Service Level Agreement

LAST UPDATED: JANUARY, 2023

1.PLEASE ENSURE THAT YOU READ AND UNDERSTAND THIS SERVICE LEVEL AGREEMENT BEFORE YOU USE Saavncab APPLICATIONS. If you continue to browse and use our website and mobile apps, you are agreeing to comply with and be bound by the following Service Level Agreement that govern the relationship between Saavncab, Shop No 10,Swimming Tank Building Near Akurdi Railaway Station,Pradhikaran,Nigdi Pune, hereinafter referred to as "Saavncab", and you, hereinafter referred to as "Partner/Driver".

2.The parties hereto agree as follows:

2.1 Saavncab provides services for the purpose of providing lead generation to transportation service providers. Saavncab receives requests from the users of Saavncab’s various applications such as the website, mobile apps, phone calls and other means. Saavncab transfers these requests to the authorized transportation provider/ "Partner/Driver". The "Partner/Driver" seek, receive and fulfil the requests provided to them from Saavncab.

2.2 The "Partner/Driver" acknowledges and agrees that Saavncab is only a technology platform to provide various transportation or logistics services through its Partner/Drivers who are independent third party contractors not employed by Saavncab and that Saavncab does not provide transportation services or function as a transportation carrier or operate as an agent for the transportation of passengers.

3.Saavncab and the "Partner/Driver" mutually agree to be bound by the following terms and conditions set forth (electronic or otherwise) in this Agreement.

4. Definitions

14.1 "Driver" means a principal, agent, employee or contractor of the Partner/Driver who: (a) fulfills the then-current Saavncab requirements to be an active driver using the Saavncab services; (b) is authorized by Saavncab to access the Saavncab services to provide transportation services on behalf of the Partner/Driver or on own account, as the case may be; and (c) is verified by the Partner/Driver (except when acting on own account) and whose names are forwarded to Saavncab by the Partner/Drivers for passing off the leads to them directly.

4.2 "Users" means a customer end user, not being a minor (under the age of 18 years), of the various applications of Saavncab like the website, the mobile application and call centre numbers, for the purpose of obtaining transport services offered by Saavncab’s transportation "Partner/Driver". If the User is below the age of 18 (eighteen) years, he/she shall read these terms with their parent or legal guardian, and in such a case these terms shall be deemed to be a contract between Saavncab and User’s legal guardian or parent and to the extent permissible under applicable laws, enforceable against the User. We reserve the right on a case by case basis to demand documented proof that User’s parent or legal guardian's consent has been granted.

4.3 "Vehicle" means any vehicle owned, leased or hired by the Partner/Driver that: (a) fulfills the then-current Saavncab requirements for a vehicle on the Saavncab platform; and (b) is authorized by Saavncab for use by a Driver for the purpose of providing transportation services on behalf of the Partner/Driver.

5.Partner/Driver Relationship with Users

5.1 Partner/Driver acknowledges and agrees that Partner/Driver's provision of transportation services to Users creates a legal and direct business relationship between Partner/Driver and the User, to which Saavncab is not a party, Saavncab is not responsible or liable for the actions or inactions of User in relation to the activities of Partner/Driver, its Driver or of any Vehicle. Partner/Driver shall have the sole responsibility for any obligations or liabilities of Users or third parties that arise from its provision of transportation services on Saavncab platform. Partner/Driver acknowledges and agrees that they and their Drivers are solely responsible for taking such precautions as may be reasonable and proper (including maintaining adequate insurance and necessary papers that fulfills the requirements of all applicable laws) regarding any acts or omissions of a user or third party. Partner/Driver shall be solely responsible for not having the necessary papers and details of the vehicle and any outcome including fine, penalty, damages, etc. arising from such action. Partner/Driver shall bear all the costs for not complying any law applicable at that time. Partner/Driver acknowledges and agrees that Saavncab may release disclose the contact and/or insurance information of Partner/Driver and/or a Driver to a User upon such User's reasonable request. Partner/Driver acknowledges and agrees that, unless specifically consented to by a User, neither Partner/Driver nor Driver may transport or allow inside any Vehicle, individuals other than a User and any individuals authorized by such User during the performance of Transportation services for such User. Partner/Driver acknowledges and agrees, and shall ensure that its Drivers agree, that all Users should be transported directly to their specified destination, as directed by the applicable User, without unauthorized interruption or unauthorized stops.

5.2 Partner/Driver is free to take any action against the User in case any dispute but not limited to misbehave, destroying or damaging the vehicle or non-payment of the agreed amount, etc. arises between them. Saavncab shall not be responsible in any manner whatsoever for any dispute arising between the Partner/Driver and the User and Saavncab shall be indemnified by the parties. Saavncab at its sole discretion shall assist the Partner/Driver in all reasonable manner at every level.

6. Partner/Driver's Relationship with Saavncab

6.1 Partner/Driver acknowledges and agrees that Saavncab’s provision to Partner/Driver of the various applications (like website, mobile app, calls etc.) of Saavncab and the Saavncab’s services creates a legal and direct business relationship between Saavncab and Partner/Drivers. Partner/Driver shall be an independent contractor of Saavncab and this agreement shall not be deemed and understood to create any relationship of agency, partnership or joint venture between Saavncab and Partner/Driver. The Partner/Driver shall not represent the same to any third party for any reason whatsoever. Saavncab is not and shall not be deemed to be in direct control of the Partner/Drivers or its Drivers generally or in their performance under this agreement specifically. Saavncab has no concern to any of the operations of the Partner/Driver's business, the transportation services, the acts or omissions of the Driver of the operation and maintenance of any Vehicle. Partner/Drivers and its Drivers retain the sole right to determine when and for how long each of them will utilize the services of Saavncab. Partner/Drivers and its Drivers have the option to enter in to the contract with Saavncab or to leave it however once they choose to leave the agreement they surrender all their rights to use the name of Saavncab in any way or to use any such information or logo or the nameplate to indicate that they are still connected with Saavncab. The Partner/Drivers entering into this contract with Saavncab retains the complete right to provide transportation services to its existing customer Users, the conditions of this contract shall be valid only if the Partner/Driver or the Driver of the Partner/Driver uses the leads provided by various applications of Saavncab. Saavncab retains the right to, at any time in sole discretion, to deactivate or otherwise restrict customer Users or any Driver from accessing or using the services of Saavncab in the event of a violation of this agreement, or by any act of the Partner/Driver or the Driver’s act or omission that causes harm to Saavncab’s brand, reputation or business as determined by Saavncab in its sole discretion. Saavncab also retains the right to deactivate or otherwise restrict Partner/Driver or any Driver from accessing or using the services or the various applications of Saavncab for any other reason at the sole and reasonable discretion of Saavncab along with recovery of damages from the Partner/Driver.

7.Partner/Driver's Relationship With Drivers

7.1 Partner/Drivers shall have the sole responsibility for any obligation or liability to Drivers that arise from its relationship with its Drivers (in the capacity of agent, employee, contractor or otherwise) including but not limiting to (including provisions of transportation services). Partner/Drivers acknowledges and agrees that it exercises sole control over the Drivers and will comply with all applicable laws ( including tax, social security, insurance and employment laws, etc. ) governing or otherwise applicable to its relationship with the Drivers. Partner/Driver acknowledges and agrees that it is at all times responsible and liable for the acts and omissions of its Drivers vis-à-vis Users and Saavncab and Partner/Driver shall ensure that the Driver is compliant with all applicable laws.

7.2 A Partner/Driver acknowledges and agrees that: (a) after receiving transportation services, a User will be prompted by Saavncab's various applications to provide a rating of such transportation services and Driver and, optionally, to provide comments or feedback about such transportation services and Driver; and (b) after providing transportation services, the Driver may be prompted by Saavncab's various applications, optionally, to provide rating, comments or feedback about the user. Saavncab shall instruct all Drivers to provide ratings and feedback in good faith.

8.Drivers and Vehicles Requirements

8.1 Driver Requirements

8.1.1 Partner/Drivers acknowledges and agrees that each Driver shall at all times:

(a) hold and maintain (i) a valid Driver's license with the appropriate level of certification to operate the Vehicle assigned to such Driver, and (ii) all licenses, permits, approvals and authority applicable to customer and/or driver that are necessary to provide passenger transportation services to third parties in the territory; (iii) A valid third party insurance and a valid pollution certificate.

(b) Possess the appropriate and current level of training, expertise and experience to provide transportation services in a professional manner with due skill, care and diligence, he should be in a neat and clean attire and maintain a good level of hygiene; and

(c) wear mask, maintain social distancing, keep sanitizer and regularly sanitize the vehicle, specially the parts like door handles, dashboard, gear shifter, key fob, steering wheel, external touch points; and all government guidelines regarding prevention of COVID-19 must be followed.

(d) Smoking, Alcohol and Narcotic consumption is strictly prohibited.

(e) Maintain high standards of professionalism, service and courtesy. Partner/Drivers acknowledges and agrees that each Driver may be subject to certain background and driving record checks from time to time in order for such driver to qualify to provide, and remain eligible to provide, and remain eligible to provide, transportation services. In addition, if Partner/Driver are using the Saavncab's various applications to provide transportation services in conjunction with operating a cab ("cab services") such Partner/Driver and/or Driver shall comply with all applicable laws with respect thereto. Partner/Driver acknowledges and agrees that Saavncab reserves the right, at any time in Saavncab's sole discretion, to deactivate or otherwise restrict a Driver from accessing or using its platform of services or the Saavncab services if customer User or such Driver fails to fulfill the requirements set forth in this agreement.

8.2 Vehicle Requirements

8.2.1 Partner/Drivers acknowledges and agrees that each Vehicle shall at all times be: (a) properly registered and licensed to operate as a passenger transportation vehicle in the territory; (b) owned or leased by Partner/Driver, or otherwise in Partner/Driver's lawful possession; (c) suitable for performing the passenger transportation services contemplated by this agreement; and (d) maintained in good operating condition, consistent with industry safety and maintenance standards for a Vehicle of its kinds and any additional standards or requirements in the applicable territory, and in a clean and sanitary condition. The Partner/Driver is solely responsible for any costs for mechanical failure due to usage of Vehicle for providing services on Saavncab platform. The Driver shall be responsible to inform the Partner/Driver in case of such mechanical failure during normal usage and Saavncab shall have no onus for the same.

8.3 Documentation

8.3.1 To ensure Partner/Driver's and each of its Driver's compliance with all requirements in sections as above, Partner/Drivers must provide Saavncab with written copies of all such licenses, permits, approvals, authority, registrations and certifications prior to Partner/Driver's and the applicable Drivers' provision of any transportations services. Thereafter, Partner/Drivers must submit to Saavncab written evidence of all such licenses, permits, approvals, authority, registrations and certifications as they are renewed. Saavncab shall, upon request, be entitled to review such licenses, permits, approvals, authority, registrations and certifications from time to time, and Partner/Driver’s failure to provide or maintain any of the foregoing shall constitute a material breach of this agreement. Saavncab reserves the right to independently verify customer’s and/or any Driver’s documentation from time to time to time in any way Saavncab deems appropriate in its reasonable discretion and the charges incurred on that shall not be refundable or be adjusted.

9.Payment policy and Fare Adjustment

9.1 By agreeing to this agreement, Partner/Driver agrees to our pricing policy and payment policy as given below:

9.1.1 Saavncab reserves the right to change its fare/pricing policy from time to time. In particular, Saavncab may at its sole discretion introduce new services and modify some or all of the existing services offered on Saavncab platform. In such an event Saavncab reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. All payments for the same shall be compulsorily in Indian Rupees acceptable in the Republic of India.

9.1.2 Partner/Drivers will get the prices for each individual instance of transport service request on Saavncab mobile app. Partner/Driver reserves the right to accept the request or not. Partner/Driver is responsible for getting the payment from customer at completion of the service request i.e. at end of the journey.

9.1.3 Saavncab reserves the right to (i) make adjustments in the Fare for certain cases of giving inappropriate transportation services which causes loss to the User or to the Saavncab for instance Drivers taking long routes, the Vehicle is not as per the standards, Driver not following proper instructions provided to him, inordinate delay in providing the services. (ii) cancel the Fare for a particular instance of transportation services (e.g., A User is charged for transportation services that were not provided or in the event of a User complaint, fraud, etc.) Saavncab’s decision to reduce or cancel the fare in any such manner shall be exercised in a reasonable manner.

9.2 Partner/Drivers irrespective of they are the members of any category or not need to maintain non-refundable minimum balance, as defined by Saavncab, in their account to get business from Saavncab. Not having the minimum balance may attract penalty or any charges be imposed by Saavncab at its sole discretion.

9.3 Saavncab reserves the right to charge a penalty of 0-10% of total fare amount to Partner/Driver in case of cancellation or delay in providing the transportation services after accepting a booking.

9.4 Saavncab reserves the right to define and charge penalties for inappropriate services provided by the Partner/Driver and Saavncab’s decision in determining inappropriate services shall be final and binding on the Partner/Driver, Driver and/or User. The set of inappropriate service actions and the corresponding penalties will be communicated to Partner/Drivers through email or SMS or Saavncab's mobile app notification. Saavncab will do due diligence to ensure the occurrence of inappropriate service. Saavncab reserves the right to take the final decision on this and to update the inappropriate service actions and penalties from time to time.

9.5 Saavncab reserves the right to take proper and suitable action as per the laws applicable wherein the grave offences like sexual harassment is either reported or found. Saavncab does not entertain any demand of compensation or else unless Saavncab examine the situation in an independent manner and on case-to-case basis. However, Saavncab shall always endeavor to provide healthy and conducive environment

10.Membership

10.1 Saavncab reserves the right to offer memberships to Partner/Driver at any price. All fees for membership are payable in advance of the provision of the service and are non-refundable.

10.2 Saavncab DOES NOT GUARANTEE any minimum number of cab bookings, increase in leads or any sales as a result of your purchase of membership. It's just provision for a better chance of accepting cab bookings for a member Partner/Driver compared to a non-member Partner/Driver.

10.3 Saavncab reserves the right to add, remove, update or modify features of memberships or define various types of memberships and to modify the website(s), without notification to you.

10.4 You will receive the membership for the period of time identified at the time of purchase. Saavncab reserves the right to terminate the membership at any time and refund you for fees for the remaining period of membership.

11.Cabs

11.1The Partner/Driver acknowledges and agrees that it is required to: (a) complete all tax registration obligations and calculate and remit all tax liabilities related to the provision of transportation services as required by applicable law; and (b) provide Saavncab with all relevant tax information (including a valid GST number belonging to Partner/Driver and/or any Driver by applicable law). Partner/Driver further acknowledges and agrees that Partner/Driver and each of its Drivers are responsible for taxes on their own income arising from the performance of transportation services. Notwithstanding anything to the contrary in this agreement, Saavncab may in its reasonable discretion based on applicable tax and regulatory considerations, collect and remit taxes resulting from Partner/Driver's and/or any Driver's provision of transportation services and/or provide any of the relevant tax information pertaining to the Partner/Driver directly to the applicable government tax authorities on Partner/Driver's and/or the applicable Driver's behalf or otherwise.

12.Intellectual Property

12.1 The Saavncab services, Saavncab logo, Saavncab website, Saavncab mobile application and Saavncab data, including all other intellectual property rights therein, and the Saavncab devices are and shall remain the property of Saavncab. Neither this agreement nor Partner/Drivers' use of the Saavncab services, its Various applications or Saavncab Data, conveys or grants to Partner/Driver any rights: (a) in or related to the Saavncab services, its various applications or Saavncab Data, except for the limited license granted as above; or (b) to use or reference in any manner Saavncab’s company names, logos, product and service names, trademarks, service marks or other indicia of ownership. Additionally, Partner/Driver acknowledges Saavncab rights in its Saavncab family of trademarks and names, including Saavncab, alone and in combination with other letters, punctuation, words, symbols and/or designs. Partner/Driver agrees it will not, and it will ensure that its Drivers do not, try to register or otherwise claim ownership in any of the Saavncab marks and names, alone or in combination with other letters, punctuation, words, symbols and/or designs, or in any confusingly similar mark or name. Partner/Driver and/or Driver shall not (i) reproduce, modify or prepare derivative works of applications of Saavncab; (ii) decompile, reverse engineer or dissemble the services of Saavncab; except as may be expressly permitted by Saavncab.

13.Term

13.1 This agreement shall commence of the date that the agreement in any format is executed by Partner/Driver (electronically or otherwise) and shall continue until terminated as set forth herein.

14.Termination

14.1 Either party may terminate this agreement: (a) without cause at any time upon seven (7) days prior notice to the other party ; (b) immediately, without notice, for the other party's material breach of this agreement; or (c) immediately, without notice, in the event of the insolvency or bankruptcy of the other party, or upon the other party's filing or submission of request for suspension of payment (or similar action or event) against the terminating party. In addition, Saavncab may terminate this agreement or deactivate customer or a particular Driver immediately, without notice, with respect to Partner/Driver and/or any Driver in the event Partner/Driver and/or any Driver, as applicable, no longer qualifies, under applicable law or the standards and policies of Saavncab, to provide transportation services or to operate the Vehicle, or as otherwise set forth in this agreement.

15.Indemnity

15.1 Partner/Driver agrees to indemnify and hold Saavncab and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) Saavncab’s use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Providers.

16.Jurisdiction

16.1 The terms shall be construed in accordance with Indian law and the parties hereby submit to the exclusive jurisdiction of the courts of Delhi, India to settle any disputes which may arise in connection with the terms of this agreement. Any dispute, claim or controversy arising out of or relating to these Service Lever Agreement or the breach, termination, enforcement, interpretation or validity thereof or the use of the Site, the Service or the Application (collectively, “Disputes”) the parties shall attempt to settle the same amicably, through negotiation and consultation at such offices of Saavncab as Saavncab may designate. In the event the dispute is not resolved internally between after at least 30 (thirty) days of negotiation, in good faith, the same shall be subject to binding and final arbitration in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time or in case the Arbitration and Conciliation Act, 1996 is no longer in force, as per any law relating to arbitration in force at the time of such reference. Each party to the dispute shall appoint arbitrator each and the two Arbitrators shall appoint the third or the presiding Arbitrator. The venue and seat of the arbitration shall be Gurugram, Haryana, India. Subject to the above, any Dispute will be subject to the exclusive jurisdiction of courts in Gurugram, Haryana, India.

17.Disclaimer, Limitation of Liability and Indemnity

17.1 THE SERVICES, CONTENT AND ANY THIRD PARTY CONTENT ARE PROVIDED BY Saavncab ON AN “AS IS” BASIS AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, Saavncab MAKES NO WARRANTY THAT (I) THE WEBSITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS OR YOUR USE OF THE WEBSITE OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (II) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR SERVICES WILL BE EFFECTIVE, ACCURATE OR RELIABLE; (III) THE QUALITY OF THE WEBSITE OR SERVICES WILL MEET YOUR EXPECTATIONS; OR THAT (IV) ANY ERRORS OR DEFECTS IN THE WEBSITE OR SERVICES WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Saavncab OR THROUGH THE WEBSITE / CONTENT OR FROM USE OF THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

17.2 YOU AGREE TO INDEMNIFY, DEFEND AND HOLD Saavncab HARMLESS, INCLUDING ITS DIRECTORS, EMPLOYEES AND AGENTS FROM AND AGAINST ANY AND ALL LOSSES, LIABILITIES, CLAIMS, DAMAGES, COSTS AND EXPENSES (INCLUDING LEGAL FEES AND DISBURSEMENTS IN CONNECTION THEREWITH AND INTEREST CHARGEABLE THEREON) ASSERTED AGAINST OR INCURRED BY Saavncab THAT ARISE OUT OF, RESULT FROM, OR MAY BE PAYABLE BY VIRTUE OF, ANY BREACH OR NON-PERFORMANCE OF ANY REPRESENTATION, WARRANTY, COVENANT OR AGREEMENT MADE OR OBLIGATION TO BE PERFORMED BY YOU PURSUANT TO THIS AGREEMENT OR PRIVACY POLICY. THE INDEMNITIES SHALL SURVIVE BEYOND THE PERIOD OF YOUR USAGE OF WEBSITE OR Saavncab SERVICES.

18.Grievance Officer

18.1 In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:

Address: Shop No.10, Swimming Tank Building Near Akurdi Railway Station, Pradhikaran, Nigdi, Pune - 411044

Email: contact@saavncab.com