent contractors, and not partners, franchisees or joint ventures. No employees,consultants, sub-contractors or agents of one party is or will be deemed to be employees,consultants, contractors or agents of the other party, nor do they have any authority to bind theother party by contract or otherwise to any obligation, except as expressly set forth herein. TheDriver shall not be deemed for any purpose to be an employee of AKT City Vehicle Aggregator Private Limited (“the Aggregator”) or any of its Affiliates.
  AKT City Vehicle Aggregator Private Limited (“the Aggregator”) shall not be responsible to the Driver or any governing body for any payroll-related taxesrelated to the performance of Services hereunder, including but not limited to, withholding orother taxes related to central or state income tax, social security benefits or unemploymentcompensation.
3. Assignment:
  Neither the Subsidiary Agreement nor any of the rights, interests or obligationshereunder shall be assigned by the Driver including the Vendor-driver to any third party, without the prior written consent of AKT City Vehicle Aggregator Private Limited (“the Aggregator”). AKT City Vehicle Aggregator Private Limited (“the Aggregator”) may, at its sole discretion, assign the rights, interests or obligations hereunder to anyperson whosoever.
4. Force Majeure:
  Any delay in or failure to perform any obligations by either party underthe Subsidiary Agreement shall not constitute default hereunder if and to the extent caused by forcemajeure, which is defined to be occurrences beyond the reasonable control of such Partycommitting default, including and limited to acts of the government authorities, acts of God, fire,flood, explosion, riots, war, rebellion, insurrection (“Force Majeure”). Provided, however, the Transport Service Provider (“the Vendor”)shall give prompt written notice within a period of 7 (seven) days from the date of the forcemajeure occurrence to AKT City Vehicle Aggregator Private Limited (“the Aggregator”). The Transport Service Provider (“the Vendor”) shall use all reasonable efforts to avoid or remove such causeof non-performance and shall continue performance hereunder whenever such causes of forcemajeure are removed. In the event the Force Majeure event continues for a period of 7 (seven)days from the date on which AKT City Vehicle Aggregator Private Limited (“the Aggregator”) receives the notice from the Transport Service Provider (“the Vendor”) as above, AKT City Vehicle Aggregator Private Limited (“the Aggregator”) shall have theright to terminate the Subsidiary Agreement.
5. Notices:
  Any notices, requests and other communications required or permitted hereundershall be in writing and may be sent by any of the following means to the receiving Party at therelevant addresses set forth in this Subsidiary Agreement:
  1. By electronic mail.
    For the purposes of this sub-clause the Parties’ electronic mail addresses shall be the following,unless otherwise intimated by the Parties to each other, AKT City Vehicle Aggregator Private Limited (“the Aggregator”): aktcity2022@gmail.com; Transport Service Provider(“the Vendor”): As provided during attachment.
  2. By SMS sent to mobile number at:
    AKT City Vehicle Aggregator Private Limited (“the Aggregator”): Not Applicable; Transport Service Provider (“the Vendor”): As provided during attachment.
  3. By hand, against a written acknowledgement of receipt by the receiving Party.
    AKT City Vehicle Aggregator Private Limited (“the Aggregator”) No. 04 JJ Nivas, Junglighat Port Blair, South Andaman, 744103 Transport Service Provider (“the Vendor”): As provided during attachment.
  4. By registered mail. Same as mentioned in 15.5(iii) above.
    In the event the delivery of the notice is attempted to be made at all the contact addressesprovided by the party, the notice shall be deemed delivered on the third day from the date of thenotice.
6. Waiver:
  Either party may exercise a right, power or remedy at its discretion andseparately or concurrently with another right, power or remedy. No failure or delay on part ofany Party hereto exercising any right, power or privilege hereunder shall operate as a waiverthereof, nor shall any single or partial exercise of any right, power or privilege hereunderpreclude any other or further exercise thereof or the exercise of any other rights, powers orprivileges by such party.
7. Severability:
  Any provision that is prohibited or unenforceable in any jurisdiction will, asto such jurisdiction, be ineffective to the extent of such prohibition or unenforceability withoutinvalidating the remaining portions hereof or affecting the validity or enforceability of suchprovision in any other jurisdiction.
8. Amendment:
  This Agreement may be modified or amended by AKT City Vehicle Aggregator Private Limited (“the Aggregator”) at its sole andabsolute discretion.
ZERO TOLERANCE POLICY
1. Asking for tips from the User or the Customers or his/her co-travellers:
  1. The authorized driver including the Vendor-driver shall not proactively or impliedlyask for ‘tips’ from the User or the Customersor his/her co-travellers.
  2. The authorized driver including the Vendor-driver shall not hassle the User or the Customers or his/her co-travellers for small denominations or change.
2. Wasting Customer’s Time:
  1. The authorized driver including the Vendor-driver shall not stop the Vehicle for filling or re-filling fuel during the trip / journey unless it is exigent due to uncontrollable circumstances.
  2. The authorized driver including the Vendor-driver shall not make any personal stops during the trip / journey.
3. Personal hygiene:
  1. The authorized driver including the Vendor-driver shall always wear neat AKT City Vehicle Aggregator Private Limited uniform & badge during duty hour if such uniform or badge is provided by AKT City Vehicle Aggregator Private Limited (‘the Aggregator’).
  2. If no uniform is mandated by AKT City Vehicle Aggregator Private Limited (‘the Aggregator’), the authorized driver including the Vendor-driver shall wear such clothes by which any driver is easily identified.
  3. The authorized driver including the Vendor-driver shall wear clean and odourless clothes and maintain personal hygiene.
4. Customer Service:
  1. The authorized driver including the Vendor-driver shall greet Customers with secular greetings both while picking up the User or the Customers or his/her co-travellers and while dropping them at their destination.
  2. The authorized driver including the Vendor-driver shall manage the luggage (both at pick-up and drop point) and shall only seek the help of the User or the Customers or his/her co-travellers if a luggage weighs more than 30 kgs.
  3. The authorized driver including the Vendor-driver shall ensure that the vehicle’s Air Conditioning is turned ON before the User or the Customers or his/her co-travellersembarks on the Vehicle for the trip / journey.
5. Vehicle Cleanliness:
  1. The authorized driver including the Vendor-driver shall always keep the Vehicle and the dashboard clean.
  2. The authorized driver including the Vendor-driver shall make the Vehicle available for field audit to the authorized agents ofAKT City Vehicle Aggregator Private Limited (‘the Aggregator’) within 2 days’ time from any such requests made byAKT City Vehicle Aggregator Private Limited (‘the Aggregator’).
6. Disturbing Customer:
  1. The authorized driver including the Vendor-driver shall not play the radio or music or any music on the trip / journey including listening of the radio or music through any kind of earphone device.
  2. The authorized driver including the Vendor-driver shall minimize the blowing of horn in the vehicle and shall honk only when it is absolutely necessary.
  3. The authorized driver including the Vendor-driver shall not proactively engage into any type of personal conversation with the User or the Customers or his/her co-travellers and shall concentrate in driving the vehicle.
  4. The authorized driver including the Vendor-driver shall not resort to any kind of unpleasant behaviour with the User or the Customers or his/her co-travellers.
7. No Smoking/Tobacco/Pan/Masala/Food Item:
  1. The authorized driver including the Vendor-driver shall not smoke inside the Vehicleduring the trip / journey or prior to pick up. He/she shall also politely inform the User or the Customers or his/her co-travellers that smoking is prohibited on the vehicle.
  2. The authorized driver including the Vendor-driver shall not chew any pan masala or raw tobacco or chewing gum or any other food item while a ride is in progress.
8. Money / Change:
  1. The authorized driver, including the Vendor-driver, shall ensure that he has adequate money/change / small denominations/coins with him so that at all times, he is in the position to return the balance amount to the User or the Customer.
9. Use of mobile phone:
  1. The authorized driver including the Vendor-driver shall not make any fake calls or give any missed calls on the User or theCustomer’s contact number.
  2. The authorized driver including the Vendor-driver shall call the User or the Customer, informing him/her about the arrival of the Vehicle at the destination.
  3. The authorized driver including the Vendor-driver shall not make unwarranted use of the Customer contact details after the customer has been dropped at the destination or share their numbers to anyone else.
10. Routes:
  1. The authorized driver including the Vendor-driver shall be well versed with the routes or may take aid of the navigation devices.
  2. The authorized driver including the Vendor-driver shall not take any long route when there is another short route known to him or displayed on the navigation device for reaching the destination. In case, the short route is inaccessible or may cause substantial delay, the authorized driver including the Vendor-driver may seek consent of the User or the Customer informing them about the extra cost of the route.
  3. The authorized driver including the Vendor-driver shall not halt at several places during the journey due to the lack of knowledge of the routes.
11. Delay in Pick-up:
  1. The authorized driver including the Vendor-driver shall make every effort to reach the pickup point on time or before the pick-up time.
  2. The authorized driver including the Vendor-driver must informthe User or the Customer that he has reached at the pick - up point or the location and inform about the identification of the vehicle.
12. Network access:
  1. The authorized driver including the Vendor-driver shall keep his mobile ‘ON’ while he is logged into the AKT City Vehicle Aggregator Private Limited Portal or the AMO apps andshould receive every call of the User or the Customer.
  2. The authorized driver including the Vendor-driver shall not make any deliberate attempt to park the Vehicle in ‘non network’ area or make his vehicle inaccessible to the calls of the User or the Customer but should rather use hot-spots in his device.
13. Vehicle Branding:
  1. The authorized driver including the Vendor-driver shall not remove or replace the AKT City Vehicle Aggregator Private Limited or the AMO Sticker (if any) on the Vehicle till the Vehicle is active on the AKT City Vehicle Aggregator Private Limited Platform and apps.
14. Rude Behavior with Male / Female and Elderly User or Customer:
  1. The authorized driver including the Vendor-driver shall not under any circumstance argue with the User or the Customer or use abusive or swear words orcatcalls or comment upon or raise his voice or tone or behave in any other inappropriate way while talking to the User or Customer, and specifically when such User or Customer is female or Elderly, that makes them uncomfortable or will make them uncomfortable.
  2. The authorized driver including the Vendor-driver shall follow the instructions given by AKT City Vehicle Aggregator Private Limited (‘the Aggregator’).
  3. The authorized driver including the Vendor-driver shall follow the lawful and reasonable instructions given by the User or the Customer.
15. Mobile Phone Usage:
  1. The authorized driver including the Vendor-driver shall not use mobile phones (unless for emergency purposes) while driving or while on a trip / journey. The use of mobile phones is not limited to voice calls but includes video calls, SMS, MMS and downloading of anything on the mobile, except in case of calls from the representatives of AKT City Vehicle Aggregator Private Limited (‘the Aggregator’) or the Customer.
16. Reporting to AKT City Vehicle Aggregator Private Limited(‘the Aggregator’):
  1. The authorized driver including the Vendor-driver shall not lie about Vehicle’s position to the representatives of AKT City Vehicle Aggregator Private Limited (‘the Aggregator’).
  2. The authorized driver including the Vendor-driver shall not report the meter readings of the registered vehicles incorrectly/erroneously.
  3. The authorized driver including the Vendor-driver shall provide opening and closing readings of the Odometer at every log-in to AKT City Vehicle Aggregator Private Limited or whenever such reading is requested or required to be provided to AKT City Vehicle Aggregator Private Limited.
17. Rash Driving:
  1. The authorized driver including the Vendor-driver shall not exceed the speed limit of:
    1. 50 Kms per hour within the city;
    2. 60 Kms per hour on state highways; and
    3. 80 Kms per hour on National highways.
  2. If any other speed limit is prescribed for any road which is lower than the speed limits specified in (i), (ii) and (iii) above, the authorized driver including the Vendor-driver shall follow the said prescribed lower speed limits and shall not at any times exceed the prescribed limits.
  3. The authorized driver including the Vendor-driver shall not apply sudden breaks or not take sharp turn or drive speedily on bumpers or speed when the traffic lights are about to turn yellow or red, causing inconveyance to the User or the Customer.
18. Driving License (DL) and Other RTO Documentations:
  1. The authorized driver including the Vendor-driver shall mandatorily keep the Commercial Driving License and all relevant documents and papers mandated by the Regional Transport Officeincluding but not limited to theRegistration Certificate, Vehicle Permit, Fitness Certificate, T-permit (Tour range cars with Taxi registrations), PUC (Pollution under Control) Certificate, Vehicle Insurance papers, Driver’s Medical Certificate, Contract of Carriage Passenger, while on duty hours with AKT City Vehicle Aggregator Private Limited and while on a trip / journey.
19. Sleeping / Drowsing:
  1. The authorized driver including the Vendor-driver shall not sleep / drowsein the Vehicle while on a trip / journey.
20. Booking rejection/Cancellation of Booking:
  1. The authorized driver including the Vendor-driver shall not reject the booking on his own at the time of allotment under any circumstances (unless permitted by AKT City Vehicle Aggregator Private Limited).
  2. The authorized driver including the Vendor-driver shall not reject a booking from a User or a Customer, once he has accepted the duty (contract for ride via AKT City Vehicle Aggregator Private Limited portal or apps) and logged in.
  3. The authorized driver including the Vendor-driver shall not switch off his/her mobile phone under any circumstances, while logged-in to the AKT City Vehicle Aggregator Private Limited portal. (d) In case the Authorised driver or the vendor-driver cancels two bookings in a single log-in period without proper justification and valid reason, the Driver App may be blocked by AKT City Vehicle Aggregator Private Limited and unblocked only on the satisfaction of AKT City.
21. Missing luggage:
  1. The authorized driver including the Vendor-driver shall hand over the luggage or belongings or paraphernalialeft by the User or the Customer in the vehicle to the office of AKT City Vehicle Aggregator Private Limited (‘the Aggregator’).
  2. In case, any User or Customer forgets such luggage or belongings or paraphernalia in the vehicle, and comes to an early notice of the authorized driver including the Vendor-driver, he shallcall the User or the Customer and inform him that he has forgotten his belonging in the cabs, and may collect the same from the office of AKT City Vehicle Aggregator Private Limited (‘the Aggregator’).
  3. In case of any suspicious looking luggage, the authorized driver including the Vendor-driver, may report it to the nearest police station after taking advice from the representatives of AKT City Vehicle Aggregator Private Limited.
22. Device Misuse:
  1. The authorized driver including the Vendor-driver shall ensure that the Device is not be misused in any ways
23. Traffic Rules:
  1. The authorized driver including the Vendor-driver shall obey all the traffic rules and shall not violate traffic signals even in night or when the roads appear empty.
  2. The authorized driver including the Vendor-driver shall carry the Commercial Driving License, the Registration Certificate, Vehicle Permit, Fitness Certificate, T-permit (Tour range cars with Taxi registrations), PUC (Pollution under Control) Certificate, Vehicle Insurance papers, Driver’s Medical Certificate, Contract of Carriage Passenger, and all relevant documents and papers mandated by the Regional Transport Office,at all times.
  3. The authorized driver including the Vendor-driver shall wear seat belt all the time while driving and also request any User or Customer on the front seat to wear the seat belt.
24. Driver service in good faith:
  1. The authorized driver including the Vendor-driver shall follow the best and shortest possible route to reach the destination or the preferred route of the User or the Customer.
  2. The authorized driver including the Vendor-driver shall not misrepresent the User or the Customer about his preferred routeor misguide them about certain routes in order to increase the ride fare.
25. Intoxicants:
  1. The authorized driver including the Vendor-driver shall not consume/intake,alcohol / any intoxicants / drugs / narcotics or be under the influence of / any intoxicants / drugs / narcotics while logged into the AKT City Vehicle Aggregator Private Limited Portal or after 24 hours of consuming of such alcohol / any intoxicants / drugs / narcotics.
  2. In case of frequent use of alcohol / any intoxicants / drugs / narcotics, the authorized driver including the Vendor-driver shall inform AKT City Vehicle Aggregator Private Limited and seek professional help for de-addiction.
26. Discriminatory behaviour / Rude behavior/ Customer inconveyance:
  1. The authorized driver including the Vendor-driver shall not and never discriminate against any User or Customer based ongender, race, caste, creed, religion, appearance, disability or nationality.
  2. The authorized driver including the Vendor-driver shall not and never ask any User or Customer to disembark from the vehicle on duty and in the middle of a trip / journey, even if there is any misunderstanding or conflict between the Customer and the driver, unless the driver is apprehensive and believes that his safety and security and those of the vehicle might be compromised.
  3. If at any time, during the trip / journey, the Vehicle breakdowns,the authorized driver including the Vendor-driver shall call the office of the AKT City Vehicle Aggregator Private Limited and make necessary arrangements for another AKT City Vehicle Aggregator Private Limited vehicle or other vehicle for the User or the Customer to drop them to the drop location.
27. Medical Fitness / Sleep deprivation:
  The authorized driver including the Vendor-driver shall never log-in to the AKT City Vehicle Aggregator Private Limited portal or drive the vehicle if his medical conditions or sleep deprivation might affect his/ her driving and compromise with the safety and security of the passengers.
28. Unauthorized Goods or Persons:
  The authorized driver including the Vendor-driver shall not carry any unauthorized goods or persons till the completion of the ride booked by the User or the Customer.
29. Maximum Weight:
  The authorized driver including the Vendor-driver shall never load the vehicle above the manufacturer’s maximum specified weight.
30. Extra Ordinary Circumstances:
  Any instance of the behavior of the authorized driver including the Vendor-driver that directly or indirectly impacts AKT City Vehicle Aggregator Private Limited’s “Brand Image” or business of AKT City Vehicle Aggregator Private Limited (“the Aggregator”).

DEFINITIONS:

This Subsidiary Agreement means and includes the agreement entered into between AKT City Vehicle Aggregator Private Limited (‘ the Aggregator’) and the Driver or the Vendor-Driver pursuant to which the Driver or the Vendor-Driver and his/her Operator (“ the Vendor”) have agreed to provide actual transport Services or be a part of its operation .

All the defined and capitalized terms in this Agreement will have the meaning assigned to them in the main Agreement as well as this Subsidiary Agreement unless the terms have already been defined in clauses I to XV under the MAIN AGREEMENT and defined in clauses 1 to 16 under this agreement, in which case the definitions under clauses I to XV of the main agreement shall have precedence over those defined below.

“Acceptance” means affirmative action of clicking on the button/box against the words “ACCEPT & CONTINUE” provided at the end of the Main Agreement, Subsidiary Agreement and the Customer Agreement by which action, the Vendor, Driver, Customer/User consents to and unequivocally accepts the Main Agreement, Subsidiary Agreement and the Customer Agreement and any subsequent updates and modifications thereof with retrospective effect.

“Account” refers to the accounts created by AKT City Vehicle Aggregator Private Limited at its sole discretion, for the Vendor, Driver, Customer/User after acceptance by AKT City Vehicle Aggregator Private Limited.

“Applicable Laws” shall mean and include all applicable statutes, enactments, acts of the legislature or the Parliament, laws, ordinances, rules, by-laws, regulations, notifications, guidelines, policies, directions, directives and orders of any Governmental authority, tribunal, board, or a court, in India.

“AKT City Vehicle Aggregator Private Limited” shall mean AKT City Vehicle Aggregator Private Limited, a partnership firm registered under the Partnership Act 1932, and having its registered office at No.4 JJ Nivas Dean Street, Junglighat, Port Blair, South Andaman 744103, which expression shall, unless it be repugnant to the context or meaning thereof, be deemed to mean and include all its successors, affiliates and permitted assigns.

“AMO” shall mean a proprietary in-car and cloud technology platform owned and operated and powered by AKT City Vehicle Aggregator Private Limited through the AMO Vendor App, AM Customer App, AMO Driver APP and other Apps, intended to provide a fully connected interactive experience to the user or Customer for the primary purpose of Transport Services.

“AKT City Vehicle Aggregator Private Limited Policies” includes the “Privacy Policy”, Zero Tolerance Policy & such other policies (including any amendments thereof), which AKT City Vehicle Aggregator Private Limited may issue and make applicable to the Vendor and/or the Driver.

“Booking” shall mean the allotted Service Request on the AKT City Vehicle Aggregator Private Limited Portal.

“Business Day” means a day on which banks are open for business in the City of Operation.

“Cancellation Fee” shall include the fare payable by the Customer towards the cancellation of a Booking made by the user or Customer that maybe collected by the same or different Vendor or Driver and remitted to AKT City Vehicle Aggregator Private Limited on the nest ride.

“City of Operation” shall mean the city for which the Transport Service Provider /Vendor/Operator has been enlisted under this Agreement and includes the City of Operation between the Driver and AKT City Vehicle Aggregator Private Limited under the subsidiary agreement.

“Commercial Term Segment” shall mean Annexure B of the Main Agreement.

“Commission” shall include Conveyance fee received by the Driver and his Principal the Transport Service Provider (‘the Vendor’) from the Customer/User i.e Conveyance fee and other charges that maybe unilaterally imposed by the Aggregator.

“Conveyance Fee” shall mean the fee payable by the User or Customer for availing the technology services offered by AKT City Vehicle Aggregator Private Limited which shall be charged for each Service Request placed by the Customer on the AKT City Vehicle Aggregator Private Limited Portal or AMO Customer App.

“Customer” or “User” shall mean such person, who places a Service Request on the Portal or the AMO Customer App and has accepted the Customer’s Terms of Use.

“Customer’s Terms of Use” shall mean the Customer Terms and Conditions as provided in the customer agreement and on the AMO Customer App for availing the Service.

“Device” shall mean any electronic Device, as the case may be, used for the performance of the Transport provider Services.

“Driver” shall mean an individual, who has an Account with AKT City Vehicle Aggregator Private Limited and shall include the Vendor-Drivers/ Operator Drivers for purposes of compliance with the Terms and Conditions under this agreement and the subsidiary agreement.

“Driver App”/ AMO Driver App means the electronic interface on the Portal of AKT City Vehicle Aggregator Private Limited from where the Driver’s Account is accessible to the Driver. Login credentials (User ID and Password) for the Driver App shall be provided by AKT City Vehicle Aggregator Private Limited.

“Driver Proceeds” shall mean the net amount received by the Vendor-Driver/Operator or receivable by the Driver on behalf of the vendor and to be remitted to the vendor after deduction of AKT City Vehicle Aggregator Private Limited’s commission for use of AMO Portal, CGST and UTGST/SGST on AKT City Vehicle Aggregator Private Limited’s commission, CGST and UTGST/SGST on ride fare or provision of actual transport service and such other amounts under this agreement and the subsidiary agreement or notified otherwise.

“Duration” means the period commencing from the date of acceptance of the main and subsidiary agreement by the Transport Service Provider and the Driver up to the date of termination of the main and subsidiary Agreement.

“Fare” shall mean the Fare payable to the Transport Service Provider (“Vendor”) as is also reflected on the Device after completion of the Service or ride. The Driver permits AKT City Vehicle Aggregator Private Limited to review and revise the Fare as per the market conditions.

“Force Majeure” means any act of nature beyond human control like earthquake, Tsunami, Rain, Lightning, Cyclone etc.

“Information” shall mean the details furnished by the Driver at the time of signing the Subsidiary Agreement and/or otherwise during and after the Drivers registration on the AMO Driver App on the Portal and successful creation of an Account.

Main agreement means and includes the contract executed between AKT City Vehicle Aggregator Private Limited (‘the Agregator’) and the Transport Service Provider (‘the Vendor’) who is directly or indirectly providing transport services.

“Operator” shall mean a transport service provider/ Vendor who has listed himself / itself and his / its fleet of vehicles on the Portal to provide Services to the Users or Customers through the Drivers employed by the transport service provider/ Vendor.

“Operator Drivers” shall mean the Drivers employed by the Operator (“Transport Service Provider/ Vendor”) for providing Services to the Customers.

“Parties” shall mean, collectively, the Operator (“Transport Service Provider/ Vendor”), Operator Drivers and AKT City Vehicle Aggregator Private Limited and “Party” shall refer to any one of them.

“Portal” shall mean such features of the AMO mobile application or other programs, software, mobile applications including but not limited to AMO User App, AMO Vendor App and AMO Driver App, licensed to and controlled by AKT City Vehicle Aggregator Private Limited and other URLs as may be specified by AKT City Vehicle Aggregator Private Limited from time to time.

“Service” means the service of picking up a User or Customer from the pick-up point as prompted on the Device and dropping the User or Customer at the drop point entered by the User or Customer at the time of placing his / her Service Request and accepted by the Driver.

“Service Request” means a request placed by the User or Customer on the Portal to avail the Service offered by the Driver.

“Total Ride Fee” shall include the Fare, the Conveyance Fee, Additional Fee (if any) and the Cancellation Fee (if any), GST 5 % reflected on the Device and such other fee, as may be applicable.

“Vehicle” shall include ‘Motorcabs’ as defined under the Motor Vehicles Act, 1988 and Auto cabs or Auto Rickshaws.

“Vendor-Driver” shall mean the transport service provider or vendor who does not employ any individual to drive his/her vehicle but drives the vehicle (auto or cab) himself/herself.

“Zero Tolerance Policy” shall mean the policy of AKT City Vehicle Aggregator Private Limited as detailed under the Subsidiary Agreement, which may be amended from time to time.