Rose Taxi

DRIVER TERMS AND CONDITIONS

This document is an electronic record in terms of the Information Technology Act, 2000 and rules thereunder as applicable, and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing the rules and regulations, and Terms of Use for access or usage of the rosetaxi.in website and its app.

Rose Taxi Private Limited ("ROSE TAXI" or "we") provides a software application called "ROSE TAXI" and a system that, among other things, lets passengers see nearby available taxis on a map, connect in real-time (including by mobile phone), and pay for taxi vehicle transportation services through the ROSE TAXI application (the "ROSE TAXI service").

The Rose Taxi service is designed to give you as much control and ownership over how you manage your work as possible and generally help passengers and drivers connect more efficiently. You, however, must be responsible for your own use of the Rose Taxi service and your own behaviour as a taxi driver. In particular, you must ensure that you comply with all relevant laws and take all reasonable care for your own safety and the safety of others. If you have any questions or feedback on the Rose Taxi services, you can contact us at driversupport@rosetaxi.in or call +91 09914666555.

SUMMARY OF IMPORTANT TERMS AND CONDITIONS

Service Quality

• Only accept a job if you are confident that you can complete it.
• Do not abandon a job once you have accepted it unless it is absolutely necessary, e.g., your vehicle is breakdown or for unavoidable personal reasons.
• When you accept a job, always drive directly to the passenger’s pickup location.
• Always be polite and respectful to the Passenger
• Report any unacceptable passenger conduct to driversupport@rosetaxi.in or call driver support at +91 09914666555
• Do not talk on the phone, eat, or use offensive language during a job.
• Always be presentable and have good personal hygiene.
• By using the Rose Taxi service, you agree to pay an aggregator commission of 10% of your total income derived from driver hire charges.
• The commission amount is payable to Rose Taxi Private Limited via cash or online payment methods.
• The commission amount has to be settled when the total payable amount is equal to or greater than Rs.1000 in any given day.
• Driver will be suspended automatically when he fails to settle the payable commission amount exceeding Rs.1000.
• If the driver is suspended, it can only be activated upon clearing all pending commission amounts payable to Rose Taxi.
• Rose Taxi is not liable for any physical damage caused due to the negligence of the driver or customer at the time of the trip.
• Any damage caused to the vehicle by accident during a Rose Taxi trip has to be paid for by the driver.

Passenger Payments Fraud Prevention

• Passenger fraud is a serious issue with online payments, and we require your help to prevent online/UPI payment fraud.
• Rose Taxi is not able to verify passengers or their payment details.
• Drivers should only accept payments via cash or UPI (Gpay, PhonePe, PayTM etc.).
• Any bill related to a job needs to be settled immediately after the ride is completed by the customer.
• Rose Taxi will not take responsibility to collect money from the customer for a particular ride on behalf of a driver.
• Pre-payments or advance amounts collected by Rose Taxi from customers shall be reimbursed in the driver's account within 24 hours.

If an online payment or UPI payment method fails, the customer has the responsibility to arrange and pay cash to settle the bill.

1. YOUR USE OF THE ROSE TAXI SERVICE

1. 1. You can only use the Rose Taxi service if you are and remain a licenced and accredited taxi driver and provide and update the required information for registration as a Rose Taxi. Taxi drivers are obliged to have a professional driver’s licence approved by the Union of India, and the vehicle must be licenced as a taxi or contract carriage with valid personal and third-party insurance.

1. 2. You Agree:
      1. and commit that all information and details provided by you to us (including on registration) are true, accurate, and up-to-date in all respects and at all times. You can update or correct your details at any time by contacting us by email at driversupport@rosetaxi.in or by phone at +91 09914666555.
      2. Your use of the ROSE TAXI service grants you no rights in relation to our copyright, trademarks, or other intellectual property rights (including, without limitation, rights in and to logos, graphics, photographs, animations, videos, Rose Taxi software, applications, and website) or the intellectual property rights of our partners, other than the non-transferable, personal right to use and receive the ROSE TAXI service in accordance with these Terms;
      3. that you will not use the Rose Taxi service: for any unlawful purpose; in any way that interrupts, damages, impairs, or renders the Rose Taxi service less efficient; to transfer files that contain viruses, trojans, or other harmful programs; to access or attempt to access the accounts of other users (including other passengers or drivers); or to penetrate or attempt to penetrate any security measures; to disseminate any content that is defamatory, obscene, or may have the effect of being harassing, threatening, or abusive to an individual or group of individuals on the basis of their religion, gender, sexual orientation, race, ethnicity, age or disability; or otherwise; to a third party; to use the Rose Taxi service).
      4. and warrant that: you have all the appropriate licenses, approvals, and authority to provide taxi transportation services to passengers; you own or have the legal right to operate the taxi vehicle you use when using the Rose Taxi service, and that such vehicle meets all relevant safety standards; and you have valid insurance cover for your vehicle and services;
      5. to refrain from doing anything that we reasonably believe to be disreputable or capable of damaging our reputation, including, without limitation, creating any false bookings or otherwise breaching our Driver Code of Conduct;
      6. and acknowledge that we have no control over the nature or content of communications between you and other drivers of the Rose Taxi service. If you have a complaint about another driver, please contact us via e-mail at driversupport@rosetaxi.in or by phone at +91 09914666555.
      7. that you will comply with all applicable laws and be responsible for the provision of your taxi transportation services to passengers (including, without limitation, following safety laws in relation to the use of mobile devices whilst driving);
      8. to compensate and defend us fully against any claims or legal proceedings brought against us by any other person as a result of your breach of these

1. 3. In relation to the reporting information that we provide, we use all reasonable endeavours to ensure that such information is accurate, but we can’t guarantee that it will always be accurate or correct, and therefore you should keep your own records and use your own judgement when acting on the basis of the information provided.
   4. Please note that we are not responsible for the behaviour, actions, or inactions of passengers. Any contract for the provision of taxi transportation services is between you and the passenger, not Rose Taxi. Rose Taxi provides a platform to connect providers of transport services to passengers and to facilitate payments for those services provided, in an agency capacity only.
   5. You must not accept any job on behalf of another
   6. You must not accept any job that you cannot complete.
   7. If you cancel a ride after accepting it without any reason and don’t inform Rose Taxi about it, your account will be suspended.
   8. We reserve the right to suspend, restrict, or terminate your access to the Rose Taxi service and withhold any job-related payments if at any time we believe that you have not complied with the above terms and conditions.

2. TERM AND TERMINATION

1. 1. We may terminate these Terms and close any account you have with us by giving you 1 business day's written notice by email to your registered email address. We may also terminate these Terms and close your account without notice if you commit a material breach of any of your obligations under these Terms or the Driver Code of Conduct, or if you cease to be an accredited driver.
   2. We reserve the right to suspend, restrict, or terminate your access to the Rose Taxi service at any time without notice if we have reasonable grounds to believe you have breached any of these Terms or the Driver Code of Conduct. This shall not limit our right to take any other action against you that we consider appropriate to defend our rights or those of any other person.

3. OUR LEGAL OBLIGATIONS AND LIMIT ON OUR LIABILITY
   1. The Rose Taxi service comes with consumer guarantees under Indian consumer law that cannot be excluded by these Terms. These include that we will provide taxi service with due care and that nothing in these terms affects your statutory rights as a consumer. We make no warranties beyond the consumer's guarantees.
   2. Subject to clause 5.1, we are not liable for:

1. the actions or inactions of any passengers or other drivers;
2. loss caused by our breach of these terms that does not arise in the natural and ordinary course of events.
3. loss of revenue, profit, reputation, opportunity, data, or information; or (iv) failure to provide the taxi service or to meet any of our obligations under these Terms where such failure is due to events beyond our control (for example, a network or third party software failure).

4. INDEMNITY

0. 1. You are liable for and agree to indemnify us against all claims, liabilities, penalties, suits, and actions resulting directly or indirectly from:
1. any information that you have provided to us that is false, misleading, or otherwise inaccurate or incomplete;
2. your breach of any applicable laws and regulations;
3. your breach of any of the Terms; or
4. a misuse of the Rose Taxi service by

This clause will survive the termination of your contract.

5. DISPUTE RESOLUTION

If you wish to provide us with any feedback; make a complaint in relation to the Rose Taxi service, or make a complaint about another driver, please email us at driversupport@rosetaxi.in or call +91 09914666555

Each party agrees to act reasonably in seeking to resolve any disputes arising under these terms. You acknowledge and agree that you will not, for the duration of this agreement, make any disparaging comments about us on social media or in any public forum.

6. GENERAL

1. 1. Entire Agreement. This Agreement and any document expressly referred to in this Agreement form the entire agreement between you and us and supersede any prior agreement, understanding, or arrangement between you and us, whether oral or in writing.
   2. Relationship of the parties. relationship under this agreement is that of independent contractors. This agreement is not an employment agreement and does not create an employer-employee relationship between the parties. No joint venture, partnership, or agency relationship exists between the parties.
   3. Assignment. These terms are personal to you. You may not transfer your rights or obligations under these Terms to anyone else. However, you acknowledge and agree that we may transfer our rights or obligations or subcontract our obligations under these Terms to another legal entity, provided that this will not adversely affect the standard of service you receive under these Terms. As set out in clause 5, you may terminate your agreement with us at any time.
   4. No waiver. Any delay by us in exercising a right under these Terms does not operate as a waiver of that right. If you breach these Terms and we take no action against you, we will still be entitled to take action in any other situation where you breach these Terms.
   5. Severability. If any part of these terms is disallowed or found to be ineffective by any court or regulator, the other provisions shall continue to apply.
   6. Amendment. We may amend these Terms from time to time in order to reflect changes to the Rose Taxi service (including the Rose Taxi Driver and Customer Application), in which case we will give you reasonable notice either by email or via the Rose Taxi application. Your continued use of the Rose Taxi Service constitutes your acceptance of the changes and your consent to be bound by the amended Terms.
   7. Notices. Any notice to be delivered by us to you under this Agreement will be delivered to your registered email address. Any notice delivered by you to us under this Agreement will be delivered by you emailing us at driversupport@rosetaxi.in or call +91 09914666555
   8. Governing law. These terms are governed by the laws of the Republic of India.

Rose Taxi Private Limited Last Updated on 01/11/2022

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