TERMS & CONDITION

This document is an electronic record as per the provisions of Information Technology Act, 2000 and rules framed thereunder as applicable and the 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. By clicking on the "I ACCEPT/AGREE" button on the Platform, You are consenting to be bound by this Agreement for using the Platform for the purpose of receiving and delivering the Services. PLEASE ENSURE THAT YOU READ AND UNDERSTAND ALL THE CLAUSES BEFORE YOU USE THE SERVICE OF THE PLATFORM, AS YOU SHALL BE BOUND BY ALL THE TERMS AND CONDITIONS CONTAINED HEREIN upon clicking on the "I ACCEPT" button. If You do not accept any of this Agreement, please do not use the Platform or avail any of the Services being provided therein. YOUR AGREEMENT SHALL OPERATE AS A BINDING AGREEMENT BETWEEN YOU AND TIFT IN RESPECT OF THE SERVICES OF THE PLATFORM.


Your engagement with TIFT to use the services of the Platform are subject to your acceptance of the Clauses as specified in this Agreement. TIFT reserves the right, at its sole discretion, to change, modify, add or remove these terms and conditions, in part or in whole, at any time, without prior notice to You. It is Your responsibility and duty to check the terms and conditions periodically for changes. Your continued use of the Platform following the posting of changes will mean that You accept and agree to the changes. As long as You comply with this Agreement, TIFT grants You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Service on the Platform.


DEFINITIONS


Unleess the context otherwise provides or requires, the following words and expressions used in this Agreement shall have the meaning as provided to them herein below:


"Acceptance" means your affirmative action of clicking on the box against the words "I Accept"provided at the end of these Driver Partner's Agreement including the T&C, by which action, you unequivocally accept the Driver Partner T&C and any modifications thereof.


"Agreement" shall mean the Services Agreement executed between TIFT and the Service Provider pursuant to which the Driver Partner has agreed to undertake Services.


"Applicable Law" shall mean and include any law, statute, ordinance, rule, regulation, guideline, policy, notification, circular or other pronouncement or any similar form of decision of, or determination by or any interpretation, administration and other pronouncements having the effect of law of the Republic of India or any other applicable jurisdiction by state, municipality, court, tribunal, government, ministry, department, commission, arbitrator or board having the effect of law in India, as in effect or which may come in effect on a future date.


"Business Day" means a day (other than national gazette holidays, and bank holidays in the Territory) on which nationalized banks are generally open in India for the conduct of banking business and comprising of normal working hours."


"Driver Partner" or "Service Provider" or "You" or "Your" or "Yourself" shall mean an individual who has executed Agreement for the provision of Services.


"Driver Partner information" shall mean and include any personal data collected from the Driver Partner including know your client documents with Driver Partner's bank, copies of valid government issued Vehicle registration certificate, Vehicle insurance copy, driving license, identity proof, residence proof, location data, proof of ownership, registration and compliance under welfare legislations for Driver Partner and any other information that TIFT may deem fit.


"Driver Services" shall mean either or both of the following as the context may require:


7.1. The services provided by the Driver Partner to TIFT of making himself available on the Platform for the purpose of receiving orders placed by the Users.


7.2. The services provided by the Driver Partner to the customers on Platform whereby the Driver Partner collects the goods/products/consignments ordered by the customers/consignors and delivers the same to the consignees


"Governmental Authority" means any governmental or any governmental agency, semi-governmental or judicial entity or authority, department of law and order including the Police personnel of any rank (including, without limitation, any stock exchange or any self-regulatory organisation established under statute).


"Intellectual Property Rights" shall mean and include the copyright (whether registered or not), patents including rights of filing patents, trademarks, trade names, trade dresses, house marks, collective marks, associate marks and the right to register them, designs (both industrial and layout), geographical indicators, moral rights, broadcasting rights, displaying rights, distribution rights, selling rights, reproducing rights, domain names, internet address, graphics, artwork, links, information, logos, software, configuration, marketing and distribution material and any other intellectual property right in the website of TIFT.in, and TIFT Platform, which are used and/or owned by TIFT.


"Platform Services" shall have the meaning assigned to it in the Agreement.


"Fees" means the consideration payable by TIFT to the Driver Partner for providing the Services as contemplated under this Agreement as per the General Terms and Conditions.


"Services" means the Driver and Platform Services technology-based services provided by TIFT for the transportation of its goods/products/consignments from one place to another for the hiring of Vehicles by customers for a point to point service, or for time and usage based service within city limits and outside the city limits, including inter-city all over India, through the internet and / or mobile telecommunications devices including hiring of labour by customers for loading/unloading of the consignment. and such other services which TIFT may from time to time add.


"Tax" means all forms of present and future taxes (including but not limited to Indirect Taxes), deductions, withholdings, duties, imposts, levies, cesses, fees, charges, social security contributions and rates imposed, levied, collected, withheld or assessed by any Governmental Authority or other taxing authority in India or elsewhere and any interest, additional taxation, penalty, surcharge, cess or fine in connection therewith and "Taxes" shall be construed accordingly.


"Termination Date" shall mean the date on which these Partner T&C and the Agreement shall stand terminated.


"Terms and Conditions" or "Driver Partner T&C" refers to these Driver Partner Terms and Conditions, which are available on the Platform, as may be amended from time to time and morefully prescribed under Annexure B and/or C.


"We" or "Us" or "Our" or "TIFT" shall mean Prayogshala company incorporated under the Companies Act 2019, and having its registered office At- Sisua, 42 Mauja, P.O.-Bentkar,Cuttack, Odisha which expression shall, unless it be repugnant to the context or meaning thereof, be deemed to mean and include all our successors, affiliates and assigns.


"Person" means any natural person, limited or unlimited liability company, corporation, partnership (whether limited or unlimited), proprietorship, Hindu undivided family, trust, union, association, Governmental Authority or any agency or political subdivision thereof or any other entity that may be treated as a person under the Applicable Law.


"Platform" shall have the meaning assigned to it in the Agreement. It shall also include for all purposes the mobile application/website interface provided to the Driver Partner wherein all the back-end technology is incorporated to enable the Driver Partner to provide Services as well as enable TIFT, to track the orders/requests and other relevant information.


"Vehicle" shall have the meaning which the Driver Partner will use for performing the Services.


INTERPRETATION


Unless the context of this Agreement otherwise requires:


the recitals, annexures, terms and conditions, attachments, fees receipts, invoices and schedules shall constitute an integral and operative part of this Agreement.


a word or an expression, which denotes a natural person shall include an artificial person (and vice versa), any one gender shall include the other genders, the singular shall include the plural (and vice versa).


Heading and bold typeface in this Agreement are for convenience only and shall be ignored for the purposes of interpretation.


The use of the word "including" followed by a specific example(s) in these Agreement, shall not be construed as limiting the meaning of the general wording preceding it.


The rule of construction, if any, that any clause should be interpreted against the parties responsible for drafting and preparation thereof, shall not apply.


Reference to any clause, article, section or schedule shall mean a reference to a clause, article, section or schedule of these Agreement, unless specified otherwise.


Reference to any Applicable Law shall mean a reference to that law as amended, consolidated, supplemented or replaced.


all references to this agreements, documents or other instruments include all documents attached to this Agreement (subject to all relevant approvals) a reference to this agreement, document or instrument as amended, supplemented, substituted, novated or assigned from time to time.


unless the context otherwise requires, the singular includes the plural and vice versa.


the words 'hereof', 'herein', and 'hereto' and words of similar import when used with reference to a specific clause in, or Schedule to, this Agreement shall refer to such clause in, or Schedule to, this Agreement, and when used otherwise than in connection with specific clauses or Schedules, shall refer to the Agreement as a whole.


headings and the use of bold typeface shall be ignored in its construction.


a reference to a Clause or Schedule is, unless indicated to the contrary, a reference to a clause or schedule to this Agreement.


references to this Agreement shall be construed as references also to any separate or independent stipulation or agreement contained in it.


the words "other", "or otherwise" and "whatsoever" shall not be construed ejusdem generis or be construed as any limitation upon the generality of any preceding words or matters specifically referred to.


references to any law shall include references to such law as it may, after the date of this Agreement, from time to time be amended, supplemented or re-enacted. and,


words and abbreviations, which have well known technical or trade/commercial meanings are used in the Agreement in accordance with such meanings.


APPLICABILITY OF THE TERMS AND CONDITIONS


The Driver Partner T&C together with the Agreement shall form the complete understanding between the Parties. By accepting these Driver Partner T&C, You acknowledge and agree to the Driver Partner T&C and TIFT policies that makes applicable to You from time to time, to the fullest extent possible.


Unless defined herein, the words, phrases and capitalized terms, which are contained or referred to in the Agreement, shall be construed as having the meaning thereby attributed to them in the Agreement.


Subject to the terms of this Agreement, TIFT engages the Driver Partner to perform, and You hereby agree to perform, the Services, with reference to the documents as prescribed under Annexure A, as instructed by TIFT. The Parties may from time to time agree to the provision of additional services by executing amendments / addendum to this Agreement or by way of an email/letter/e-notifications and alerts, which shall also be considered as an integral part of this Agreement.


TERM AND TERMINATION


The present Agreement shall be valid for a period of 1 year w.e.f. the Execution Date of this Agreement unless terminated by either Party in accordance with the terms of this Agreement by giving a 15 (Fifteen) days' notice in writing to the other Party.


This Agreement shall become effective on the Effective Date and shall remain in full force with automatic renewal of the agreement by the Parties (unless terminated by TIFT).


Driver as service partner agrees for the documents to be sent for background verification and this contract stands null and void and the services terminated with immediate effect if there is any discrepancy found.


TIFT may terminate this Agreement of the Service Provider without assigning any reason whatsoever.


TIFT shall be entitled to terminate this Agreement forthwith without any notice thereof, if the Service Provider does not provide the Services in accordance with the scale-up plan agreed for the Services.


Termination of this Agreement shall be without prejudice to the acquired rights and obligations of the parties existing at the date of termination (including the right to take action in respect of the circumstances giving rise to termination) and shall not affect any other rights and remedies available to the party terminating the Agreement.


REPRESENTATIONS AND WARRANTIES


On the Effective Date, the Service Provider hereby represents and warrants that the following representations and warranties are true, correct, valid and subsisting in all respects:


In order to register as a Service Provider, the Service Provider must be above 18 years of age and is enrolled with all the welfare schemes as provided by any Governmental Authority and must share the requisite documents with TIFT from time to time for compliance purposes only.


You acknowledge and agree that at all times the Service Provider must hold and maintain:


a valid driver's license (if applicable) with the appropriate level of certification to operate the Vehicle driven/ridden by You, and


all licenses, permits, approvals and authority applicable to the Vehicle (if applicable) that are necessary to provide the Services.


the appropriate and current level of training, expertise and experience to provide the Services in a professional manner with due skill, care and diligence. and


high standards of professionalism, service and courtesy. You acknowledge and agree that You may be subject to certain background and driving record checks from time to time.


The Service Provider confirms that TIFT does not own ordinary way control or own the Vehicles used by a passenger or any driver rendering the said services to the customer, whether employed by the Service Provider or not. TIFT shall not be held liable or responsible in any manner whatsoever for any insufficiency or deficiency of service rendered by the Service Provider to the consignor/consignee.


The Service Provider agrees and acknowledges that the upon acceptance of an order by the Service Provider, Services undertaken by him shall constitute a separate contract for services under the Applicable Laws or any successor legislations, between the Service Provider and the User, to which TIFT is not a party.


Notwithstanding anything as contained herein and in addition to the responsibilities of the Service Provider specifically in the segment of 2 (Two) wheeler Vehicles, the Service Provider also being a driver which may or may not be under his ownership as to the right, title and interest on the Vehicle, is responsible and liable for all loss or damages as to any matter arising from the Vehicle including the claims, demands, charges, expenses, show cause, detention, litigation and but not limited to objections, etc. as may be raised by a third party, family or related members, appropriate authorities, police functionary, etc. and shall keep TIFT indemnified from all such claims from time to time during the course during the term of this Agreement.


FEES AND TAXES


In consideration for performance of the Services in accordance with the requirements of this Agreement, the Service Provider shall be entitled to receive the Fees on or after deduction of applicable Taxes.


The applicable financial terms for the Vehicle shall be communicated from time to time on TIFT notice board of Your City Office and/or Branch Location.


The Fees in relation to the trip fare will be calculated through the GPS device provided


All payments due to the Service Provider shall be made by a crossed pay order cheque in favor of Name of Service provider or through net banking / NEFT / RTGS etc., as mutually agreed from time to time.


The Service Provider do hereby authorize TIFT to collect any payments against the Services and to make such payments to the account as provided and consented to TIFT by the Service Provider from time to time. TIFT hereby disclaims all liabilities which may arise from all obligations under this clause as the acts will be performed as per the prior and voluntary consent provided by the Service Provider in own discretion. The Service Provider have no objection on any of the abovementioned commercial transactions with TIFT.


Before making payments to the Service Provider, TIFT shall be entitled to deduct commission or its own service charges including the deduction of Taxes at source.


The Service Provider acknowledges and agrees that in the event, any Tax proceedings are initiated against TIFT, the Service Provider shall fully cooperate with TIFT by furnishing the relevant information related to the supply provided to TIFT on a timely basis as may be required by TIFT. Furthermore, all the damages and other costs incurred by TIFT due to any fault of the Service Provider, the Service Provider shall indemnify TIFT for all such damages and other costs.


The Fees payable to the Service Provider is exclusive of all applicable central, state and other Taxes at the time of execution of this Agreement. and


The Service Provider shall be solely responsible to pay the Taxes or any other applicable taxes with respect to the provision of Services provided to TIFT


SERVICE PROVIDER'S OBLIGATIONS


Each Person hereby obligates that:


The Service Provider shall not have more than one active Account (as defined hereinafter) on the Platform. Additionally, the Service Provider are prohibited from selling, trading, or otherwise transferring Your Account to another party.


Service Provider hereby provides consent to TIFT to access, use or share data and information including but not limited to location information, contacts information, transaction information, usage and preference information, device information, call and SMS data and Log information related to subscription to TIFT's platform. The Service Provider expressly confirms that some of the call related information may be personal in nature.


The Service Provider is capable of entering in the present Agreement, pursuant to the Indian Contract Act, 1872 and is not below the age of 18 years as on the Effective Date.


All Service Provider Information provided shall be true and correct and no information that could impact the Service Provider's performance to render Services pursuant to these Service Provider T&C and shall not be hidden from TIFT anytime during the subsistence of these Service Provider T&C.


The Service Provider 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 Service Provider is not a party to any pending litigation, which shall materially affect Your obligations under these Service Provider T&C.


all licenses, permits, approvals and authority applicable to the Vehicle utilized by You that are necessary to provide Services.


the appropriate and current level of training, expertise and experience to provide the Services in a professional manner with due skill, care and diligence.


You acknowledge and agree that You may be subject to certain background and driving record checks from time to time.


You shall not use TIFT Platform's information but not limited thereto ("Confidential Information") for any purpose other than to exercise its rights and perform its obligations under or in connection with this Agreement.


You shall ensure all obligations related to a comprehensive insurance including without limitation insurance of Vehicles, third party, goods, driver, customer etc. to meet any accidental eventuality etc. and the hirer/consignor/consignee shall not be liable for any thing whatsoever.


The Service Provider also shall furnish all the details including the drivers as per Annexure B and/or C for security reasons and ensure that the Service Provider is registered with TIFT.


The Service Provider shall ensure that the customer pays the Vehicle fare (as displayed in the installed technology firmware and/or Platform, or that is otherwise agreed upon by TIFT and the Service Provider at the time of hire), parking charges, additional night surcharge (where applicable) and any fee or levy presently payable or hereinafter imposed by law or required to be paid for hiring the Vehicle (for cash bookings). Toll charges will be payable by the customer (whether by way of cash or credit, as previously agreed between TIFT and Service Provider) as applicable, when the Vehicle that is in use and hired by the customer through TIFT crosses a toll post.


The Service Provider will have a functioning mobile number and also have the ability to read and send SMSs from TIFT, regarding the customer details, kms and time reading, amount paid by the customer and to convey customer feedback. Service Provider shall maintain all documents pertaining to the personal details and where about so fall.


In case any Service Provider wants to go on leave, Service Provider will inform TIFT at least 3 days in advance and the Service Provider shall provide a placement driver for the duration of absence with a separate enrolment under the Platform. The replacement driver must undergo the required training, at the Service Provider's cost, and as per TIFT's set quality standards.


The Service Provider will be maintaining certain standard ratings on the Platform which will be depending upon the transparent process and parameters of TIFT, failure to adhere with the rating process will have an impact in the Services which will be solely decided by TIFT from time to time.


During the Services are performed, the Vehicle shall not be pilfered or tampered with and the same shall be reported immediately by the Service Provider directly to TIFT.


The Service Provider must be aware of the prominent destinations and routes, both outside and within the Branch Location.


Any discounts given to the customer, if any, will be decided by TIFT based on a case to case basis and Service Provider shall agree to the same without demur or protest.


The Service Provider shall ensure and shall be solely responsible to ensure that before the Pickup, the device/phone is available for the passenger and TIFT. The Service Provider's phone should not be busy for long, unavailable or switched off. Doing this will lead to deductions in the amounts to be paid to Service Provider by adjusting the discounts given to the passenger with the amount to be paid to Service Provider. Such deductions may extend upto any quantum of the amounts to be paid to the Service Provider. and


The Service Provider shall be liable for all claims and demands raised by any third party at all times in respect of the Vehicle (owned or hired) which ever the case may be. TIFT does not verify the details of the Vehicle used by the Service Provider. In case of any claims as to the title of the Vehicle between the registered owner of the Vehicle and the Service Provider, TIFT shall not be held responsible for such disputes. All such disputes must be met by the Service Provider and must indemnify TIFT in case of the loss of brand value, goodwill, loss of business, direct or indirect claims, claims from accident and/or offenses under the applicable laws, etc. situations during the term of this Agreement.


RELATIONSHIP


The relationship between the parties is that of independent contractors and/or workers. Nothing in this Agreement shall be construed as creating a partnership, joint venture, employer-employee, agency, or other relationship between the Parties. The Service Provider shall have no right to exercise control over TIFT's performance of its obligations under this Agreement and TIFT shall not have, and shall not represent that it has, any right or authority to bind the Service Provider, or to assume or create any obligation or responsibility, express or implied, on behalf of Service Provider. The Service Provider covenants that all Persons assigned by the Service Provider (not by way of transfer) to perform Services under this Agreement shall be employees or contractors of Service Provider or its affiliates and under no circumstances shall such persons be deemed to be employees of TIFT


SUB-CONTRACTING


The Service Provider shall not sub-contract any part of the Services under this Agreement to any third party without prior written consent of TIFT. Notwithstanding any such sub-contracting, if consented by TIFT, the Service Provider shall remain primarily liable and always obligated to TIFT hereunder.


ASSIGNMENT


Subject to clauses of this Agreement, TIFT may assign this Agreement, in whole or in part, or any of its rights or obligations hereunder without the prior written consent of the Service Provider.


INTELLECTUAL PROPERTY OWNERSHIP RIGHTS


Except as expressly set forth herein, as between the Parties, TIFT shall remain the owner of all intellectual property that it owns or controls as of the Effective Date or that it develops or acquires thereafter. Nothing in this Agreement will function to transfer any of either party's intellectual property rights to the other party and each party will retain exclusive interest in and ownership of its intellectual property developed before this Agreement or developed outside the scope of this Agreement.


INDEMNIFICATION


The Service Provider shall indemnify TIFT from and against and in respect of any or all liabilities, losses, charges and expenses (including legal fees and costs on a full indemnity basis) claims in general and any provision which forms a part of this Agreement, demands, actions and proceedings, which TIFT may incur or sustain directly or indirectly from any breach by Service Provider of its obligations here under or any breach of Service Provider's representations and warranties, or by any reason, or in real action to the provision or proposed provision of the services by Service Provider and Service Provider shall forthwith pay all such sums forthwith on demand by TIFT in writing.


Notwithstanding any other provisions of this Agreement, the Service Provider shall be liable to TIFT for indirect, special, or consequential damages arising out of or in connection with the provision of Services under this Agreement.


The Service Provider agrees that in the event of any loss or damage to the TIFT, that is from the time they are entrusted to the Service Provider till they have delivered the requisite services to the TIFT, due to any reason whatsoever, except for Force Majeure, the Service Provider shall make good the loss, costs, charges, and expenses that the TIFT may suffer or incur in accordance with the terms of this Agreement.


Indemnify TIFT in accordance with the provisions of this Agreement. and


The Service Provider shall be solely liable for all offences and penalties relating to the Services.


LIMITATION OF LIABILITY


To the extent permissible under applicable laws, TIFT is not liable for any civil, criminal, tortious, or any other liability, that may accrue as a consequence of the breach by the Service Provider (a) of the Applicable Laws in respect of the use of the Platform or providing the Services. (b) of the terms of the applicable licenses and permits that are issued by the transport authorities. (c) of the terms of these T&Cs. or (d) of the duty of care the Service Provider owes to the users of the Platform.


TIFT's maximum liability to the Service Provider in any event, which includes any failure by TIFT under this Agreement, shall be restricted and limited to a maximum amount of INR 200 (Indian Rupees Two Hundred Only) in the aggregate during the Term.


There will be no limitation of liability on the part of the Service Provider at any point of time due to any indemnity provisions as contained in this Agreement.


FORCE MAJEURE


. 1. Force Majeure Event: A "Force Majeure Event" means any circumstance not within a Party's reasonable control including, without limitation:


acts of God, flood, drought, earthquake or other natural disaster.


epidemic or pandemic.


terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations.


nuclear, chemical or biological contamination or sonic boom.


any law or any action taken by a Governmental Authority or public authority, including without limitation imposing an export or import restriction, quota or prohibition, or failing to grant a necessary licence or consent.


collapse of buildings, fire, explosion or accident.


any labour or trade dispute, strikes, industrial action or lockouts (other than in each case by the Party seeking to rely on this clause, or companies in the same group as that Party).


non-performance by suppliers or subcontractors (other than by companies in the same group as the Party seeking to rely on this clause). and


interruption or failure of utility service.


2. Effect of a Force Majeure Event:


Provided it has complied with this clause, if a Party is prevented, hindered, or delayed in or from performing any of its obligations under this Agreement by a Force Majeure Event ("Affected Party"), the Affected Party shall not be in breach of this Agreement or otherwise liable for any such failure or delay in the performance of such obligations. The time for performance of such obligations shall be extended accordingly. The corresponding obligations of the other Party will be suspended, and it's time for performance of such obligations extended, to the same extent as those of the Affected Party.


3.Obligations of an Affected Party:


The Affected Party shall:


as soon as reasonably practicable after the start of the Force Majeure Event but no later than 3 days from its start, notify the other Party in writing of the Force Majeure Event, the date on which it started, its likely or potential duration, and the effect of the Force Majeure Event on its ability to perform any of its obligations under the Agreement. and


use all reasonable endeavours to mitigate the effect of the Force Majeure Event on the performance of its obligations.


4.Right to terminate in case of a Force Majeure Event:


Without prejudice to clause (Term and Termination), if the Force Majeure Event prevents, hinders, or delays the Affected Party's performance of its obligations for a continuous period of more than 3 days, the Party not affected by the Force Majeure Event may terminate this Agreement by giving a written notice to the Affected Party.


SURVIVAL


Any terms and conditions that by their nature or otherwise reasonably should survive a cancellation or termination of this Agreement shall be deemed to survive the cancellation or termination of this Agreement. Such terms and conditions include, but are not limited to, Term and Termination, Representations and Warranties, Relationship, Intellectual Property Ownership Rights, Indemnification, Governing Law, Dispute Resolution, Severability and Disclaimer.


GOVERNING LAW


This Agreement shall be governed by, and construed in accordance with, the laws of India, without regard to the principles of conflict of laws.


DISPUTE RESOLUTION


1.TIFT hereby disclaims and shall disclaim all representations and warranties to the customer, of any kind, whether express or implied as to condition, suitability, quality, merchantability, Vehicle and all ancillary matters related to it and fitness for any purposes in respect of any and all the Vehicles of the Service Provider that are used by the customer as a part of the service offered by TIFT.


2.TIFT does not warrant that You will be able to use TIFT's Platform and/ or will be able to provide the Services at all times or locations on TIFT Platform or that TIFT Platform and the Platform Services will be uninterrupted or error-free or that the defects will be capable of being corrected by the TIFT in a timely fashion. The Platform Services, Platform, Device, the output generated there from, and all other technology developed by TIFT are provided to you on an "AS IS" and "AS AVAILABLE" basis and TIFT specifically disclaims all warranties and indemnities, express, implied or statutory, including without limitation any warranty of merchantability, fitness for a particular purpose, accuracy, completeness, any assurance of minimum business guarantee with respect to any Fees or any other warranty arising from the course of performance or course of dealing.


3.TIFT shall not be responsible or liable for any loss or damage, how so ever caused or suffered by the Service Provider arising out of the use of the service offered by TIFT or due to the failure of TIFT to provide services to the consignor/consignee for any reason whatsoever including but not limited to any customer's noncompliance with the services offered by TIFT, which includes, but is not limited to any incorrectly placed voice instructions, malfunction, partial or total failure of any network terminal, data processing system, computer tele transmission or telecommunication system or other circumstances whether or not beyond the control of TIFT or any person or any organization involved in the above mentioned systems. The Service provider shall also be liable to TIFT for any loss caused to TIFT due to the negligence of the Service Provider and/or his appointed operators/contractors and or any unlawful act or omission in the performance of the services. Without prejudice to the above, TIFT shall not be liable for any direct or indirect loss or damage, which may be suffered by the Service Provider as a result of any failure by a consignor/consignee to show up within any stipulated time even if TIFT has agreed to such timing or even if the customer has a devised TIFT of the possibility that he/she may not show up within the stipulated time. and


4.The Platform makes available general third-party information and other data from external sources ("Third Party Content"). The provision of Third-Party Content is for general informational purposes only. The Service Provider acknowledges that the Third-Party Content provided is obtained from sources believed to be reliable. TIFT does not provide any guarantee with respect to any Third-Party Content and TIFT shall not be held liable for any loss suffered by the Service Provider based on the reliance placed on or use of Third-Party Content. Further, to the extent that such Third-Party Content is infringing upon some other party's intellectual property rights or proprietary rights, TIFT shall not be held liable for the same at any instances.


SEVERABILITY


If any part or any provision of this Agreement is or becomes illegal, invalid, or unenforceable, that part or provision shall be ineffective to the extent of such invalidity or unenforceability only, without in any way affecting the validity or enforceability of the remaining parts of said provision or the remaining provisions of this Agreement. The parties hereby agree to attempt to substitute any invalid or unenforceable provision with a valid or enforceable provision, which achieves to the greatest extent possible the economic, legal, and commercial objectives of the invalid or unenforceable provision.


ENTIRE AGREEMENT


This Agreement, together with the schedules and other documents specifically attached or referred to herein, constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all prior understandings, promises, representations, agreements, and negotiations between the parties, oral or written. No amendment or modification of this Agreement shall be binding unless made in writing and duly signed by both parties.


WAIVER


Each party agrees that any delay or omission on the part of the other party to exercise any right, power or remedy under this Agreement will not automatically operate as a waiver of such right, power or remedy or any other right, power or remedy and no waiver will be effective unless it is in writing and delivered to the other party. Further, the waiver or the single or partial exercise of any right, power, or remedy by either party hereunder on one occasion shall not be construed as a bar to a waiver of any successive or other right, power or remedy on any other occasion.


DISCLAIMER


1.TIFT hereby disclaims and shall disclaim all representations and warranties to the customer, of any kind, whether express or implied as to condition, suitability, quality, merchantability, Vehicle and all ancillary matters related to it and fitness for any purposes in respect of any and all the Vehicles of the Service Provider that are used by the customer as a part of the service offered by TIFT.


2.TIFT does not warrant that You will be able to use TIFT's Platform and/ or will be able to provide the Services at all times or locations on TIFT Platform or that TIFT Platform and the Platform Services will be uninterrupted or error-free or that the defects will be capable of being corrected by the TIFT in a timely fashion. The Platform Services, Platform, Device, the output generated there from, and all other technology developed by TIFT are provided to you on an "AS IS" and "AS AVAILABLE" basis and TIFT specifically disclaims all warranties and indemnities, express, implied or statutory, including without limitation any warranty of merchantability, fitness for a particular purpose, accuracy, completeness, any assurance of minimum business guarantee with respect to any Fees or any other warranty arising from the course of performance or course of dealing.


3.TIFT shall not be responsible or liable for any loss or damage, how so ever caused or suffered by the Service Provider arising out of the use of the service offered by TIFT or due to the failure of TIFT to provide services to the consignor/consignee for any reason whatsoever including but not limited to any customer's noncompliance with the services offered by TIFT, which includes, but is not limited to any incorrectly placed voice instructions, malfunction, partial or total failure of any network terminal, data processing system, computer tele transmission or telecommunication system or other circumstances whether or not beyond the control of TIFT or any person or any organization involved in the above mentioned systems. The Service provider shall also be liable to TIFT for any loss caused to TIFT due to the negligence of the Service Provider and/or his appointed operators/contractors and or any unlawful act or omission in the performance of the services. Without prejudice to the above, TIFT shall not be liable for any direct or indirect loss or damage, which may be suffered by the Service Provider as a result of any failure by a consignor/consignee to show up within any stipulated time even if TIFT has agreed to such timing or even if the customer has a devised TIFT of the possibility that he/she may not show up within the stipulated time. and


4.The Platform makes available general third-party information and other data from external sources ("Third Party Content"). The provision of Third-Party Content is for general informational purposes only. The Service Provider acknowledges that the Third-Party Content provided is obtained from sources believed to be reliable. TIFT does not provide any guarantee with respect to any Third-Party Content and TIFT shall not be held liable for any loss suffered by the Service Provider based on the reliance placed on or use of Third-Party Content. Further, to the extent that such Third-Party Content is infringing upon some other party's intellectual property rights or proprietary rights, TIFT shall not be held liable for the same at any instances.


MISCELLANEOUS


This Agreement may be executed and delivered in two counterparts, each of which shall be deemed as an original, or by facsimile or other electronic copies, such as by email. The parties agree that such facsimile or electronic execution and shall have the same force and effect as of an original document with original signatures.


All remedies of either party under this Agreement whether provided herein or conferred under statute, civil law, common law, custom or trade usages, are cumulative and not alternative and may be enforced successively or concurrently.


Each party shall bear its own costs in connection with its obligations under this Agreement. Further, all charges and expenses including stamp duty or otherwise in relation these presents shall be borne and paid by the Service Provider. The Service Provider shall bear and pay their own advocates' fees.


Each party will act in good faith in the performance of its respective responsibilities under this Agreement and will not unreasonably delay, condition, or withhold the giving of any consent, decision or approval that is either requested or reasonably required by the other party to perform its responsibilities.


No variation of this Agreement shall be effective unless it is in writing and signed by the Parties (or their authorized representatives). The Parties agree that that the Parties may entire into one or more written addendums from time to time to supplement, modify, or alter the terms of this Agreement.


Any violation of any provision hereof, any incomplete or mistaken performance of any obligation provided hereunder, any misrepresentation made hereunder, any material nondisclosure or omission of any material fact, or any failure to perform any covenants provided hereunder by any Party shall constitute a breach of this Agreement. The breaching Party shall be liable for any such breach pursuant to the applicable laws. On breach of covenants of agreement by defaulting party, consequently other party of the agreement will be discharged from all its obligations and liabilities from the moment breach is committed till the time breach is corrected.


This Agreement shall be binding and inure to the benefit of the Parties and their respective legal representatives, administrators, executors, and permitted assigns.


For so long as this Agreement is subsisting and for a period of 12 (twelve) months thereafter, the Service Provider hereby agrees to not to solicit / poach/approach/hire/take on contract/employ, directly or indirectly, any driver partner(s) / contractors / Vehicles operated by / engaged with / associated/registered with TIFT, either fixed and/or adhoc, for its requirements.


RPO and Non-Disparagement:


9.1. The Service Provider shall provide the Services with the due care, skill and diligence of a reasonable prudent operator ("RPO") and shall procure that any person performing under this Agreement shall provide the Services to the best of his/her ability and in accordance with the standards of an RPO. For the purposes of this Agreement, a "RPO" means a person seeking in good faith to perform its contractual obligations and in so doing and in the general conduct of its undertaking, exercises that degree of skill, diligence, prudence and foresight which would reasonably and ordinarily be expected from a skilled and experienced operator complying with all Applicable Laws and statutory obligations, engaged in same type of undertaking, under the same or similar circumstances and conditions and any reference to the standards of a RPO will be construed accordingly.


9.2. Specifically, the Service Provider shall ensure that the Services are provided in compliance with the Motor Vehicles Act, 1988, Motor Transport Workers Act, 1961 or any Rules made thereunder, Carriage by Road Act 2007 and Carriage by Road Rule 2011 and in strict compliance with the provisions of any Applicable Laws along with this Agreement.


9.3. The Service Provider agrees to provide the Services in a manner so as to advance the business interests and goodwill of TIFT. Specifically, the Service Provider agrees not to, and shall ensure that its drivers do not, (a) form any union, trusts, association, society or any other type of entity. or (b) hold meetings, conference or any other form of gathering of 5 or more, to discuss this Agreement, the Services and payments provided hereunder and/or the general affairs of TIFT.


9.4. The Service Provider shall not directly or indirectly engage in any conduct averse to the best interests of TIFT. The Service Provider shall not, and shall ensure that its drivers and other employees do not disparage or make any negative comments (either oral or in writing) about, TIFT or any of its officers, employees, directors or other representatives.


9.5. The Service Provider shall be directly liable for on all cases as may be initiated through the Vehicle during the engagement hours while providing the Services. and


9.6. Notwithstanding to anything contained anywhere in this Agreement, breach of this clause by the Service Provider shall entitle TIFT to terminate this Agreement and TIFT shall be entitled for all indemnification from the Service Provider, as per this Agreement.


Branding and Advertising on the Vehicles:


10.1. The Service Provider and/or the driver(s) will allow TIFT or its customers to advertise / brand on its Vehicle(s) (including but not limited to any branding / advertising, if at any point of time, as requested by TIFT on such terms and conditions as may be specified by TIFT and if accepted by the Service Provider and/or its driver(s), from time to time).


10.2. The Service Provider and/or the driver(s) shall comply with all the applicable law(s) / regulations for branding / advertising on its Vehicle(s) as defined by the state/central transport corporation/authority. The Service Provider and/or the driver(s) shall be solely responsible for compliance with the laws / regulations of the state/central transport corporation/authority (including the regional transport offices where the Vehicle got registered, local bodies, regulatory agencies (local / state / central) i.e. ensuring to get the TIFT branding approval in their Vehicle from the respective regional transport offices/state transport authority, where the Vehicle got registered within the prescribed time period. The Service Provider and/or the driver(s) shall be solely responsible for any liability, loss, action and / or penalty arising out of any non-compliance with the applicable laws in relation to such branding / advertising and TIFT will not be responsible for such liability in any manner.


10.3. The Service Provider and/or the driver(s) may not opt-out of any branding / advertising program of TIFT or its customers (as applicable) and stop branding / advertising on its Vehicle(s) as per its convenience, provided however that the Service Provider and/or its driver(s) shall be solely liable and accountable for any responsibility(ies) / liability(ies) / loss(es) / action(s) / penalty(ies) by any government, regional transport office(s) / police/ local / regulatory body(ies) arising during the time they opted for such branding/advertising activity any such-opt out from branding / advertising program of TIFT or stoppage of branding / advertising their Vehicles, by the Service Provider and/or the driver(s), shall not absolve them from. and


10.4. Non-adherence of this clause by the Service Provider and/or the driver(s) shall be deemed to be a breach of this Agreement by the Service Provider and/or the driver(s) and TIFT may terminate this Agreement without any notice and further, the Service Provider and/or the driver(s) agrees to indemnify TIFT from and against and in respect of any or all liabilities, losses, charges and expenses (including legal fees and costs on a full indemnity basis), claims, demands, actions and proceedings, which TIFT may incur or sustain directly or indirectly from any breach by Service Provider and/or the driver(s) of its obligations here under or any breach of Service Provider's and/or the driver(s's representations and warranties, or by any reason, or in real action to the provision or proposed provision of the services by Service Provider and/or its driver(s) and Service Provider and/or the driver(s) shall forthwith pay all such sums forthwith on demand by TIFT in writing.


TIFT retains the right to share the information provided by You with any financial lending institution(s) and/or insurance broker entities if you agree to the same, if it is proved within reason that you have availed a service from them. You forego the right to claim any damages from TIFT in the event any such financial facility has been availed by you. You also agree that TIFT will not be liable for any damages arising as a result of such disclosure of your information. TIFT retains the right to withhold pending Fees and terminate you on an immediate basis in such cases.


The Service Provider hereby acknowledges and agrees to the use of his/her photographs by TIFT for certain purposes, which may include usage of the Service Provider photographs in TIFT's internal communications and presentations, training materials, marketing and advertisement activities on various platforms, including without limitation, online advertisement, social media and offline advertisement. The Service Provider hereby consents to sharing of his/her photographs by TIFT with third parties for the aforesaid purposes. The Service Provider further agrees to the Privacy Policy of TIFT as available on the Platform including website of TIFT by clicking here.


The Parties agree that the electronic signature of a party to this Agreement shall be as valid as an original signature of such party and shall be effective to bind such party to this Agreement. The parties agree that the electronically signed document (including this Agreement) shall be deemed (i) to be "written" or "in writing," (ii) to have been signed and (iii) to constitute a record established and maintained in the ordinary course of business and an original written record when printed from electronic files. Such paper copies or "printouts," if introduced as evidence in any judicial, arbitral, mediation or administrative proceeding, will be admissible between the parties to the same extent as physical signed document.


SERVICE PROVIDER'S TERMS AND CONDITIONS FOR VEHICLE MAKE OF 2 WHEELERS


The Service Provider acknowledges and agrees that the Vehicle with which he/she chooses to provide Services shall be:


1.1. to operate in compliance with all applicable laws.


1.2. properly registered, insured and licensed in accordance with law to operate as a passenger transportation Vehicle, a shared mobility Vehicle and/or Vehicle to transport/deliver Services.


1.3. must wear helmet while driving the Vehicle.


1.4. to keep the Vehicle engine turned while providing the Services except upon reaching the origin and/or destination.


1.5. to maintain proper speed limit as prescribed by the Government Authority.


1.6. suitable for performing the Services. and


1.7. maintained the Vehicle in good operating condition, consistent with industry safety and maintenance standards for a Vehicle of its kind and any additional standards or requirements in the applicable Branch Location, and in a clean and sanitary condition.


The Service Provider may or may not have ownership as to the right, title and interest on the Vehicle and is responsible and liable for all loss or damages as to any matter arising from the vehicle including the claims, demands, charges, expenses, show cause, detention, litigation cases, actions from Government Authority and but not limited to objections, etc. as may be raised by a third party, family or related members, appropriate authorities, police functionary, etc. and shall keep TIFT indemnified from all such claims from time to time during the course during the term of this Agreement. The Service Provider shall also provide TIFT the requisite documents as prescribed under Annexure A to furnish the Vehicle owner details.


Service Provider makes himself/herself available to undertake Services as and when a request for the same is placed by User through TIFT Platform.


If required, the Service Provider may use his personal Vehicle or acquire a Vehicle from a third party (“Service Provider Vehicle") for providing the Services. No Vehicle of any kind shall be provided by TIFT under any circumstances and TIFT will not be liable to settle any claims or pay any amounts in regard to any accidental claims, insurance claims, tolls and all expenses with regard to the acquisition and maintenance of the Service Provider Vehicle are to be borne by the Service Provider solely.


The Service Provider shall ensure that the Service Provider Vehicle is well maintained and in good condition so that there are no delays in rendering Services.


All expenses incurred in maintaining, running and riding the Service Provider Vehicle shall be borne exclusively by the Service Provider.


The Service Provider shall hold and possess a valid driving license and a valid registration number for the Service Provider Vehicle, if required under the Applicable Law for the Vehicle used by the Service Provider for providing Services, which are up to date and in subsistence throughout the Term of these Service Provider T&C. Copies of the driving license as well as the registration certificate of the Service Provider Vehicle, including any other Service Provider Information, shall be handed to TIFT before commencing Services or at any other time deemed appropriate by TIFT.


The Service Provider shall have a valid and adequate insurance coverage to the Service Provider Vehicle. Service Provider shall ensure that the insurance is valid, up to date and in subsistence throughout the Term of these Service Provider T&C. A copy of the insurance policy shall be given by the Service Provider to TIFT. The Service Provider further confirms that all premium payments towards the insurance policy shall be paid exclusively by the Service Provider. Under no circumstances shall TIFT be liable to make any payment with respect to such insurance.


During the course of undertaking Services, the Service Provider shall conduct himself with honesty, discipline and in accordance with the policies and instructions of TIFT, whether presently in force or adopted in the future, including but not limited to safety, driving rules, etc. The Service Provider shall comply with the Applicable Laws as required to be complied with by any person driving Vehicles.


Service Provider shall not commit any fraud while providing Services or otherwise commit any act or omission, to gain any undue advantage. Service Provider agrees and acknowledges that in case TIFT believes that the Service Provider has committed any of the foregoing while undertaking Services, TIFT shall, in addition to its right to terminate the Agreement and these Service Provider T&C, in its sole discretion reserve the right to (a) disable the Service Provider from undertaking Services through TIFT Platform for such time as it deems fit and /or (b) deduct the undue gain made by the Service Provider through the fraudulent orders from the pay out including incentives/Fees thereof and/or the Security Deposit, if any. This right to withhold pay out including incentives/Fees thereof may also be exercised by TIFT in the event service parameter guidelines, as prescribed by TIFT from time to time, are not met.


At no time whatsoever shall the Service Provider tamper, damage, open or do anything to the consignments of the Users that he/she is not specifically permitted to do. In case TIFT suffers any loss due to the Service Provider tampering, damaging or opening the packaging of consignments of the Users, TIFT shall have the right to recover any loss, if any, from the payments required to be made by TIFT to the Service Provider under the Agreement or these Service Provider T&C.


The Service Provider acknowledges that the goodwill and reputation of TIFT is at stake with how effectively and efficiently the Service Provider render Services pursuant to these Service Provider T&C. Accordingly, the Service Provider shall not do any act that adversely affects TIFT and undertakes to be in compliance with Applicable Law at all times and protect the brand image, business reputation or any other asset/property of TIFT.


While logged-in TIFT Platform, the Service Provider shall not engage in any illegal activity or perform any actions that are contrary to Applicable Law.


All Confidential Information procured shall at all times be kept confidential and used only for the limited permitted purposes of rendering Services.


The Service Provider is not entitled to claim reimbursement of hospitalization/ hospital bills that may be incurred by the Service Provider while rendering Services or incurred by his family members for any unfortunate accidents or severe illness, during the subsistence of Agreement and these Service Provider T&C.


The Service Provider shall not resort to the below mentioned acts/ commission/ omission of events:


16.1. Any violation or breach of any term of these T&Cs.


16.2. If the Service Provider, in the opinion of TIFT, misuses the Portal.


16.3. failure to verify or authenticate Service Provider Information.


16.4. Misbehavior, rude behavior with the staff of TIFT, customers or any other persons associated with TIFT.


16.5. Any acts involving criminal offence punishable under law, including physical assault, threatening any of the staff of TIFT, person associated with TIFT and any other persons.


16.6. Concealment of fact/material information while entering into a contract with TIFT.


16.7. Poor & irregular for work, meetings and failure to abide by the rules/terms of the contract.


16.8. Drunk while on duty and drunken behaviour.


16.9. Commission of fraud/ misappropriation/embezzlement for undue monetary gain, which is against the interest of TIFT.


16.10. Negligence in performing the duty, causing damage of moveable and immoveable assets of TIFT, its employees, customers.


16.11. Indulging in spreading content through digital media, social networking sites, or any other form, which could be detrimental to TIFT's brand and its image. Indulging in acts such as creating ruckus/ strike/ or any activity against TIFT, which could be detrimental to TIFT's brand and its image.


16.12. Indulging in acts such as creating ruckus/ strike/ or any activity against TIFT, which could be detrimental to TIFT's brand and its image.


16.13 .Indulging in unauthorized disclosure of confidential information of TIFT to external agency, person, TIFT or organization.


16.14. Misuse of assets provided by TIFT, which could be detrimental to the interest of TIFT's brand and its image.


16.15. Absconding for more than 4 hours with any asset, item, money or any other valuable item belonging to TIFT, its employees, customers or other staff member(s).


16.16. Failure to abide by any of the rules and guidelines given by TIFT as part of service quality standards and principles and/or Code of Conduct. or


16.17. In case the background check, whether wholly or partially, is found negative at any point of time during the term of these T&Cs.


SERVICE PROVIDER'S TERMS AND CONDITIONS FOR VEHICLE MAKE OF 3 WHEELERS AND 4 WHEELERS


The Service Provider acknowledges and agrees that the Vehicle with which he/she chooses to provide Services shall be:


1.1. to operate in compliance with all applicable laws.


1.2. properly registered, insured and licensed in accordance with law to operate as a passenger transportation Vehicle, a shared mobility Vehicle and/or Vehicle to transport/deliver Services.


1.3. must apply the seat belt while driving the Vehicle.


1.4. to keep the pollution certifications in place.


1.5.to maintain proper speed limit as prescribed by the Government Authority.


1.6. to check and maintain that before the departure of the locations, the Vehicle is under the responsibility of the Service Provider deployed therein at the time of loading of the consignment to check and verify that all such consignments are loaded in absolutely sealed containers/packages. Post verification of the same, they should affix their sign and seal as well as a token of verification. If any loss and/or damage arises due to any such seal/lock cutting incident, then the Service Provider shall be immediately liable to report such incident at the nearest police station by way of lodging a First Information Report and thereby immediately take pictures/photographs of the same and report such incident to the nearest office of the Company and shall thereby handover the copy of the FIR together with the photographs. In case of any deviation and/or contravention/non-compliance, the Service Provider shall be solely responsible and liable to make good all the consequential loss/damage arising therefrom which is inclusive but not limited to payment of incidental expenses relating to the same, viz. Police Station Expenses for the lodging of the FIR, travelling expenses of the representative of the TIFT to manage such incident.


1.7. suitable for performing the Services. and


1.8. maintained the Vehicle in good operating condition, consistent with industry safety and maintenance standards for a Vehicle of its kind and any additional standards or requirements in the applicable Branch Location, and in a clean and sanitary condition.


1.9. The Service Provider may or may not have ownership as to the right, title and interest on the Vehicle and is responsible and liable for all loss or damages as to any matter arising from the vehicle including the claims, demands, charges, expenses, show cause, detention, litigation cases, actions from Government Authority and but not limited to objections, etc. as may be raised by a third party, family or related members, appropriate authorities, police functionary, etc. and shall keep TIFT indemnified from all such claims from time to time during the course during the term of this Agreement. The Service Provider shall also provide TIFT the requisite documents as prescribed under Annexure A to furnish the Vehicle owner details.


1.10. Service Provider makes himself/herself available to undertake Services as and when a request for the same is placed by User through TIFT Platform.


The Service Provider may or may not have ownership as to the right, title and interest on the Vehicle and is responsible and liable for all loss or damages as to any matter arising from the vehicle including the claims, demands, charges, expenses, show cause, detention, litigation cases, actions from Government Authority and but not limited to objections, etc. as may be raised by a third party, family or related members, appropriate authorities, police functionary, etc. and shall keep TIFT indemnified from all such claims from time to time during the course during the term of this Agreement. The Service Provider shall also provide TIFT the requisite documents as prescribed under Annexure A to furnish the Vehicle owner details.


Service Provider makes himself/herself available to undertake Services as and when a request for the same is placed by User through TIFT Platform.


If required, the Service Provider may use his personal Vehicle or acquire a Vehicle from a third party (“Service Provider Vehicle") for providing the Services. No Vehicle of any kind shall be provided by TIFT under any circumstances and TIFT will not be liable to settle any claims or pay any amounts in regard to any accidental claims, insurance claims, tolls and all expenses with regard to the acquisition and maintenance of the Service Provider Vehicle are to be borne by the Service Provider solely.


The Service Provider shall ensure that the Service Provider Vehicle is well maintained and in good condition so that there are no delays in rendering Services.


All expenses incurred in maintaining, running and riding the Service Provider Vehicle shall be borne exclusively by the Service Provider.


The Service Provider shall hold and possess a valid driving license and a valid registration number for the Service Provider Vehicle, if required under the Applicable Law for the Vehicle used by the Service Provider for providing Services, which are up to date and in subsistence throughout the Term of these Service Provider T&C. Copies of the driving license as well as the registration certificate of the Service Provider Vehicle, including any other Service Provider Information, shall be handed to TIFT before commencing Services or at any other time deemed appropriate by TIFT.


The Service Provider shall have a valid and adequate insurance coverage to the Service Provider Vehicle. Service Provider shall ensure that the insurance is valid, up to date and in subsistence throughout the Term of these Service Provider T&C. A copy of the insurance policy shall be given by the Service Provider to TIFT. The Service Provider further confirms that all premium payments towards the insurance policy shall be paid exclusively by the Service Provider. Under no circumstances shall TIFT be liable to make any payment with respect to such insurance.


During the course of undertaking Services, the Service Provider shall conduct himself with honesty, discipline and in accordance with the policies and instructions of TIFT, whether presently in force or adopted in the future, including but not limited to safety, driving rules, etc. The Service Provider shall comply with the Applicable Laws as required to be complied with by any person driving Vehicles.


Service Provider shall not commit any fraud while providing Services or otherwise commit any act or omission, to gain any undue advantage. Service Provider agrees and acknowledges that in case TIFT believes that the Service Provider has committed any of the foregoing while undertaking Services, TIFT shall, in addition to its right to terminate the Agreement and these Service Provider T&C, in its sole discretion reserve the right to (a) disable the Service Provider from undertaking Services through TIFT Platform for such time as it deems fit and /or (b) deduct the undue gain made by the Service Provider through the fraudulent orders from the pay out including incentives/Fees thereof and/or the Security Deposit, if any. This right to withhold pay out including incentives/Fees thereof may also be exercised by TIFT in the event service parameter guidelines, as prescribed by TIFT from time to time, are not met.


At no time whatsoever shall the Service Provider tamper, damage, open or do anything to the consignments of the Users that he/she is not specifically permitted to do. In case TIFT suffers any loss due to the Service Provider tampering, damaging or opening the packaging of consignments of the Users, TIFT shall have the right to recover any loss, if any, from the payments required to be made by TIFT to the Service Provider under the Agreement or these Service Provider T&C.


The Service Provider acknowledges that the goodwill and reputation of TIFT is at stake with how effectively and efficiently the Service Provider render Services pursuant to these Service Provider T&C. Accordingly, the Service Provider shall not do any act that adversely affects TIFT and undertakes to be in compliance with Applicable Law at all times and protect the brand image, business reputation or any other asset/property of TIFT.


While logged-in TIFT Platform, the Service Provider shall not engage in any illegal activity or perform any actions that are contrary to Applicable Law.


All Confidential Information procured shall at all times be kept confidential and used only for the limited permitted purposes of rendering Services.


The Service Provider is not entitled to claim reimbursement of hospitalization/ hospital bills that may be incurred by the Service Provider while rendering Services or incurred by his family members for any unfortunate accidents or severe illness, during the subsistence of Agreement and these Service Provider T&C.


The Service Provider shall not resort to the below mentioned acts/ commission/ omission of events:


16.1. Any violation or breach of any term of these T&Cs.


16.2. If the Service Provider, in the opinion of TIFT, misuses the Portal.


16.3. failure to verify or authenticate Service Provider Information.


16.4. Misbehavior, rude behavior with the staff of TIFT, customers or any other persons associated with TIFT.


16.5. Any acts involving criminal offence punishable under law, including physical assault, threatening any of the staff of TIFT, person associated with TIFT and any other persons.


16.6. Concealment of fact/material information while entering into a contract with TIFT.


16.7. Poor & irregular for work, meetings and failure to abide by the rules/terms of the contract.


16.8. Drunk while on duty and drunken behaviour.


16.9. Commission of fraud/ misappropriation/embezzlement for undue monetary gain, which is against the interest of TIFT.


16.10. Negligence in performing the duty, causing damage of moveable and immoveable assets of TIFT, its employees, customers.


16.11. Indulging in spreading content through digital media, social networking sites, or any other form, which could be detrimental to TIFT's brand and its image.


16.12. Indulging in acts such as creating ruckus/ strike/ or any activity against TIFT, which could be detrimental to TIFT's brand and its image.


16.13. Indulging in unauthorized disclosure of confidential information of TIFT to external agency, person, TIFT or organization.


16.14. Misuse of assets provided by TIFT, which could be detrimental to the interest of TIFT's brand and its image.


16.15. Absconding for more than 4 hours with any asset, item, money or any other valuable item belonging to TIFT, its employees, customers or other staff member(s).


16.16. Failure to abide by any of the rules and guidelines given by TIFT as part of service quality standards and principles and/or Code of Conduct. or


16.17. In case the background check, whether wholly or partially, is found negative at any point of time during the term of these T&Cs.


ANNEXURE A


Details of Vehicles and Drivers with No Objection Certificate. Documents Required:


PAN card Number

Aadhaar Number and

Driving License Number

*Driver-Partner Terms and Conditions will be available in all the applicable languages in the next 6 to 9 months.