Vendor - Main Agreement

This Services Agreement (‘the MAIN AGREEMENT’) that constitutes a legal agreement made between AKT CITY VEHICLE AGGREGATOR PRIVATE LIMITED, a partnership firm registered under the partnership Act 1932 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 an ‘the Aggregator’ (as defined under section 1(1) of the Motor Vehicle Aggregator Guidelines 2020)], which expression shall mean and include its officers, representatives, successors-in-office, affiliates and assigns on the ONE PART;

The Transport Service Provider (‘the Vendor’), who is an independent person owning and possessing a cab / taxi / auto, involved in the business of providing transport services, whether or not driving the cab / taxi / auto himself/herself, and having his/her/its office at ….[ADDRESS OF VENDOR]….[hereinafter referred to either as ‘the transport service provider’ or simply ‘the Vendor’], who after entering into the MAIN AGREEMENT will download the ‘AMO Vendor App’ and such other applications, either from the ‘AMO’ Website or ‘AMO’ Portal or from Google play storeand use the application(s) subject to the MAIN AGREEMENT in the course of his / her / its business of providing safe transportation of passengers and their carriage / belongings from one place to another, and that the term ‘the transport service provider’ or ‘the Vendor’ shall include their representatives, heirs, inheritors, successors-in-office, affiliates and assigns on the SECOND PART;

The Aggregator and the Transport Service Provider (‘the Vendor’) shall hereinafter in the MAIN AGREEMENT be individually referred to as ‘‘party’’ and collectively referred to as ‘‘the parties’’;

WHEREAS the Aggregator owns, controls and operates an online marketplace called “AMO”, an online booking platform in the business of connecting and facilitating provision of safe transport services between the users (end customers who will avail the transport services including any incidental services) and the Transport Service Provider (‘the Vendor’) through its platform / website / application(s), that includes any upgrade from time to time on platform / website / application(s), and any other software /tools that enable the use of its application(s) or such other URL as may be specifically provided by the Aggregator on AMO, amobile based application that lists and aggregates the cab/ taxi / auto service providers and cabs/ taxis / autos registered with the aggregator;

AND WHEREAS the Transport Service Provider (‘the Vendor’) is desirous of listing his / her /its business and his / her /its vehicle(s) on the platform / website / application(s) / AMO Vendor App of the Aggregator and claims to fulfil the eligibility criteria as laid down under Annexure – A of this MAIN AGREEMENT and claims and believes to comply with all the applicable laws of the land with respect to the provision of safe transport services exclusively through the platform / website / application(s) / AMO Vendor App of the Aggregator only ;

AND WHEREAS the Transport Service Provider (‘the Vendor’) is desirous of listing his / her / its business and his / her / its vehicle(s) on the platform / website / application(s) / AMO Vendor App of the Aggregator and claims to accept the Commercial Terms Segment as laid down under Annexure – B of this MAIN AGREEMENT;

AND WHEREAS the Transport Service Provider (‘the Vendor’) is desirous of listing or attaching or registering his / her / its vehicle(s) and also registering himself / herself as the Driver of the Vehicle (“Vendor-Driver”) or registering other driver(s) [either under contract of servicewith the Vendor or under any contract for service with the Vendor, and for which the Vendor shall at all times be vicariously liable during the provision of the safe transport services [to the users of the AMO Customer App including for those accompanying the users] of the listed / attached / registered vehicle(s) with the Aggregator (through a separate agreement called the SUBSIDIARY AGREEMENT between the Aggregator and the Driver is intimately connected, integrated and part and parcel ofthe MAIN AGREEMENT for fixing of duties / responsibilities and civil / other liabilities on the Driver);

AND WHEREAS on the basis of the representations and the warranties provided by the Transport Service Provider (‘the Vendor’), the latter has agreed to list his / her /its name and the vehicle(s) on the platform / the website / the AMO Vendor Appof the Aggregator, to enable the Transport Service Provider (‘the Vendor’) to provide safe transport services through the platform / the website / the AMO App(s) in accordance with the terms and conditions as mentioned hereafter.

NOW THEREFORE THE PARTIES HERETO AGREE AS FOLLOWS

1. Scope and Obligations
1. The execution of this MAIN AGREEMENT and the provision of the registration data including the (online) registration certificate shall effect in the registration of the Transport Service Provider (‘the Vendor’) and his / her / its Vehicle(s) with the Aggregator on the platform / the website / the AMO Vendor App of the Aggregator and subject to this MAIN AGREEMENT, the Cab/ Taxi / Auto Transport Service Provider (‘ the Vendor’) shall become eligible for an online account on the Aggregator’s platform / website / AMO Vendor App(s), for provision of safe Transport Services to the users of the Aggregator’s platform / website / AMO Vendor App(s) only.
2. The Transport Service Provider (‘theVendor’) and his / her /its Vehicle(s) registration with the Aggregator on its platform / website / AMO Vendor App(s) shall always comply with the laws, regulations and guidelines of the Central Government, the Union TerritoryGovernment / the State Government of India. The Transport Service Provider (‘the Vendor’) and his / her / its Vehicle(s) registration with the Aggregator on its platform / website / AMO Vendor App(s) shall further be subject to such other requirements, details and documents as is described in this MAIN AGREEMENTor the SUBSIDIARY AGREEMENT or that may be asked from time to time by the Aggregator to abide by the law of the land and the letter and spirit of this agreement.
3. The Transport Service Provider (‘the Vendor’) hereby understands and consents to the collection, storage and sharing of any identity document including phone number, passport no, Electoral Photo Identity card, Aadhar card as well as any other information downloaded or extracted therefrom with Government Authorities and/or anyThird Party Vendors including the Bank and other Financial Institutions, under the laws of the land, for legal and lawful purpose of processingunder the Data Protection laws for the background verification of the Vendors, their authorized drivers and users of the platform / website / AMO Vendor App(s) of the Aggregator.
4. The Transport Service Provider (‘the Vendor’) hereby acknowledges and agrees that all his / her /its rights, duties, obligations, onuses and liabilities and those of the Aggregator shall be governed in accordance with this MAIN AGREEMENT and the SUBSIDIARY AGREEMENT, which is reiterated to bepart and parcel of this Agreement.
5. The Transport Service Provider (‘the Vendor’) hereby acknowledges that it would fully comply with the terms and conditions of the MAIN AGREEMENT and the SUBSIDIARY AGREEMENT, having fully read, understood and consented to the terms contained in this agreement.
2. Devices
1. For providing services as per this agreement, the driver must either be given a device by the Transport Service Provider (‘the Vendor’) or that the driver bring his own devices compatible with the platform / website / AMO Vendor App(s) of the Aggregator. AKT City Vehicle Aggregator Private Limited will not be providing any device for providing the transport services under the Main or the Subsidiary Agreement but may provide limited services only with respect to advise on downloading and operating the AMO Vendor App.
2. For registration on the Aggregator’s AMO Vendor App(s), the device of such model and functionality shall be specified and notified by the Aggregator to the Transport Service Provider (‘the Vendor’)in advance and for which necessary arrangements shall be made by the Transport Service Provider (‘the Vendor’).
3. The Transport Service Provider (‘the Vendor’) hereby agrees and consents to the Devicesused for providing the transport servicesto be switched on and kept switched on during the performance of the safe Transport Service compulsorily by the Transport Service Provider (‘the Vendor’) or his / her /its authorized driver without any excuse or exception.
4. The Transport Service Provider (‘the Vendor’)or his authorized driver shall not use the Device for any illegal or unlawful purposes and shall use the Devices solely in accordance with the terms of this Agreement.
5. The Transport Service Provider(‘the Vendor’) shall solely and exclusively be responsible and liable for any violations of law committed by the Transport Service Provider as well as any misuse of the Devicesincluding misuse of the Sim card used in the Devices.
6. In the event of the AMO Vendor App(s)malfunctioning or not functioning properly on the Devices, the Transport Service Provider (‘the Vendor’) shall as early as possibleinformthe Aggregator’s designated offices for troubleshooting ofthe malfunctions and improving the compatibility of the Devices with the AMO Vendor App(s).
7. In the event of the Devices being damaged or destroyed and becoming irreparable due to any reason whatsoever, the driver and/ortransport service provider shall at his / her / its own cost arrange for / purchase a newdevices and at the earliest and install the AMO Vendor App on the newDevice(s) after intimating the same to the Aggregator.
8. In the event of the Transport Service Provider(‘the Vendor’) being unable to arrange for a Device to continue with the transport services,the Aggregator will be entitled to terminate this Agreement with immediate effect and with no liability whatsoever.
9. The Aggregator shall assist the Transport Service Provider (‘the Vendor’) in installing the AMO Vendor App and other programs including but not limited to software, applications, and content, as may be solely determined by the Aggregator, in the Device(s).
10. The Transport Service Provider (‘the Vendor’) shall not use the Device(s) for any illegal or unlawful purposes and instruct the drivers not todownload / play / watch / share / disseminate any pornographic or paedophilic or homophobic or religiously inciting content on the Device and shall use the Devices solely for purposes under this agreement or as determined by the Aggregator strictly in accordance with this Agreement. The Transport Service Provider(‘the Vendor’) and his agents including the drivers shall solely be responsible and liable for any violations of law committed by them.
11. The Transport Service Provider (‘the Vendor’) or its agents including the driver shallalways ensure that the Device(s) are in their legal and lawful possession.
12. TheTransport Service Provider (‘the Vendor’) shall inform the Aggregator in case of theft of their device(s) and shall also register a First Information Reportat the nearest Police Station and provide a copy to the Aggregator at the earliest.
13. Upon termination of this Agreement or deactivation of the Transport Service Provider (‘the Vendor’) account, the latter shallat the earliest delete and/or uninstall all AMO Vendor App(s) and other programs including but not limited to software, applications, and all other contents relating to AKT City Vehicle Aggregator Private Limited from their devices
14. 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).
3. Representations and Warranties
1. The Transport Service Provider (‘the Vendor’) represents and warrants that he / she / it is the legal and registered owner of the vehicle(s) or the lessee of the vehicle(s) and the permit holder under the law for the provision of Transport Services.
2. The Transport Service Provider(‘the Vendor’) represents and warrants that he / she / it has all requisite power and authority to deliver and perform the obligations imposed under this Agreement.
3. The Transport Service Provider(‘the Vendor’) represents and warrants that by entering into and performance of the obligations contemplated by this Agreement and the terms and conditions under it, has not and shall not conflict with any law, statutes, rules, regulations including any judicial, official, governmental and/ or statutory and/or regulatory orders and/or judgments (whether interim, final or otherwise) or guidelines applicable to the Transport Service Provider(‘the Vendor’) or with any other contract or agreement to which he / she / it is a partyor with other third party contract or agreement to which he /she is a party including the banks / Private financial institutions/Investors/ fund providers and also in respect of hypothecation.
4. The Transport Service Provider (‘the Vendor’) warrants that he / she / it shall ensure that the performance of this Agreement and those of his driver or agentsis never compromised with as long as this agreement is in effect or valid under the law.
5. The Transport Service Provider (‘the Vendor’) hereby expressly agrees that he / she / it shall not use the Device for any illegal or unlawful purposes.
6. The Transport Service Provider (‘the Vendor’) warrants that theDevice(s)shall be used only for the purpose set out under this Agreement or as required under the SUBSIDIARY agreement.
7. The Transport Service Provider(‘the Vendor’) and his agents, including the driver, represents and warrants that theyhave never been convicted by any court in India for any cognizable offence or convicted of an offence punishable with imprisonment for more than 3 years, under the laws of India and also for The Protection of Children from Sexual Offences Act 2012 and Narcotic Drugs and Psychotropic Substances Act 1985.
4. Disclaimer
1. The Transport Service Provider (‘the Vendor’) agrees that the Aggregator’s role is only limited to:
1. Managing and operating of the Aggregator’s website /portal and the AMO Vendor App(s) and providing an onlinemarketplace solely for the display of the Transport Services in the manner decided by the Aggregator unilaterally,
2. Providing an online booking platform facilitating the provision of Transport Services by the Transport Service Provider (‘the Vendor’) to the users of the Aggregator’s website / portal / app(s), and
3. Collection of payment and disbursement to the Transport Service Provider (‘the Vendor’) through an e-wallet or any digital payment services [that may be developed and provided to the Vendor in near future] to facilitate the transactions and payments between the Transport Service Provider (‘the Vendor’) and the users of the Aggregator’s website / portal / app(s).
4. The Transport Service Provider (‘the Vendor’) also agrees that the Aggregator is merely an intermediary providing online marketplace services and the AMO Vendor App is only a platform wherein the Transport Service Provider(‘the Vendor’) shall offer his safe Transport Services to the users of the Aggregator’s website / portal / app(s) on execution of the Agreement,subsequent registration on the Aggregator’s website / portal / app(s) and acceptance by the users of the customer terms and conditions in the of the Aggregator’s website / portal / app(s).
2. The Aggregator disclaims and shall disclaim all representations and warranties to the Transport Service Provider (‘the Vendor’), of any kind, whether express or implied with respect to the condition, suitability, quality, and fitness for any purposes in respect of the Device(s), AMO Vendor App(s) and the Aggregator’s website / portal /application or the services provided through them and accordingly, disclaims all liabilities, whether civil, criminal, tortious, or otherwise, that may accrue as a consequence of the use and access of the Aggregator’s website / portal / app(s).
3. The Aggregator disclaims and shall disclaim all liabilities, whether civil, criminal, tortious, or otherwise, to the extent permissible under applicable laws and regulations, that may accrue as a consequence of the breach by the Transport Service Provider (‘the Vendor’) or his authorized driver, (a) of the applicable laws in respect of the Transport Services; (b) of the terms of the applicable licenses, permits and other documents that are issued by the Transport Authorities; (c) of the terms of the Transport Service Provider (‘the Vendor’)terms and conditions; or (d) of the standard of care and the duty of care the Transport Service Provider (‘the Vendor’) owes to the users of the Aggregator’s website / portal / App(s).
4. The Aggregator does not warrant to the Transport Service Provider (‘the Vendor’) that the latter will be able to use the Device(s), the Aggregator’s website / portal / App(s), at all times or locations uninterruptedly or free from any technical glitches or error-free or free from viruses, malwares or malicious software(s) and that the Aggregator also does not warrant that the defects arising in the course of use of the Aggregator’s website / portal / App(s) will be corrected by the Aggregator.
5. Login terms
1. The Transport Service Providers (‘the Vendors’) or his / her / its agents including the driver(s) shall pay all the dues,including charges for use of the services by the users, the Goods and Services Tax liability and other liabilitiesthat they havecollected (or were responsible for collection)from the users of the portal in cash / bank on all the rides, against their vehicle's previousday or same daylogin(by the Vendor or the authorized driver on behalf of the vendor to be deposited to the aggregator AKT City Vehicle Aggregator Private Limited before logging in on theAMO Vendor App either the next calendar day or after 12 hours of login automatically or collection of Rs. 750 in case of auto and Rs 1900 in case of cabs from the users including GST, whichever is earlier)into the bank account of the Aggregatoreither through online transfer or otherwise through the payment gateway provided by the Aggregator or paid in cash against receipt in case of non-availability of Banking services on particular days.
2. The charges for use of the services (provided online by the Aggregator through its website / platform / application) to users by name “Conveyance Fee” under VI.1 and other parts in this Main Agreement shall be 20% of the ride fare [in case of cabs] or 15% [in case of autos] or as unilaterally increased / decreased by the Aggregator and informed over print or mass media or on the Aggregator’s website / platform / application (not limited to theAMO Vendor App) to the users and the Transport Service Providers (‘the Vendors’) or their authorised drivers.
3. The Goods and Services Tax liability under VI.1 and other parts in this Main Agreement shall include CGST and SGST / UTGST collected by the Transport Service Providers (‘the Vendors’) or their agents including their drivers on the following services:
1. CGST and SGST / UTGST as applicable from time to time(currently the rate being @2.5% CGST and @2.5% SGST/UTGST)on Aggregator cabs / autos on the actual ride fare with respect to the actual transport services provided to the users by the Transport Service Providers (‘the Vendors’) or their agents including their drivers;
2. CGST and SCGST / UTGST as applicable from time to time(currently the rate being @9% CGST and @9% SGST/UTGST) on the online services called as ‘Conveyance fee’, facilitating the actual transport on the ground that is provided to the Customer/User by the Aggregator.
4. Other liabilities under VI.1 and other parts in this Main Agreement may include other tax and non-tax liabilities.
5. The Transport Service Providers (‘the Vendors’) or their agents including their drivers shall not be allowed to login or will not be given access to the Aggregator’s website / portal / App(s) unless and until the dues mention in clause VI.1 with respect to the previous day or the same day has been cleared / paid.
6. Confidentiality
1. The Transport Service Provider (‘the Vendor’) and its agents including the driver(s), acknowledge that pursuant to this Agreement, they will have access to confidential information of the Aggregator and its affiliates, which has been provided by the Aggregator’s website / portal / App(s).
2. The Transport Service Provider (‘the Vendor’) and its agents, including the driver(s), undertake to keep confidential all the data and other confidential information of the Aggregator;and shall not share, sell or otherwise make the confidential information available to any third party.
3. The Transport Service Provider (‘the Vendor’) and its agents, including the driver(s), undertake not to disclose the confidential information of the Aggregator to any party or to any competitor of the Aggregator including Uber, Ola, Meru, Mega, Tab, NTL Taxi, My Taxi India, Carzonrent or other similar online transport services provider.
4. In the event, the Aggregator becomes aware that its confidential information has been disclosed or shared or sold by the Transport Service Provider (‘the Vendor’) and its agents, including the drivers, to any of its competitors or has been used for the benefit/interest of any of its competitors, the Aggregator will claim such direct and indirect damages which it may suffer due to current and future losses of its business.

Under this clause, confidential information shall include all information of the Aggregator on either the Aggregator’s website / portal / App(s), or any information whether verbal or written, disclosed or undisclosed to the Transport Service Provider(‘the Vendor’) or its agents including the driver(s) by the Aggregator or his officers during the duration of this agreement or any information of the users of the Aggregator’s website / portal / App(s), as the case may be, whether or not defined or mentioned in the Information Technology Act 2000 or the Reasonable Security Practices and Procedures and Sensitive Personal Information Rules, 2011that includes the personal information of the users including their race, sex, sexual orientation,religion, caste, address, phone numbers and other information including market information, all work products and documents related thereto, the code and contents of the Aggregator or any other information, whether provided orally or in writing, received or to be received by the Transport Service Provider (‘the Vendor’) or its agents including the driver(s).

7. License and Proprietary Rights
1. License Grant: Subject to the terms and conditions of this Agreement, the Aggregator hereby grants the Transport Service Provider (‘the Vendor’) a limited, non-exclusive, non-transferable, non-sublicensable, non-assignable license, ofusing the Aggregator’s website / portal / AMO Vendor App(s), during the term of this Agreement, solely for the purpose of providingan online platform ofsafe Transport Services to the users of the Aggregator’s website / portal/ apps(s) as well as for settlement of fees and compliance with the tax liability under law between the Aggregator and Transport Service Provider(‘the Vendor’) and its agents including the driver. All rights [residual or not] that have not been expressly granted to the Transport Service Provider(‘the Vendor’) and its agents including the driver are reserved by the Aggregator.
2. Ownership: TheAggregator, the AMO Vendor App(s) and confidential information, including but not limited to all intellectual property rights such as company name, logos, code, product and service names, trademarks, services marks or other indicia of ownership (“the Aggregator’s Intellectual Property”), shall remain the property of the Aggregator. This Agreement or the Subsidiary Agreement or Transport Service Provider’s use of the Aggregator’s website / portal and AMO Vendor Appsdo not convey or grant any rights to the Transport Service Provider (‘the Vendor’), its agents, including drivers:
1. in or related to the AMO Vendor App(s), except for the limited license granted above; or
2. to limited use or reference in any manner the Aggregator’s Intellectual Property in relation to provision of a platform for transport services.
3. The Transport Service Provider(‘the Vendor’), its agents including driver(s), agree that they shall not share, sell, reproduce, transcribe or make copies of the Aggregator’s Intellectual Property, in any form or manner norshall they copy or reverse engineer, or attempt to derive the composition or underlying information, structure or ideas of the Aggregator’s Intellectual Property.
8. Indemnification
1. License Grant: Subject to the terms and conditions of this Agreement, the Aggregator hereby grants the Transport Service Provider (‘the Vendor’) a limited, non-exclusive, non-transferable, non-sublicensable, non-assignable license, ofusing the Aggregator’s website / portal / AMO Vendor App(s), during the term of this Agreement, solely for the purpose of providingan online platform ofsafe Transport Services to the users of the Aggregator’s website / portal/ apps(s) as well as for settlement of fees and compliance with the tax liability under law between the Aggregator and Transport Service Provider(‘the Vendor’) and its agents including the driver. All rights [residual or not] that have not been expressly granted to the Transport Service Provider(‘the Vendor’) and its agents including the driver are reserved by the Aggregator.
2. Ownership: TheAggregator, the AMO Vendor App(s) and confidential information, including but not limited to all intellectual property rights such as company name, logos, code, product and service names, trademarks, services marks or other indicia of ownership (“the Aggregator’s Intellectual Property”), shall remain the property of the Aggregator. This Agreement or the Subsidiary Agreement or Transport Service Provider’s use of the Aggregator’s website / portal and AMO Vendor Appsdo not convey or grant any rights to the Transport Service Provider (‘the Vendor’), its agents, including drivers:
1. in or related to the AMO Vendor App(s), except for the limited license granted above; or
2. to limited use or reference in any manner the Aggregator’s Intellectual Property in relation to provision of a platform for transport services.
3. The Transport Service Provider(‘the Vendor’), its agents including driver(s), agree that they shall not share, sell, reproduce, transcribe or make copies of the Aggregator’s Intellectual Property, in any form or manner norshall they copy or reverse engineer, or attempt to derive the composition or underlying information, structure or ideas of the Aggregator’s Intellectual Property.
9. Specific Indemnity
1. The Driver or the person in control of the vehicle or driving the vehicle shall be solely liable for any and all accidents/incidents involving the Vehicle, while providing the cab / taxi / auto services. The Aggregator shall not be held liable for any such accidents/ incidents involving the Transport Service Provider (‘the Vendor’) its agents including the driver(s)and also the Aggregator shall in no way be liable for any compensation to be paid either to the Transport Service Provider (‘the Vendor’) and /or the Vendor-driver or the driver or to its agent or to any other third party.
2. All miscellaneous expenses pertaining to the Vehicle, such as repair and maintenance expenditures in case of accidents or incidents, penalty for violation of traffic rules or other laws, shall be borne solely by the Transport Service Provider (‘the Vendor’) its agents including the driver(s), and the Aggregator shall not be held liable or responsible for such expenses under any conditions.
10. Entire Agreement

This Agreement along with its various Exhibits and the Subsidiary Agreement, including e-contracts incorporating above, shall form the entire agreement between the Parties and shall supersede and override all previous communications or representations, either oral or written, explicit or implicit between the Parties, before the execution of this agreement, with respect to the subject matter of this Agreement, and no agreement or understanding varying or extending the same shall be binding upon any Party hereto unless arising out of the specific provisions of this Agreement or the Subsidiary Agreement.

In the event of any contradiction between the terms contained under this Agreement and the Subsidiary Agreement, the terms of this agreement shall prevail.

11. Duration and Termination
1. This Agreement shall be valid for a period of 2 (Two) years and shall be renewed automatically, unless otherwise agreed between the Parties.
2. The Parties to this Agreement shall be entitled to terminate this Agreement with a prior written notice of 7 (seven) business days to the other Party without assigning any reason for the termination.
3. The Aggregator shall be entitled to terminate this Agreement immediately for breach of any terms in this Agreement by the Transport Service Provider (‘the Vendor’) its agents including the driver(s), or for breach of any terms in the Subsidiary Agreement.
4. Upon termination of this Agreement, the registration of the Transport Service Provider (‘the Vendor’) its agents including the driver(s)with the Aggregator shall stand cancelled and the Account of the Transport Service Provider (‘the Vendor’) shall be terminated and the Transport Service Provider (vendor) shall not be eligible to ply his Vehicle(s) on the AMO Vendor App(s) on the Aggregator’s website / portal or represent to the users that he has an agreement with the Aggregator in any manner whatsoever but not limited to the use of AMO sticker on his / her vehicle(s).
5. Upon termination of this agreement, the Transport Service Provider (‘the Vendor’) its agents including the driver(s) shallclear all the dues of the Aggregator and all the tax dues of the Government including the Goods and Services Tax liability and other liabilities within 24 hours.
12. Notice
1. Any notices, requests and other communications required or permitted hereunder shall be in writing and may be sent by any of the following means to the receiving Party at the relevant addresses set forth in this 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,
   Aggregator : aktcity2022@gmail.com
   Transport Service Provider: As provided in the attachment [… email of the Transport Service Provider (‘the Vendor’)...]
2. By SMS sent to mobile number at:
   Aggregator :
   Transport Service Provider: As provided in the attachment [… Mobile number of the Transport Service Provider (‘the Vendor’)...].
3. By hand, against a written acknowledgement of receipt by the receiving Party.
4. By registered post including acknowledgement at the official address of the parties
   Aggregator : No. 04 JJ Nivas, Junglighat, Port Blair, South Andaman, 744103
   Transport Service Provider: As provided in the attachment [… ADDRESS of the Transport Service Provider (‘the Vendor’)...].
2. In the event the delivery of the notice is attempted to be made by means set out in clauses XIII (1)(iii) and (iv) by the Parties, the notice shall be deemed delivered on the third day from the date of the notice.
13. Relationship between Parties
1. During the duration of this Agreement, Transport Service Provider (‘the Vendor’) its agents including the driver(s), shall operate as and have the status of an independent contractor and shall not act as, be or construed to be an agent representative or employee of the Aggregator.
2. The relationship between the Parties is on a principal-to-principal basis, and none of the provisions of this Agreement shall be interpreted as creating the relationship of employer and employee or principal and agent between the Transport Service Provider (‘the Vendor’) its agents including the driver(s) and the Aggregator at any time, under any circumstances or for any purpose. Therefore, the Transport Service Provider (‘the Vendor’) its agents including the driver(s),shall not be entitled to any employee benefits, statutory or otherwise, offered by the Aggregator to its officers, employees, including but not limited to wages, vacation pay, sick leave, retirement benefits, social security, worker's compensation, health or disability benefits, or employee benefits of any kind.
3. The Transport Service Provider (‘the Vendor’) its agents including the driver(s) shall be responsible for the payment of all applicable taxes to which he may be subject to as an independent contractor or a business person or a professional.
4. The Transport Service Provider (‘the Vendor’) its agents including the driver(s) agree not to assume or create any obligation or responsibility or liability, express or implied, on behalf of or in the name of the Aggregator.
5. The Transport Service Provider (‘the Vendor’) its agents including the driver(s) does not have the authority to create, modify or terminate a contractual relationship(s) between the Aggregator and any third party or act for or bind the Aggregator in any respect.
6. Any act of the Transport Service Provider (‘the Vendor’) its agents including the driver(s) on behalf of the Aggregator which may be regarded as over and above the duties and responsibilities as provided in this Agreement or under the Subsidiary Agreement, shall be deemed to be unauthorized and unlawful and shall be personally liable for such acts.
14. Governing Law and Dispute Resolution
1. If any dispute arises between the Transport Service Provider (‘the Vendor’) its agents including the driver(s) and the Aggregator, in connection with, or arising out of this Agreement, the dispute shall be referred to arbitration under the Arbitration and Conciliation Act, 1996 (India) to be adjudicated by a sole arbitrator appointed by the Aggregator. Arbitration shall be held in Port Blair, Andaman & Nicobar Islands, India. The proceedings of arbitration shall be in the English language or on any language to which the parties agree to. The arbitrator’s award shall be final and binding on the Parties.
2. This Agreement shall be governed by and construed in accordance with the laws of India. Subject to clause XV (1), Calcutta High Court’s Circuit Bench in Port Blair shall have exclusive jurisdiction in connection with this Agreement and the Subsidiary Agreement.
3. In addition to the above remedies, the Aggregator shall be entitled to an interim injunction, restraining order or such other equitable relief as a court of competent jurisdiction may deem necessary or appropriate to restrain theTransport Service Provider (‘the Vendor’) its agents including the driver(s) from committing any violation of the covenants and obligations set out in this Agreement. These injunctive remedies are cumulative and are in addition to any other rights and remedies the Aggregator may have at law or in equity.
15. Amendment

To comply with compliance of any law or change in the Aggregator’s policy, the Aggregator may amend the provisions of this Agreement or the Subsidiary Agreement and Exhibits annexed to this Agreement at its own discretion and notify in accordance with the means provided in clause XIII of such amendments to the Transport Service Provider (‘the Vendor’) and its agents, including the driver(s).

EXHIBIT-A

DETAILS OF VEHICLE AND THE TRANSPORT SERVICE PROVIDER

Part I- Details of Vehicle:

1. Information to be provided:
2. Documents to be provided:

Part II- Details of the Transport Service Provider (Vendor):

1. Information to be provided:
1. Name:
2. Permanent Address:
3. Current Address:
4. Phone no.:
5. Email id:
6. Bank Account details of the Transport Service Provider (Bank name, account number and IFSC Code);
7. Bank Account details of the Beneficiary (if any);
8. Contact details of 2 (two) family members of the Transport Service Provider; and Such other documents/ information as may be required by AMO
2. Documents to be provided:
10. AMO attachment offices and submit such information / documents to AMO.