Terms & Conditions Of SMK Ride To Book a Taxi Booking, Hiring or Rental

This Site/ Application/ Services is/are operated /provided by RisingMithila Business Private Limited.

These terms and conditions (“User Terms”) apply to your visit to and use, of the Site whether through a computer or a mobile phone or a tablet, the Service and the Application, as well as to all information, recommendations and or services provided to You on or through the Site, the Service and the Application.

This document is an electronic record in terms of Information Technology Act, 2000 and rules 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” button, you are consenting to be bound by these User Terms. PLEASE ENSURE THAT YOU READ AND UNDERSTAND ALL THESE USER TERMS BEFORE YOU USE THE SITE, THE SERVICE AND THE APPLICATION. If You do not accept any of the User Terms, then please do not use the Site or avail any of the services being provided therein. YOUR AGREEMENT TO THESE USER TERMS SHALL OPERATE AS A BINDING AGREEMENT BETWEEN YOU AND “SMK Ride” IN RESPECT OF THE USE AND SERVICES OF THE SITE.

Your acceptance of the User Terms shall be deemed to include your acceptance of the privacy policy available at our APP “SMK Ride” By accepting these User Terms, you also allow “SMK Ride” to send you promotional emails and SMS alerts from time-to-time.

1. DEFINITIONS

All the defined terms in these User Terms will have the meaning assigned to them here below:

(i) “Account” shall mean the account created by the Customer on the Application for availing the Services provided by “SMK Ride”.

(ii) “Additional Fee” (if applicable) shall mean any toll duty, taxes, etc. as may not be included in the Fare or not already paid as a part of the Total Ride Fee but payable to any third party / government authorities for undertaking the Ride under Applicable Law.

(iii) “Applicable Laws” shall mean and include all applicable statutes, enactments, acts of legislature or parliament, laws, ordinances, rules, by-laws, regulations, notifications, guidelines, policies, directions, directives and orders of any governmental authority, tribunal, or a court of Darbhanga, Bihar, India.

(iv) “Application” shall mean the mobile application ““SMK Ride” updated by “SMK Ride” from time-to-time.

(v) “Convenience Fee”/” Access Fee” (if applicable) shall mean the fee payable by the Customer to ““SMK Ride” for the Service i.e., for availing the technology services offered by “SMK Ride” door-to-door service, wi-fi access, customer support and cashless payment options. Convenience Fee (if any) shall be chargeable on every booking made through the Site. The Convenience Fee (if applicable) shall be exclusive of all applicable taxes on the Convenience Fee, if any.

(vi) “Cancellation Fee” shall mean the Fare and Convenience Fee payable towards cancellation of a Ride by a Customer in terms of Clause 7 of these User Terms and the Cancellation Terms and Conditions as applicable & decided by “SMK Ride”. The Cancellation Fee (if applicable) shall be exclusive of all applicable taxes on the Cancellation Fee, if any.

(vii) “City of Operation” shall mean a city in which the Customers and TPSPs (TPSPs is defined below in (xxi)) avail and render the transportation services respectively. For clarity, the services rendered by the TPSPs and availed by the Customers shall be in the same city.

(viii) “Customer/ You” means a person who has an Account on the Application.

(ix) “Driver” shall mean and include such individuals as may be evaluated, appointed and trained by an operator associated with us to provide the transportation services on its behalf and persons who are registered with “SMK Ride” and own the Vehicles and who have necessary city taxi permits and other applicable transport vehicle permits and licenses to provide transportation services within the City of Operation.

(x) “E-Wallet” (if applicable) shall mean a pre-paid instrument, which can be used to make payments.

(xi) “Fare” shall mean such amount in Indian Rupees, which is reflected on the Application, as the fare payable for the specific Ride performed by a Driver. The Fare shall be exclusive of all applicable taxes on the Fare, if any. In relation to Auto (a motor cab), the Fare shall be as prescribed by law and/or as stipulated by relevant authorities.

(xii) “Force Majeure Event” shall mean any event arising due to any cause beyond the reasonable control of “SMK Ride”

(xiii) “SMK Ride” or “us” or “we” or “our” shall mean RisingMithila Business Private Limited, a company incorporated under the provisions of the Companies Act, 1956 and having its corporate office at Near Custom Office, Khanka Chowk, Darbhanga – 846004, Bihar, India, which expression shall, unless it be repugnant to the context or meaning thereof, be deemed to mean and include all its successors, affiliates and permitted assigns.

(xiv) “Registration Data” shall mean and may include the present, valid, true and accurate name, email ID, phone number and such other information as may be required by “SMK Ride” from the Customer from time-to-time for registration on the Application.

(xv) “Ride” shall mean the travel in the Vehicle by the Customer facilitated through the Site.

(xvi) “Service(s)” means the facilitation of transportation service by “SMK Ride” through the Application or via a telephone request at the Service centre of “SMK Ride”, or booking on the Site, within the City of Operation, as elaborated in Clause 4.

(xvii) “Site” shall mean the Application and the website www.smkride.com operated by “SMK Ride” or any other software that enables the use of the Application or such other URL as may be specifically provided by “SMK Ride”

(xviii) “Substitute Vehicle” shall mean another vehicle arranged for transporting the Customers to his/her destination, in the event of a Vehicle breakdown.

(xix) “Total Ride Fee” shall mean and include the Fare, the Convenience Fee or Access Fee, the Cancellation Fee and Additional Fee and taxes as may be applicable from time-to-time.

(xx) “T&Cs” and “User Terms” shall mean these Customer terms and conditions.

(xxi) “TPSP” shall mean a Driver and/or an operator associated with us offering the service of transporting Customers within the City of Operation as requested by the Customer on the Application.

(xxii) “Vehicle” shall mean a motor cab or bike as defined under the MSMK Rideotor Vehicles Act,1988.

2. ELIGIBILITY

You will be “Eligible” to use the Services only when You fulfil all the following conditions: (i) You have attained at least 18 (eighteen) years of age. (ii) You are competent to enter in a contract under the Applicable Laws.

If You reside in a jurisdiction that restricts the use of the Service because of age or restricts the ability to enter into contracts such as this User Terms due to age, you must abide by such age limits.

Exceptions related to safety of women;

a) Bike/Motorcycle services provided by “SMK Ride” shall not be used for/by any female person any day even if she has attained 18 years of age.

b) All the services offered by “SMK Ride” shall not be used for/by any female person between 8 pm to 7 am if she is travelling alone.

c) Female person if travelling alone can avail all the services offered by “SMK Ride” daily between 7 am to 8 pm only.

d) Any female person if accompanied with a family member, relatives, or a friend of minimum 18 years of age, can avail the services offered by “SMK Ride” with no restriction on timing.

3. REGISTRATION AND ACCOUNT

3.1 You understand and acknowledge that You can register on the Site only after complying with the requirements of this Clause 3 and by entering Your Registration Data.

3.2 You shall ensure that the Registration Data provided by You is accurate, complete, current, valid and true and is updated from time-to-time. We shall bear no liability for false, incomplete, old or incorrect Registration Data provided by You.

3.3 You are solely responsible for maintaining the confidentiality of Your Registration Data and will be liable for all activities and transactions that occur through Your Account, whether initiated by You or any third party. Your Account cannot be transferred, assigned, or sold to a third party. We shall not be liable for any loss that You may incur as a result of someone else using Your password or Account, either with or without Your knowledge.

3.4 We reserve the right to suspend or terminate Your Account with immediate effect and for an indefinite period, if We have a reason to believe that the Registration Data or any other data provided by You is incorrect or false, or that the security of Your Account has been compromised in any way, or for any other reason We may find just or equitable.

3.5 Except for the Registration Data or any other data submitted by You during the use of any other service offered through Site (“Permitted Information”), “SMK Ride” does not want You to, and You should not, send any confidential or proprietary information to “SMK Ride” on the Site or otherwise, unless otherwise is required by Applicable Laws. In accepting these User Terms You agree that any information or materials that You or individuals acting on Your behalf provide to “SMK Ride” other than the Permitted Information will not be considered confidential or proprietary.

3.6 It is Your responsibility to check to ensure that You download the correct application for Your device. We are not liable if You do not have a compatible mobile device or if You download the wrong version of the Application for Your mobile device. We reserve the right to terminate the Service and the use of the Application should You be using the Service or Application with an incompatible or unauthorized device.

3.7 We allow You to open only one Account in association with the Registration Data provided by You. In case of any unauthorized use of Your Account please immediately reach Us at [email protected] .

3.8 In case, You are unable to access Your Account, please inform Us at [email protected] and make a written request for blocking Your Account. We will not be liable for any unauthorised transactions made through Your Account prior to the expiry of 24 (Twenty-Four) hours after You have made a request in writing for blocking Your Account and shall not have any liability in case of Force Majeure Event.

3.9 The driver and user both must have a device with Android or IOS Operating system to register and use our APP “SMK Ride”. Both the driver and user shall ensure that their Device is maintained in a proper manner. “SMK Ride” shall not be held responsible if your device is not functioning well and if your device does not have enough internet/data services plan required to use the APP correctly. You shall not use your Device for any illegal or unlawful purposes including but not limited to playing / watching pornographic content on your Device. You shall solely be responsible and liable for any violations of law committed by You and misuse of your Device (if any). In the event the Device is not functioning properly or if there is any technical or safety issue in relation to the APP “SMK Ride”, You shall immediately inform us about any such issue by calling our support Centre and/or sending an email to [email protected] . You shall use your device with due care and caution and not do anything or permit anything to be done that may cause damage to Your Device. If your Device is damaged and is not repairable, you shall not use your device for our service unless you replace it on your own. At any circumstances, “SMK Ride” shall not pay you any cost for damage or replacement of your device.

4. SERVICES

4.1. The Site permits you to avail the transportation services offered by TPSPs. The Service allows You to send a request through “SMK Ride” to a Driver on the “SMK Ride” network. The Driver has sole and complete discretion to accept or reject each request for Service. If the Driver accepts a request, “SMK Ride” notifies You and provides information regarding the Driver - including Driver name, Vehicle license number, telephone contact details of the Driver and such other details as, “SMK Ride” may determine.

4.2. “SMK Ride” shall procure reasonable efforts to bring You into contact with a Driver, subject to the availability of Driver in or around Your location at the moment of Your request for such services.

4.3. By using the Application or the Service, You further agree that: (i) You will only use the Service or download the Application for Your sole, personal use and will not resell or assign it to a third party; (ii) You will not use an account that is subject to any rights of a person other than You without appropriate authorization; (iii) You will not use the Service or Site for unlawful purposes; (iv) You will not try to harm the Service, Site or our network in any way whatsoever; (v) You will provide “SMK Ride” with such information and documents which “SMK Ride” may reasonably request; (vi) You will only use an authorized network to avail the Service; (vii) You are aware that when requesting Services, whether by message, via Site or calling the Service centre of “SMK Ride”, standard messaging charges, data charges, voice charges, as applicable, of the Your and Our phone network service providers, will apply; (viii) You will comply with all Applicable Law from Your country of domicile and residence and the country, state and/or city in which You are present while using the Site or Service; and (ix) You are aware of and shall comply with the Information Technology Act, 2000 and the rules, regulations and guidelines notified thereunder.

4.4. “SMK Ride” reserves the right to immediately terminate the Service and the use of the Application in the event of non-compliance with any of the above requirements. Further, “SMK Ride” will store the information provided by You or record your calls for contacting You for all Service-related matters. You shall promptly inform “SMK Ride” on any change in the information provided by You.

4.5. “SMK Ride” or an authorised representative of “SMK Ride” shall provide information regarding services, discounts and promotions (if applicable) provided by “SMK Ride” to You by way of an SMS or email to Your registered mobile number/registered email ID. You also have the option to discontinue receiving such information at any point of time. To discontinue receiving such information, you may at any point of time call our service centre or write to [email protected] to discontinue the same.

4.6. “SMK Ride” WILL BE ENTITLED TO PROCESS AND TRANSFER YOUR INFORMATION AS AND WHEN IT DEEMS FIT AND IT MAY STORE OR TRANSFER YOUR INFORMATION IN A SERVER OUTSIDE INDIA OR THE COUNTRY WHERE YOU ARE LOCATED IN ORDER TO PERFORM SMK Ride’s OBLIGATIONS UNDER THESE CUSTOMER T&C.

4.7. You agree to grant “SMK Ride” a non-exclusive, worldwide, perpetual, irrevocable, royalty- free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights You have in your information, in any media now known or not currently known, with respect to Your information. YOU AGREE AND PERMIT “SMK Ride” TO SHARE YOUR INFORMATION AND/OR PERMITTED INFORMATION, WITH THIRD PARTIES.

4.8. You agree and permit “SMK Ride” to share any information provided by You with third parties in order to facilitate provision of certain value-added services offered by such third parties to You and/or to provide certain value-added services to You by “SMK Ride”. You hereby expressly consent to receive communications from SMK Ride/ third parties offering value-added services to You through Your registered phone number and/or e-mail id and/or the Site. You agree that You will not hold “SMK Ride” responsible for any such communications received from third parties, nor will any such communication amount to spam, unsolicited communication or a violation of Your registration on the national do not call registry.

4.9“SMK Ride” will be entitled to enter any tie-up in terms of joint-venture or otherwise with any other institution engaged in the business of providing services analogous and/or similar to those herein contained. In such case, depending upon the modality and the mechanism as may be devised, you will be provided with the services by “SMK Ride” jointly and/or severally with the party/ies in joint venture. You hereby give Your irrevocable consent and permission to such a tie-up. In the event of such a tie-up, the terms and conditions herein contained will, mutatis mutandis, become applicable in respect of such tie-up arrangement also.

4.10. In the event of breakdown of the Vehicle, which is beyond repair, before completion of the Ride, “SMK Ride” on a best effort basis and at its sole discretion may arrange for a Substitute Vehicle for completion of Your Ride to Your destination. However, the arrangement of Substitute Vehicle shall be subject to its availability.

4.11. You acknowledge and agree that Substitute Vehicle may not be necessarily of the same type as the original Vehicle booked by You from the Site.

4.12. “SMK Ride” bears no responsibility and liability for delays and losses suffered by You or caused to You because of the breakdown of the Vehicle or the Substitute Vehicle.

5. CONFIRMATION OF BOOKING

5.1. “SMK Ride” shall, upon receiving the booking request from You in the manner set out above, proceed to confirm or decline the booking based on the availability of Vehicles at the pickup time, which shall be informed to You vide an SMS or email. In the event the booking is confirmed, You shall check the booking details including but not limited to pick up time and pick up place, and if there is incorrect detail, the same needs to be informed to us immediately by calling our service centre or sending email to [email protected] .

5.2. You shall bear the consequences and damages for any delay that may be caused to You due to Your failure to check the confirmation SMS or email or failure to inform “SMK Ride” of the incorrect details immediately.

6. PAYMENT

6.1“SMK Ride” shall charge Convenience Fee or Access Fee for the Service which shall be determined and amended at the sole and absolute discretion of “SMK Ride”. The Convenience Fee or Access Fee (if any) shall be payable by you to “SMK Ride” and shall be informed to you before you begin your ride.

6.2. In relation to “SMK Ride” Autos (Tempo) plying within the City of Operation the Convenience Fee or Access Fee shall not exceed an amount of Rs 50 at any time.

6.3. TPSP shall charge Fare to You for the Ride offered to You by the TPSP.

6.4. You shall be required to pay such Additional Fee, which will form part of the receipt of the Total Ride Fee.

6.5. You shall be required to pay such Cancellation Fee in terms of Clause 7, which will form part of the receipt of the Total Ride Fee.

6.6. In addition to the Total Ride Fee, you may be required to pay such other charges incurred by you during the Ride in cash i.e. Additional Fee, which are not included in the receipt of the Total Ride Fee.

6.7. The Total Ride Fee will be collected by the Driver or “SMK Ride” from You at the end of the Ride, as set out in Clause 6.7.

6.8. “SMK Ride” shall provide a receipt of the Total Ride Fee payable by You at the end of the Ride, however, separate invoices raised by the TPSPs for the Fare and Additional Fee, and the Convenience Fee or Access Fee (if any) raised by “SMK Ride” shall be provided to You on request. You may raise a request for a copy of the invoices by sending an email to [email protected] .

6.9. All applicable taxes in respect of the Fare, Convenience Fee, Additional Fee, Cancellation Fee shall be borne and payable by You to the TPSPs or “SMK Ride” as the case may be.

6.10. You shall choose to pay for the Service Fee by either of the following four methods: (i) Cash payment: Cash payment towards the Total Ride Fee after the completion of Ride can be made to the Driver. (ii) E-Wallet payment: “SMK Ride” offers You the facility of making an online payment through an E-Wallet powered by a third-party payment processor (“Payment Processor”). E-Wallet money will not be applicable on bookings made through the phone or while the user is not logged into his/her Account on the Site. The processing of payments, in connection with Your use of the E-Wallet will be subject to the terms, conditions, and privacy policies of the Payment Processor that “SMK Ride” engages for the purpose. “SMK Ride” will not be responsible for any errors by the Payment Processor in any manner. Further, even in cases of E- Wallet payments, all Additional Fee (defined below) shall have to be paid by You in cash, to the authority or person concerned or if already paid by the Driver, to the Driver. When You choose to make an E-Wallet payment, “SMK Ride” shall collect the Fare on behalf of the TPSP who will be responsible for providing the transportation services. (iii) Credit Card/ Debit Card/ Net Banking Payment: Total Ride Fee shall be effected using the services of an entity providing payment gateway/processor services (“PG”), authorized by “SMK Ride”. Such PG may either be “SMK Ride” or any of its affiliates or partners or unrelated third parties. You agree and undertake to share relevant payment details including credit/debit card details (Card Details) with the PG for the successful completion of payment towards Total Ride Fee to “SMK Ride” and authorize the PG to complete such transactions. In this respect, it is clarified that all PGs whose services are utilized for the purposes of the Site and/or Application and/or Services shall be PCI-DSS (Payment Card Industry – Data Security Standard) compliant. Your authorization permits the PG to debit or credit the bank account associated with Your payment details. Your authorization further permits the PG to use Your Card Details for the processing of transactions initiated by You at any of SMK Ride’s affiliates. Your authorization will remain in effect as long as You maintain an Account with Us. In the event You delete Your Card Details with the PG or if You delete Your Account, the PG will not process any further transactions initiated by You at the Site or Application and at the sites of any of SMK Ride’s affiliates. Your authorization under this clause is subject to any other terms and conditions of the PG.

6.11. Any payment related issue, except when such issue is due to an error or fault in the Site, shall be resolved between You and the Payment Processor. “SMK Ride” shall not be responsible for any unauthorized use of Your E-Wallet during or after availing the Services on the Site.

7. CANCELLATION POLICY

7.1. You agree and acknowledge that You may cancel Your request for a Vehicle from a Driver at any point of time subject to a Cancellation Fee as applicable for the categories, Cancellation Fee will be charged. If you cancel within 5 minutes after the cab is allotted or, If a driver cancels after waiting at Your location for more than 10 minutes, Notwithstanding the foregoing, if the Driver is delayed by more than Fifteen (15) minutes to pick You, You will not be charged any Cancellation Fee.

7.2. You shall be notified of the applicable Cancellation Fee in advance whenever You attempt to cancel a booking/service request. The notification shall be on the Application and/or the Site.

7.3. “SMK Ride” shall provide a receipt of the Cancellation Fee, if any, payable by You for every cancellation in terms of the table above for such cancellations, however, separate invoices raised by the TPSPs for the Cancellation Fee, and “SMK Ride” for the Convenience Fee (if any) on cancellations shall be provided to You on request. You may raise a request for a copy of the invoices from the Support page by sending an email to [email protected] .

7.4. The Cancellation Fee (if applicable) shall be payable by You at the completion of Your subsequent Ride.

7.5. The mode of payment of the Cancellation Fee (if any) shall be in terms of Clause 6 of these User Terms.

8. USER VIOLATION OF USER TERMS

8.1. You shall not smoke and drink in the Vehicles or misbehave with the Driver or distract the Driver or act in violation of Applicable Law. In the event You are found to be involved in the activities set out above, you shall be liable to pay a fine to us and we shall also have the right to terminate the Ride. In the event You fail to pay fine after the completion of the Ride, we may at our discretion, take such steps as may be available to us under Applicable Law. You shall also be blacklisted as a result of non-payment of the fine or misbehaving, and in such event, Your Account may be terminated by “SMK Ride”.

9. CUSTOMER RELATIONSHIP MANAGEMENT

9.1. All issues, opinions, suggestions, questions and feedback while availing our Services shall be communicated to us through email address mentioned in Clause 22.2. In case of a Ride booked on our Application, you may be required to rate the Ride after its termination. You agree to be fair, accurate and non-disparaging while leaving comment, feedbacks, testimonials or reviews on or about the Rides or Services.

9.2. Reporting of any issue needs to be within 2 (two) days of the happening of the issue, failing which, such issue will not be addressed.

9.3. Any issue reported on channels other than the above may be addressed by “SMK Ride” only on a best-effort basis. “SMK Ride” takes no liability for inability to get back on other channels.

9.4. “SMK Ride” shall endeavour to respond to Your issues within 7 (Seven) working days of Your reporting the same and endeavour to resolve it at the earliest possible. It is hereby clarified that issues are resolved on severity basis, and certain may be resolved earlier than the other. However, “SMK Ride” shall not be liable for any damages or losses in the event You are not satisfied with any such resolution.

10. EMERGENCY SERVICES TO CUSTOMER

10.1 By accepting these User Terms and on calling Service centre of the “SMK Ride” App, You consent to “SMK Ride” using its best endeavours to provide You with assistance during a safety incident, emergencies or distress, as per SMK Ride’s internal policies on emergency response. “SMK Ride” may undertake remedial action(s), including, but not limited to the following:

10.1.1 When you call service centre and report a safety incident, the “SMK Ride” representative may escalate the incident internally or liaise with any third-party security service providers to assist You and/or deploy response teams to Your location.

10.1.2 “SMK Ride” may inform any government authorities, such as the concerned police station, about the incident and seek their assistance; “SMK Ride” may also provide such authorities with your personal information including but not limited to your exact GPS location, your registered email ID and mobile number to enable them to take appropriate steps to assist You.

10.1.3 “SMK Ride” may engage third party security providers to assist You and “SMK Ride” in addressing the incident. For this purpose, “SMK Ride” may share your personal information, including but not limited to, your exact GPS location, your registered email ID and mobile number with third parties such as a security services provider, to enable them to take appropriate steps to assist You and solely to resolve the incident.

10.1.4 Further to the above, You may receive telephone calls from a “SMK Ride” representative and/or the relevant response team after reporting the problem to service centre and in the duration that the incident is being resolved, and the same shall not be construed as breach of TRAI guidelines, in as much as these would be made for Your security and safety purposes.

10.2 Under this clause, you give Your express consent to permit “SMK Ride” to undertake the above along with any ancillary actions that may be required to facilitate an effective emergency response.

10.3 “SMK Ride” will not be liable for any deficiency of service, provided to You under this clause on a best efforts basis, and this clause does not, in any manner, restrain You from seeking any other form of assistance from any other party.

11. FORCE MAJEURE

11.1 “SMK Ride” shall not be liable for any failure to perform any obligations under this User Terms, if the performance is prevented, hindered or delayed by a Force Majeure Event and in such case SMK Ride’s obligations under this User Terms shall be suspended for so long as the Force Majeure Event continues.

12. INDEMNIFICATION

12.1 By accepting these User Terms and using the Service, You agree that You shall defend, indemnify and hold “SMK Ride”, its affiliates, their licensors, and each of its officers, directors, other users, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with: (a) Your violation or breach of any term of these User Terms or any Applicable Law or regulation, whether or not referenced herein; (b) Your violation of any rights of any third party, including the TPSPs \or (c) Your use or misuse of the Application or Service.

13. LIABILITY

13.1. The information, recommendations and/or Services provided to You on or through the Site, the Application and “SMK Ride” Service centre are for general information purposes only and does not constitute advice. “SMK Ride” will reasonably keep the Site and its contents correct and up to date but does not guarantee that (the contents of) the Site is free of errors, defects, malware and viruses or that the Site is correct, up to date and accurate.

13.2. “SMK Ride” shall not be liable for You missing trains/flights/events or delays etc. as the Service is dependent on many factors not in SMK Ride’s control. You must book Your Ride after considering the check-in time, traffic and weather conditions, political rallies, natural calamities, traffic barricades, car breakdowns and other un-expected delays.

13.3. In the event, there is a delay by the Vehicle in reaching the pickup location beyond 30 (thirty) minutes of the pickup time, “SMK Ride” shall only endeavour to get You in touch with the Driver assigned for Your Ride.

13.4. “SMK Ride” shall not be liable for any damages resulting from the use of or inability to use the Site, including damages caused by wrong usage of the Site, error in Service centre number, network issues, malware, viruses or any incorrectness or incompleteness of the Information or the or Application.

13.5. You shall take full responsibility of Your items and luggage. In case of lost items inside the Vehicle during the journey, “SMK Ride” will try to locate the items on a “best-effort” basis but is not responsible for the same in case of loss or damage to the same. If You leave any goods in the Vehicle or have any complaint in respect of the Services or the use of the Vehicle, You have to inform “SMK Ride” of the same in writing within 24 (twenty four) hours of using the Vehicle or the Services of “SMK Ride”. In the event it is found, you shall be informed about the “SMK Ride” office from where You can collect it after 3 (three) working days from the date You were informed. “SMK Ride” however shall not be responsible for delivering the same back to You. If requested, “SMK Ride” may deliver the misplaced item/s back to You after 3 (three) working days from the date You were informed, subject to the place of delivery being twenty (20) kms from the “SMK Ride” office. “SMK Ride” shall charge You a flat fee of Rs 600 for such delivery.

13.6. “SMK Ride” does not assure a complete sustainability of its Service and shall not be held responsible or liable for the same, in any manner.

13.7. “SMK Ride” shall not be responsible for any loss of communication / information of status update and benefits under the program (if any). All this information will be sent on mobile number and/or email ID registered with “SMK Ride”. “SMK Ride” will not be responsible for appropriateness of mobile or email or any other communication medium. You shall be responsible for immediately reporting the errors, if any, occurred in the information sent to You regarding booking confirmation.

13.8. IN NO EVENT SHALL “SMK Ride” BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES WHATSOEVER, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF “SMK Ride” HAS BEEN ADVISED OF THE POSSIBILITY THEREOF.

13.9. IN ADDITION, AND WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SMK Ride’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE USER TERMS OR THE SERVICES RENDERED HEREUNDER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY, OR OTHER THEORY), WARRANTY, OR OTHERWISE, EXCEED THE AMOUNT OF Rs. 500/- (Rupees Five Hundred only).

13.10. If Applicable Law does not permit the exclusion of certain warranties or the limitation or exclusion of liability, the scope and duration of such warranty exclusions and the extent of the liability of “SMK Ride” shall be the minimum permitted under Applicable Law.

14. APPLICATION LICENSE

14.1. Subject to Your compliance with these User Terms, “SMK Ride” grants You a limited, revocable, non-exclusive, non-transferable and non-sub-licensable license to download and install a copy of the Application on a single mobile device that You own or control and to run such copy of the Application solely for Your own personal use and to use the Site.

14.2. You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or Site in any way; (ii) modify or make derivative works based upon the Service or Application; (iii) create Internet “links” to the Service or “frame” or “mirror” any Site on any other server or wireless or Internet-based device; (iv) reverse engineer or access the Site in order to (a) design or build a competitive product or service, (b) design or build a product using similar ideas, features, functions or graphics of the Service or Site, or (c) copy, reproduce, record, or make available to the public any ideas, features, functions or graphics of the Service or Site, or (v) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Service or Site.

14.3. You shall not: (i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) send or store infringing, obscene, threatening, libellous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights; (iii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Site, the Application or Service or the data contained therein; or (v) attempt to gain unauthorized access to the Site, the Application or Service or its related systems or networks.

14.4. “SMK Ride” will fully have the right to investigate and prosecute violations of any of the above of the law. “SMK Ride” may involve and cooperate with law enforcement authorities in prosecuting users who violate these User Terms. You acknowledge that “SMK Ride” has no obligation to monitor Your access to or use of the Site, Service or Posted Content, but has the right to do so for the purpose of operating the Site and Service, to ensure Your compliance with these User Terms, or to comply with Applicable Law or the order or requirement of a court, administrative agency or other Governmental body. “SMK Ride” reserves the right, at any time and without prior notice, to remove or disable access to any content that “SMK Ride”, at its sole discretion, considers to be in violation of these User Terms or otherwise harmful to the Site, the Service or Application.

15. CONTENT POSTED BY CUSTOMERS

15.1. “SMK Ride” may accept posting of any notes, messages, e-mails, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information given by you on the Site by You. You represent that You have obtained all permissions and consents required to post the Posted Content and such Posted Content complies with all requirements of the Posted Content. “SMK Ride” shall not in any manner be responsible for or endorse the Posted Content.

15.2. You agree that when posting Posted Content, You will not:

(i) Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, blasphemous, pornographic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful material or information.

(ii) Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless You own or control the rights thereto or have received all necessary consents.

(iii) Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.

(iv) Advertise or offer to sell or buy any goods or services for any business purpose, unless the Site specifically allows such messages.

(v) Conduct or forward surveys, contests, pyramid schemes or chain letters.

(vi) Download any file posted by another user that You know, or reasonably should know, cannot be legally distributed in such manner.

(vii) Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.

(viii) Deceive or mislead the addressee about the origin of a message or communicate any information which is grossly offensive or menacing in nature.

(ix) Restrict or inhibit any other user from using and enjoying the Site.

(x) Violate any code of conduct or other guidelines which may be applicable for any particular posted Content.

(xi) Harvest or otherwise collect information about others, including e-mail addresses, without their consent.

(xii) Threaten the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.

(xiii) Violate any Applicable Laws or regulations including the Information Technology Act, 2000 and the rules, regulations and guidelines notified thereunder.

16. INTELLECTUAL PROPERTY OWNERSHIP

16.1. “SMK Ride” alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to (i) the Site, Application, product, Service and any suggestions, ideas, enhancement requests, feedback, recommendations or any other offering; (ii) text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code; or (iii) other information provided by You or any other party relating to the Site, Application or the Service. Third party trademarks may appear on this Site/ Application and all rights therein are reserved to the registered owners of those trademarks. For use of any third party's intellectual property, you need to get permission directly from the owner of the intellectual property for any use.

16.2. These User Terms do not constitute a sale and do not convey to You any rights of ownership in or related to the Site, the Application or the Service, or any intellectual property rights owned by “SMK Ride”. You shall be solely responsible for any violations of any laws and for any infringements of any intellectual property rights caused by use of the Services or the Site/ Application.

16.3. You may use information on the Site purposely made available by “SMK Ride” for downloading from the Site, if You:

(i) do not remove any proprietary notice language in all copies of such documents and make no modifications to the information; (ii) use such information only for Your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media; or (iii) do not make any additional representations or warranties relating to such information.

17. LINKS

17.1. If permitted by “SMK Ride”, You may establish a hypertext link to the Site, provided that the link does not state or imply any sponsorship or endorsement of Your site by Us. You must not use on Your site or in any other manner any “SMK Ride” trademarks or service marks or any Content belonging to “SMK Ride” and appearing on the Site, including any logos or characters, without our express written consent. You must not frame or otherwise incorporate into another third-party website or present in conjunction with or juxtaposed against such a website any of the content or other materials on the Site without our prior written consent.

18. TERM AND TERMINATION OF LICENSE AGREEMENT

18.1. Unless terminated in accordance with this Clause 17, the agreement between “SMK Ride” and You is perpetual in nature upon downloading the Application and for each Ride booked through the Site.

18.2. You are always entitled to terminate the agreement by deletion of Your Account, thus disabling the use by You of the Site. You can close Your Account at any time by following the instructions on the Site.

18.3. “SMK Ride” is entitled to terminate the agreement at all times and with immediate effect (by disabling Your use of the Site and the Service) if You: (a) violate or breach any term of these User Terms, or (b) in the opinion of “SMK Ride”, misuse the Application or the Service. “SMK Ride” is not obliged to give notice of the termination of the agreement in advance. After termination “SMK Ride” will give notice thereof in accordance with these User Terms.

18.4. Termination of this agreement will not prejudice accrued rights of either “SMK Ride” or You.

18.5. Clauses 11 (Indemnification), 12 (Liability), 13 (Application License), 14 (Contents posted on Site/ Application), 15 (Intellectual Property Ownership), 17 (Term and Termination), 22 (Notice) and 24 (Applicable Law and Dispute Resolution) and such other provisions which are intended to survive the termination, shall survive the expiry/termination of these User Terms in accordance with their terms.

19. INVALIDITY OF ONE OR MORE PROVISIONS

19.1. The invalidity of any term of these User Terms shall not affect the validity of the other provisions of these User Terms. If and to the extent that any provision of these User Terms is invalid, or is unacceptable in the given circumstances, a provision shall apply between the parties instead that is acceptable considering all the circumstances, taking into account the content and the purpose of these User Terms.

20. CONFLICT

In the event of any contradiction or inconsistency between this User Terms and any other agreement executed between You and “SMK Ride”, the terms of the User Terms shall prevail unless the exception has been expressly agreed to in writing by making reference to the relevant Clause sought to be modified under this User Terms.

21. DISCLAIMER

21.1. You agree that “SMK Ride” is merely an electronic platform to facilitate aggregation of Vehicles and does not in any manner provide transportation services. “SMK Ride” does not endorse, advertise, advise or recommend You to avail the Services of any Driver. “SMK Ride” also does not guarantee or provide assurance in respect of the behaviour, actions or data of the users posted on the Site.

21.2. We do not authorize anyone to make a warranty on Our behalf and You shall not rely on any statement of warranty as a warranty by Us.

21.3. “SMK Ride” and their representatives, officers, employees, agents and contractors shall not be liable for any loss, damage, claim, expense, cost (including legal costs) or liability arising directly or indirectly from Your use or non-use of the Service or the Site, or Your reliance upon the Service or the information contained upon the Site (whether arising from “SMK Ride” or any other person's negligence or otherwise).

21.4. This Site, Application and all content on the Site and the Application are provided on an “as is” basis without warranties of any kind, either express or implied, including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose. You acknowledge, by Your access of the Site and/or Application, that Your access of the Site and/or Application and availing of Services is at Your sole risk, that You assume full responsibility for Your access and use of the Site and/or Application, and that “SMK Ride” shall not be liable for any damages of any kind related to Your access and use of this Site and/or Application.

21.5. All images, audio, video and text in the Site and/or Application are only for illustrative purposes. None of the models, actors or products in the images, if any is endorsing the Services in any manner. Any resemblance of any matter to anybody or anything is purely unintentional and/or coincidental.

21.6. “SMK Ride” is not engaged in any insurance business and does not provide any insurance services. In case of any accident or theft of a vehicle or theft of any belongings to the driver and customer, “SMK Ride” does not guarantee or make any promise in relation to the insurance policy/ insurance company, including but not limited to any benefits from use of the insurance services provided by the insurance companies of Vehicle owners, such as coverage, claims and settlements. Any claim or servicing of insurance policies, remains a matter between the Customer and the insurance company with which vehicle is insured by the owner of the vehicle, and “SMK Ride” shall not be responsible for the actions of the insurance company or the Customer. It is to be noted that any insurance policy number, claim certificate, invoice for the insurance premium/ fee collected from the Customer is never issued by “SMK Ride”. Any issues in receiving tax invoices or issues faced in claiming the insurance are not the responsibility of “SMK Ride”. “SMK Ride” disclaims all and all liability in relation to the services of any insurance company. Please reach out to your insurance company in case of any questions/ issues.

22. MODIFICATION OF THE SERVICE AND USER TERMS

22.1. “SMK Ride” reserves the right, at its sole discretion, to modify or replace, in part or full, any of these User Terms, or change, suspend, block, discontinue or restrict your use to all or any feature of the Service or Application at any time.

22.2. “SMK Ride” shall not be required to notify You of any changes made to these User Terms. The revised User Terms shall be made available on the Site. You are requested to regularly visit the Site to view the most current User Terms. You can determine when “SMK Ride” last modified the User Terms by referring to the “Last Updated” legend above. It shall be Your responsibility to check these User Terms periodically for changes. “SMK Ride” may require You to provide Your consent to the updated User Terms in a specified manner prior to any further use of the Site and the Services. If no such separate consent is sought, your continued use of the Site, following the changes to the User Terms, will constitute your acceptance of those changes. Your use of the Site and the Services is subject to the most current version of the User Terms made available on the Site at the time of such use.

23. NOTICE

23.1. “SMK Ride” may give notice by means of a general notice on the Service or Application, or by electronic mail to Your email address or a message on Your registered mobile number, or by written communication sent by regular mail to Your address on record in SMK Ride’s account information.

23.2. You may contact “SMK Ride” by electronic mail at Our email address [email protected] or by written communication sent by regular mail to Our address at RisingMithila Business Private Ltd., Near Custom Office, Khanka Chowk, Darbhanga – 846004, Bihar, India.

24. ASSIGNMENT

24.1 You shall not assign Your rights under these User Terms without prior written approval of “SMK Ride”. “SMK Ride” can assign its rights under the User Terms to any affiliate.

25. APPLICABLE LAW AND DISPUTE RESOLUTION

These User Terms are subject to the laws of India. Any dispute, claim or controversy arising out of or relating to these User Terms 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 “SMK Ride” as “SMK Ride” 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. The reference shall be made to a sole arbitrator mutually appointed by “SMK Ride” and You. The place of the arbitration shall be Darbhanga (Bihar), unless otherwise mutually agreed by “SMK Ride” and You in writing. Subject to the above, any Dispute will be subject to the exclusive jurisdiction of courts in Darbhanga (Bihar), India.

DRIVER/ PARTNER TERMS & CONDITIONS

IF THIS DOCUMENT IS NOT IN A LANGUAGE THAT YOU UNDERSTAND, YOU SHALL CONTACT “SMK Ride” AT [email protected] FAILURE TO DO SO WITHIN 24 (TWENTY-FOUR) HOURS FROM THE TIME OF RECEIPT OF THIS DOCUMENT AND YOUR ACCEPTANCE OF THIS DOCUMENT BY CLICKING ON THE ‘I ACCEPT’ BUTTON SHALL BE CONSIDERED AS YOUR UNDERSTANDING OF THIS DOCUMENT.

SUBSCRIPTION AGREEMENT

THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF INFORMATION

TECHNOLOGY ACT, 2000 AND RULES 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” BUTTON ON THIS ELECTRONIC CONTRACT, YOU ARE CONSENTING TO BE BOUND BY THIS SUBSCRIPTION AGREEMENT ALONG WITH THE VARIOUS ANNEXURES ATTACHED TO THE SUBSCRIPTION AGREEMENT. PLEASE ENSURE THAT YOU READ AND UNDERSTAND ALL THE PROVISIONS OF THIS SUBSCRIPTION AGREEMENT AND ANNEXURES BEFORE YOU START USING THE PORTAL, AS YOU SHALL BE BOUND BY ALL THE TERMS HEREIN UPON CLICKING ON THE “ACCEPT & CONTINUE” BUTTON ON THIS ELECTRONIC CONTRACT. IF YOU DO NOT ACCEPT ANY OF THE TERMS CONTAINED HEREIN, THEN PLEASE DO NOT USE THE PORTAL OR AVAIL ANY OF THE SERVICES BEING PROVIDED THEREIN. YOUR AGREEMENT TO THE SUBSCRIPTION AGREEMENT SHALL OPERATE AS A BINDING AGREEMENT BETWEEN YOU AND “SMK Ride” IN RESPECT OF THE SERVICES OF THE PORTAL.

This Agreement is made between RisingMithila Business Private Limited., a company registered under the Companies Act, 1956 and having its corporate office at Near Custom Office, Khanka Chowk, Darbhanga – 846004, Bihar, India (hereinafter referred to as “SMK Ride” which expression shall mean and include its representatives, successors in – office, affiliates and assigns) on the ONE PART; AND

A transport service provider who is a taxi operator, which provides vehicles on hire and is desirous of listing itself and its fleet of vehicles on the Portal, details of which are provided in Annexure A (“Vehicle(s)”), so as to provide transportation services through the Vehicle(s) to the users of Portal. The transport service provider has represented that the transport service provider fulfils the eligibility criteria annexed hereto as Annexure D and is following all applicable laws for the provision of transport services through the Portal.

A transport service provider who is a driver, desirous of listing himself and his vehicle on the Portal, details of which are provided in Annexure A (“Vehicle(s)”), so as to provide transportation services through his Vehicle(s) to the users of Portal. The transport service provider has represented that the transport service provider fulfils the eligibility criteria annexed hereto Annexure D and is following all applicable laws for the provision of transport services through the Portal.

(hereinafter referred to as the “Transport Service Provider”) of the OTHER PART.

“SMK Ride” and the Transport Service Provider shall hereinafter individually be referred to as “Party” and collectively as “Parties”.

Annexures ‘A’, ‘B’, ‘C’ and ‘D’ are collectively referred to as ‘Annexures’.

WHEREAS “SMK Ride” owns and operates an online marketplace having an online booking platform, and any upgrades from time to time and any other software that enables the use of the application or such other URL as may be specifically provided by “SMK Ride” (“Portal”) that lists and aggregates the Taxi service providers and motor cabs registered with it.

AND WHEREAS based on the representations and warranties provided by the Transport Service Provider, “SMK Ride” has agreed to list the Transport Service Provider and the Vehicle(s) on the Portal (“Service Provider App”) to enable the Transport Service Provider to provide transport services (“Transport Services”) through ‘Service Provider’s App’ in accordance with the terms and conditions as hereinafter provided.

NOW THEREFORE THE PARTIES HERETO AGREE AS FOLLOWS

I. Scope and Obligations:

1. The execution of this Agreement and providing the details in Annexure A (hereinafter referred to as “Registration Data”) shall effect in the registration of the Taxi Service Provider and the Vehicle(s) with “SMK Ride” and shall make the Taxi Service Provider eligible for an online account on the Service Provider’s App (“Account”) for providing Transport Services through the Service Provider’s App.

2. The Transport Service Provider and Vehicle(s) registration with “SMK Ride” shall always be subject to compliance with the requirements set out in Annexure D and Annexure B respectively. The Transport Service Provider and Vehicle(s) registration with “SMK Ride” shall further be subject to such other details and documents in respect of the Transport Service Provider and the Vehicle(s) as is more fully described in Annexure A. The Transport Service Provider hereby understands and consents to the collection, storage and sharing of Aadhaar card and any information extracted therefrom with Third Party Vendors and/or Government Authorities, for the process of onboarding and background verification.

3. The Transport Service Provider acknowledges and agrees that all rights, obligations and liabilities of the Transport Service Provider and “SMK Ride” shall be governed in accordance with this Agreement and the Transport Service Provider terms and conditions available at the offices of “SMK Ride” (“Transport Service Provider T&C”) and, a copy of which is annexed as Annexure B to this

Agreement. The Transport Service Provider hereby represents that the Transport Service Provider has read and understood this Agreement and the Transport Service Provider T&C fully and the terms contained therein are agreeable to the Transport Service Provider.

II. Device

For registration on the Service Provider App, the device of such model and functionality as may be specified and notified by “SMK Ride” to the Transport Service Provider, more specifically set out under the Commercial Term Segment in Annexure C, must be provided by the Transport Service Provider which means Transport Service Provider shall bring his own device. The Transport Service Provider hereby agrees that his Device shall be switched on during the performance of the Service without being any exceptions whatsoever. The provisions relating to Transport Service Provider’s Device shall be as set out below-

1. Transport Service Provider’s Device: For registration on the Service Provider App, the Transport Service Provider must bring his own Device, of such model and functionality as may be specified and notified by “SMK Ride” to the Driver. In such event “SMK Ride” will assist the Transport Service Provider in installing the Service Provider App in the Device brought by the Transport Service Provider after “SMK Ride” verifies that his Device meets the requirements and specifications as required by “SMK Ride”. “SMK Ride” shall also instruct the Transport Service Provider in the use of his Device in respect of the Service Provider App and Portal, if required. If the Transport Service Provider’s Device is stolen, the Transport Service Provider shall ensure that the Service Provider App and his Account is immediately blocked, suspended, or deactivated. In such event, the Transport Service Provider shall approach designated offices of “SMK Ride” with his new Device for installation of the Service Provider App in his new Device and charge such fee as may be determined by “SMK Ride” under clause II(4) of this Agreement.

2. The Transport Service Provider shall not use his Device for any illegal or unlawful purposes and shall use his Device solely in accordance with the terms of this Agreement. The Transport Service Provider shall solely be responsible and liable for any violations of law committed by the Transport Service Provider, misuse of his Device and misuse of the sim card used in his Device.

3. In the event the Service Provider App is not functioning properly on Transport Service Provider’s Device, the Transport Service Provider shall immediately visit designated offices of “SMK Ride or Call Service centre of “SMK Ride to report any malfunctions with the Service Provider App and compatibility of Transport Service Provider’s Device with the Service Provider App.

4. If the Transport Service Provider’s Device is damaged and is not repairable due to any act or omission of the Transport Service Provider, the Transport Service Provider shall immediately approach only designated office of “SMK Ride or Call Service centre of “SMK Ride with his new Device for installation of the Service Provider App on the new Transport Service Provider’s Device. In this connection, “SMK Ride” may charge such fees as may be determined by “SMK Ride” for re-installation of the Service Provider App in his Device. If the Transport Service Provider is unable to bring a new Device, “SMK Ride” shall be entitled to terminate this Agreement along with the Annexures with immediate effect.

III. Representations and Warranties

1. The Transport Service Provider represents and warrants that the Transport Service

Provider is the registered owner or the lessee, as the case may be, of the Vehicle(s) and permit holder for the provision of Transport Services of the Vehicle(s).

2. The Transport Service Provider represents and warrants that the Transport Service

Provider has all requisite power and authority to deliver and perform the obligations imposed herein.

3. The Transport Service Provider represents and warrants that entering into and performance of the transactions contemplated by this Agreement and Transport Service Provider T&C does not and will not conflict with any law or regulation applicable to the Transport Service Provider or any guidelines, rules, regulations including any judicial, official, governmental and/ or statutory and/or regulatory orders and/or judgments whether interim, final or otherwise or with any other contract to which the Transport Service Provider is a party.

4. The Transport Service Provider shall ensure Transport Service Provider’s continued performance under this Agreement is not compromised with.

5. The Transport Service Provider hereby expressly agrees that the Transport Service

Provider shall not use his Device for any illegal purposes.

6. The Transport Service Provider warrants that his Device will be used only for the purpose set out under this Agreement.

7. The Transport Service Provider represents and warrants that the Transport Service

Provider has not been convicted by any court in India for any cognizable offence under the laws of India.

IV. Disclaimer

1. You agree that role of “SMK Ride” is limited to (a) managing and operating the Portal and the Service Provider App and being a market place solely for the display of the Transport Services in the manner decided by “SMK Ride” unilaterally, (b) being an online booking platform facilitating the provision of Transport Services by the Transport Service Provider to the users of the Portal, and

(c) payment collection through Authorised payment gateways to facilitate the transactions between Transport Service Provider and the users of Portal. Accordingly, “SMK Ride” is merely an intermediary providing online marketplace services and the Service Provider App is only a platform where Transport Service Provider shall offer Transport Services to the users on execution of the Agreement and registration and acceptance by users of the customer terms and conditions on the Portal.

2. “SMK Ride” disclaims and shall disclaim all representations and warranties to the Transport Service Provider, of any kind, whether express or implied as to condition, suitability, quality, merchantability and fitness for any purposes in respect of Service Provider’s App and Portal or the services provided through the Service Provider App on the Portal and accordingly, disclaims all liabilities, whether civil, criminal, tortious, or otherwise, that may accrue as a consequence of the use and access of Service Provider’s App and Portal.

3. To the extent permissible under applicable laws, “SMK Ride” disclaims and shall disclaim all liabilities, whether civil, criminal, tortious, or otherwise, that may accrue as a consequence of the breach by the Transport Service Provider (a) of the applicable laws in respect of the Transport Services; (b) of the terms of the applicable licenses and permits that are issued by the transport authorities; (c) of the terms of the Transport Service Provider T&Cs; or (d) of the duty of care the Transport Service Provider owes to the users of the Portals.

4. “SMK Ride” does not warrant to the Transport Service Provider that the Transport Service Provider will be able to use his Device, Service Provider App on the Portal at all times or locations or that the Transport Service Provider’s Device and Service Provider App on the Portal and the Transport Services provided through the Service Provider App on the Portal will be uninterrupted or virus free or error-free or free from any technical glitches or malicious software and that the defects will be corrected by “SMK Ride”.

V. Payment Terms

In consideration of “SMK Ride” providing the Transport Service Provider’s and the Vehicle’s information on the Portal, and for enabling the Transport Service Provider to provide Transport Services through Service Provider App on the Portal, various payments, more particularly set out in the Commercial Terms Segment annexed hereto as Annexure C, between the Transport Service Provider and “SMK Ride” (“Fees”) shall be settled in the manner set out and paid in the manner set out in the Commercial Terms Segment annexed hereto as Annexure C.

VI. Confidentiality

The Transport Service Provider acknowledges that pursuant to this Agreement, the Transport Service Provider will have access to confidential information of “SMK Ride” and its affiliates, which has been provided by “SMK Ride”. The Transport Service Provider undertakes to keep confidential all data and other confidential information of “SMK Ride” and shall not sell or otherwise make that information available to any third-party. Confidential information shall mean and include all information, whether verbal or written, disclosed to the Transport Service Provider by “SMK Ride” or Portal users, as the case may be, but not be limited to Portal users details (i.e., Personal Information and sensitive personal information as defined under the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011), phone numbers, market information, all work products and documents related thereto, the contents of the Service Provider App / Portal or any other information, whether provided orally or in writing, received or to be received by the Transport Service Provider. Further, the Confidential Information at no times can be disclosed to any party in the same or similar business as that of “SMK Ride” (“Competitor”). In the event, “SMK Ride” becomes aware that the Confidential Information has been disclosed to a Competitor or has been used for the benefit/interest of the Competitor, “SMK Ride” can claim such direct and indirect damages as it may suffer due to such losses.

VII. License and Proprietary Rights

1. License Grant: Subject to the terms and conditions of this Agreement, “SMK Ride” hereby grants the Transport Service Provider a limited, non-exclusive, non-transferable, non-sub licensable, non-assignable license, during the term of this Agreement, to the Service Provider App on the Portal of “SMK Ride” solely for the purpose of providing Transport Services to the Portal users and also for settlement of Fees between “SMK Ride” and Transport Service Provider. All rights not expressly granted to the Transport Service Provider are reserved by “SMK Ride”.

2. Ownership: The Portal, Service Provider App and Confidential Information, including but not limited to all intellectual property rights such as company name, logos, product and service names, trademarks, services marks or other indicia of ownership (“SMK Ride’s Intellectual Property”), shall remain (as between the Transport Service Provider and “SMK Ride”) the property of “SMK Ride”. Neither this Agreement, the Transport Service Provider T&C nor Transport Service Provider’s use of the Portal and Service Provider App conveys or grants to the Transport Service Provider any rights.

3. The Transport Service Provider agrees that it shall not reproduce, transcribe, or make any copies of the “SMK Ride” Intellectual Property, in any form or manner.

VIII. Indemnification

1. The Transport Service Provider agrees and undertake to indemnify and to hold harmless “SMK Ride” and other parties determined by “SMK Ride”, “SMK Ride” affiliates, successors, agents, assigns, and each of their directors, officers, employees, associates, agents, and representatives from and against any losses, damages, liability, claims, costs, penalty and expenses (including, without limitation, reasonable attorneys’ fees) incurred by reason of (i) any breach or alleged breach by the Transport Service Provider of the Transport Service Provider’s obligations, responsibilities, representations, or warranties under the Subscription Agreement and/or Transport Service Provider T&C; (ii) breach of any service level commitments provided in Annexure B; (iii) any infringement or unauthorized use of intellectual property rights of “SMK Ride” including but not limited to infringement of intellectual property rights of “SMK Ride” in the Service Provider App or Portal (iv) any breach of the confidentiality obligations of the Transport Service Provider under this Agreement or Transport Service Provider T&C (v) any violation of the applicable law, applicable license and permit terms of the transport authorities; (vi) any violation of policies of “SMK Ride” by the Transport Service Provider; (vii) any harm to the reputation and goodwill of “SMK Ride” directly attributable to the Transport Service Provider; (viii) damage, unauthorized use or loss of the Service Provider App in the Device; (ix) death, fraud, theft, misconduct, negligence or deficiency of Transport Services by the Transport Service Provider; any negligent act or omission committed in the course of Transport Services hereunder, or any misrepresentation made during the course of Transport Services hereunder; (x) civil or criminal offense under law or in the opinion of “SMK Ride”; (xi) personal injury to or property damage of user of Portal including but not limited motor accident claims, if any, asserted against “SMK Ride” and its associates by reason of the use and operation of Transport Service Provider’s Vehicle(S); (xii) failure of the Transport Service Provider to make tax payments in accordance with applicable laws.

2. The Transport Service Provider shall be liable to indemnify and hold “SMK Ride” harmless against all damages, losses, costs and expenses incurred by “SMK Ride” as a consequence of any complaint from any user of the Portals received by “SMK Ride” with respect to deficient Transport Services.

3. Notwithstanding anything contained in this Agreement, however, subject to applicable laws, the total aggregate liability of “SMK Ride” under this Agreement or Transport Service Provider T&C whether in contract (including in respect of the indemnity), tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising out of or in connection with the performance or contemplated performance of this Agreement shall be limited to INR 500/- (Rupees Five Hundred only).

IX. Specific Indemnity

The Driver shall be solely liable for any and all accidents/incidents involving the Vehicle, while providing the taxi Services. “SMK Ride” shall not be held liable for any such accidents/ incidents involving the Driver’s Vehicle. All miscellaneous expenses pertaining to the Vehicle, such as maintenance expenditures, penalty for violation of traffic rules, etc., shall be borne solely by the Driver, and “SMK Ride” shall not be held liable or responsible for the same.

X. Entire Agreement

This Agreement along with, various Annexures and Transport Service Provider T&C, which Annexes and Transport Service Provider T&C will be e-contracts, shall form the entire agreement between the Parties and shall supersede and override all previous communications, either oral or written, between the Parties with respect to the subject matter of this Agreement, and no agreement or understanding varying or extending the same shall be binding upon any Party hereto unless arising out of the specific provisions of this Agreement or Transport Service Provider T&C. In the event of any contradiction between the terms contained under this Agreement and the Transport Service Provider T&C, the terms of the Transport Service Provider T&C shall prevail.

XI. Term and Termination

1. This Agreement shall be valid for a period of 2 (Two) years and shall be renewed automatically, unless otherwise agreed between the Parties.

2. The Parties to this Agreement shall be entitled to terminate this Agreement with a prior written notice of 5 (Five) business days to the other Party without assigning any reason for the termination.

3. “SMK Ride” shall be entitled to terminate this Agreement immediately for breach of any terms in this Agreement by the Transport Service Provider.

4. Upon termination of this Agreement, the registration of the Transport Service Provider with “SMK Ride” shall stand cancelled and the Account shall be terminated and the Transport Service Provider shall not be eligible to ply his Vehicle(s) on the Service Provider App on SMK Ride’s Portal.

XII. Notice

1. Any notices, requests and other communications required or permitted hereunder shall be in writing and may be sent by any of the following means to the receiving Party at the relevant addresses set forth in this Agreement:

i. By electronic mail.

For the purposes of this sub-clause the Parties’ electronic mail addresses shall be the following, unless otherwise intimated by the Parties to each other,

“SMK Ride”: [email protected];

Transport Service Provider: As provided during registration.

ii. By SMS sent to mobile number at:

“SMK Ride”: Not Applicable;

Transport Service Provider: As provided during registration.

iii. By hand, against a written acknowledgement of receipt by the receiving Party.

iv. By registered mail.

2. In the event the delivery of the notice is attempted to be made by means set out in clauses XII(1)(iii) and (iv) by the Party, the notice shall be deemed delivered on the third day from the date of the notice.

XIII. Relationship between Parties

i. During the Term of this Agreement, the Transport Service Provider shall operate as and have the status of an independent contractor and shall not act as, be or construed to be an agent or employee of “SMK Ride”. The relationship between the Parties is on a principal-to-principal basis, and none of the provisions of this Agreement shall be interpreted as creating the relationship of employer and employee between the Transport Service Provider and “SMK Ride” at any time, under any circumstances or for any purpose. Therefore, the Transport Service Provider will not be entitled to any employee benefits, statutory or otherwise, offered by “SMK Ride” to its employees including but not limited to wages, vacation pay, sick leave, retirement benefits, social security, worker's compensation, health or disability benefits, or employee benefits of any kind. The Transport Service Provider shall be responsible for the payment of all applicable taxes to which he may be subject as an independent contractor.

ii. The Transport Service Provider agrees not to assume or create any obligation or responsibility, express or implied, on behalf of or in the name of “SMK Ride”. The Transport Service Provider does not have the authority to create, modify or terminate a contractual relationship(s) between “SMK Ride” and any third party or act for or bind “SMK Ride” in any respect. Any act of the Transport Service Provider on behalf of “SMK Ride” which may be regarded as over and above the duties and responsibilities as provided in this Agreement, shall be deemed to be unauthorized, unlawful and the Transport Service Provider shall be personally liable for the same.

XIV. Governing Law and Dispute Resolution

1. If any dispute arises between the Transport Service Provider and “SMK Ride”, in connection with, or arising out of, this Agreement, the dispute shall be referred to arbitration under the Arbitration and Conciliation Act, 1996 (Indian) to be adjudicated by a sole arbitrator to be appointed by “SMK Ride”. Arbitration shall be held in Darbhanga, Bihar. The proceedings of arbitration shall be in the English or Hindi language. The arbitrator’s award shall be final and binding on the Parties.

2. This Agreement shall be governed by and construed in accordance with the laws of India. Subject to clause XIV (1), the courts in Darbhanga, Bihar shall have the exclusive jurisdiction in connection with this Agreement.

3. In addition to above remedies, “SMK Ride” shall be entitled to an interim injunction, restraining order or such other equitable relief as a court of competent jurisdiction may deem necessary or appropriate to restrain Transport Service Provider from committing any violation of the covenants and obligations set out in this Agreement. These injunctive remedies are cumulative and are in addition to any other rights and remedies “SMK Ride” may have at law or in equity.

XV. Amendment

“SMK Ride” may amend the provisions of this Agreement and Annexures annexed to this Agreement at its own discretion and notify in accordance with the means provided in clause XII such amendments to the Transport Service Provider.

ANNEXURE-A

DETAILS OF VEHICLE AND THE TRANSPORT SERVICE PROVIDER

Part I- Details of Vehicle:

A. Information to be provided:

- Vehicle’s license plate number;

- Chassis or engine number;

- other information as may be required by “SMK Ride”.

B. Documents to be provided:

- PUC;

- sale deed;

- passbook or cancelled cheque;

- Copy of Certificate of Registration;

- Copy of Certificate of Fitness;

- Copy of permit, as may be required under applicable law, to ply the Vehicle;

- Road tax receipts;

- Copy of commercial insurance policy covering the third-party risks; and

- other documents as may be required by “SMK Ride”.

Part II- Details of the Transport Service Provider:

A. Information to be provided:

Name:

Permanent Address:

Current Address:

Phone no.:

Email id:

Bank Account details of the Transport Service Provider (Bank name, account number and IFSC Code);

Bank Account details of the Beneficiary (if any);

Contact details of 2 (two) family members of the Transport Service Provider; and

other documents/ information as may be required by “SMK Ride”.

B. Documents to be provided:

- A passport size photograph of the Transport Service Provider;

- Copy of valid Driving License of drivers who will be employed by Transport Service

Provider to provide services on “SMK Ride” platform;

- Copy of the Identification Badge issued by the relevant Transport Department of drivers who will be employed by Transport Service Provider to provide services on “SMK Ride” platform;

- Copy of the Police verification report (only If applicable) of the drivers who will be employed by Transport Service Provider to provide services on “SMK Ride” platform. Provided that, for purposes of the police verification, if “SMK Ride” or SMK Ride’s authorized agency is assisting the Transport Service Provider with police verification process, the Transport Service Provider authorizes “SMK Ride” or SMK Ride’s authorized agency, as the case may be, for appearing, signing and executing documents in respect of police verification of the Transport Service Provider from time-to-time;

- Self attested copy of the EPIC Card (Voter ID Card);

- Self attested copy of PAN Card of Transport Service Provider;

- Copy of residential proof such as utility bill, ration card, passport etc. of the Transport

Service Provider’s and drivers employed by Transport Service Provider to provide services on “SMK Ride” Platform;

- Passbook or cancelled cheque of Transport Service Provider;

- Vehicle ownership document and

- other documents/ information as may be required by “SMK Ride”.

ANNEXURE-B

TRANSPORT SERVICE PROVIDER TERMS AND CONDITIONS

DRIVER TERMS AND CONDITIONS

These Terms and Conditions (as defined) shall be applicable as set out below-

1. If the Transport Service Provider (as defined in the Subscription Agreement) is an Operator providing Services to the Customers through the Drivers employed by the Operator, these Terms and Conditions shall be interpreted in the manner so as to apply to the Operator as well as to the Drivers employed by the Operator;

and

2. If the Transport Service Provider is an individual providing Services to the Customers directly, these Terms and Conditions shall be interpreted in the manner so as to apply to an individual Transport Service Provider Operator.

DEFINITIONS:

All the defined terms in these Driver T&C will have the meaning assigned to them herein below. Any term not defined here shall have the meaning assigned to it in the Subscription Agreement.

“Acceptance” means your affirmative action of clicking on the box against the words “ACCEPT & CONTINUE” provided at the end of these Driver T&C, by which action, you unequivocally accept the Driver T&C and any modifications thereof.

“Account” refers to the account created by “SMK Ride” at its sole discretion, for the Driver subsequent to the Driver submitting and “SMK Ride” verifying the Registration Data

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

“Booking” shall mean the allotted Service Request.

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

“Cancellation Fee” shall mean the fare payable by the Customer towards cancellation of a Booking made by a Customer.

“City of Operation” shall mean the city in which the Subscription Agreement is executed by and between the Driver and “SMK Ride”.

“Commercial Term Segment” shall mean Annexure C of the Subscription Agreement, which contains the commercial terms for Service provided by the Drivers.

“Content” shall have the meaning given to it in 7.1.

“Convenience Fee” shall mean the fee payable by the Customer for availing the technology services offered by “SMK Ride”. Convenience Fee will be charged for each Service Request placed by the Customer on the Portal.

“Customer” shall mean such person, who places a Service Request on the Portal and has accepted the Customer Terms of Use and Privacy Policy of the Portals (as applicable).

“Customer’s Terms of Use” shall mean the Customer Terms and Conditions as provided on the “SMK Ride” Portal for availing the Service.

“Device” shall mean Transport Service Provider’s Device, used for performance of the Services.

“Driver” or “You” or “Your” or “Yourself” shall mean an individual, who has an Account with “SMK Ride” and in the event of Operator Drivers, shall include the Operator Drivers for purposes of compliance with these Terms and Conditions.

“Driver App” means the electronic interface on the “SMK Ride” Portal from where the Driver’s Account is accessible to the Driver. Login credentials (User ID and Password) for the Driver App shall be provided by “SMK Ride”.

“Driver Proceeds” shall mean the net amount receivable by the Driver after deduction of SMK Ride’s commission and such other amounts as may be provided in the Commercial Terms Segment or notified otherwise.

“Fare” shall mean the Fare payable to the Transport Service Provider as may also be reflected on the Device after completion of the Service. The Driver permits “SMK Ride” to review and revise the Fare as per the market conditions.

“Force Majeure” shall have the meaning given to in Clause 16.4.

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

“SMK Ride” or “We” or “Us” or “Our” shall mean RisingMithila Business Private Limited, a company incorporated under the Companies Act 1956, and having its registered office at Near Custom Office, Khanka Chowk, Darbhanga – 846004, Bihar, India, which expression shall, unless it be repugnant to the context or meaning thereof, be deemed to mean and include all its successors, affiliates and permitted assigns.

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

“Operator Drivers” shall mean the Drivers employed by the Operator for providing Services to the Customers.

Parties” shall mean, collectively, the Driver and “SMK Ride” and “Party” shall refer to any one of them.

“Portal” shall mean such features of the “SMK Ride” mobile application or other programs, software, mobile applications including but not limited to Driver App, owned by, licensed to and controlled by “SMK Ride”, and other URLs as may be specified by “SMK Ride” from time-to-time.

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

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

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

“Subscription Agreement” shall mean the agreement entered into between “SMK Ride” and the Driver / Operator pursuant to which the Driver / Operator has agreed to provide transport Services in accordance with these Driver T&C, as amended from time-to-time.

“Subscription Amount” shall mean the amount paid by the Driver at the time of subscription to Portal of “SMK Ride”, if any.

“SMK Ride’s Policies” means the “Privacy Policy”, Zero Tolerance Policy & such other policies (including any amendments thereof), which “SMK Ride” may issue and make applicable to Driver from time-to-time and make available to the Driver on the Driver’s request.

“Term” means the period commencing from the date of acceptance of the Driver T&C by the Driver up to the date of termination of the Subscription Agreement and/or these Driver T&C.

“Terms and Conditions” or “Driver T&C” refers to these Driver T&C which are available at the Portal, as may be amended from time-to-time.

“Vehicle” shall mean ‘Motorcabs’ as defined under the Motor Vehicles Act, 1988.

“Wallet” shall mean the prepaid payment instruments available for payments in the “SMK Ride” Portal.

“Zero Tolerance Policy” shall mean the policy of “SMK Ride” as detailed under the Annexure to these Driver T&C, as may be amended from time to time.

1. APPLICABILITY OF DRIVER T&C

These Driver T&C together with the Subscription Agreement, Commercial Term Segment, Zero Tolerance Policy, “SMK Ride” Policies, shall be deemed to be incorporated by reference into these Driver T&C and shall form the complete understanding between the Parties. By accepting the Driver T&C, you acknowledge and agree to the Subscription Agreement and various Exhibits to the Subscription Agreement, “SMK Ride” Policies and any other policy that “SMK Ride” makes applicable to You from time-to-time, to the fullest extent possible. Additionally, you hereby understand and consent to the collection, storage and sharing of Aadhaar card and any information extracted therefrom with Third Party Vendors and/or Government Authorities, for the process of onboarding and background verification.

2. SCOPE OF SERVICES

2.1 You agree that SMK Ride’s role is limited to being a market place solely for managing and operating the Portal for the display of the Service in the manner decided by “SMK Ride” unilaterally, payment collection through cash, or Wallet to facilitate the transactions between You and the Customers. Accordingly, “SMK Ride” is merely an intermediary providing online marketplace services and the Portal is only a platform where You shall offer Service to the Customers. The contract for availing the Service shall be a contract solely between You and the Customer. At no time shall “SMK Ride” have any obligations or liabilities in respect of such contract.

2.2 The Driver confirms and undertakes that “SMK Ride” does not own or in any way control the Vehicle used by a Driver rendering the said Service to the Customer. “SMK Ride” shall not be held liable or responsible in any manner whatsoever for any insufficiency or deficiency of the Service rendered by the Driver to the Customer. “SMK Ride” does not make any representations or warranties regarding the quality of the Service provided by You.

3. SERVICE REQUESTS

3.1 On receipt of a Service Request, Booking will be allotted to the Driver on the Device or in such other manner as may be agreed between the Driver and “SMK Ride” from time-to-time.

3.2 The Driver shall duly complete all Bookings allotted in connection with the Services and promptly notify “SMK Ride” immediately by means of short message service / telephonic calls of any changes / deviations to the Booking, which may affect the provision of the Service.

3.3 In the event the Driver requires any assistance in connection with the Portal, Service Requests, Service etc. therein, he / she should contact the “SMK Ride” service centre.

3.4 Upon a Service Request being allotted to the Driver on the Driver App, “SMK Ride” may provide to the Customer, the picture of the Driver, details of the Vehicle including vehicle number and model, mobile phone number of the driver and such other information as required under Applicable Laws or as “SMK Ride” may deem fit, as the case may be, required by the Customer to identify the Driver and Vehicle.

3.5 Once a Booking is allotted, “SMK Ride” will provide the Driver with the necessary Customer information to enable the Driver to satisfactorily provide the Service. Such information shall be treated as confidential information in terms of Clause 13 below.

3.6 In the event, the Driver is a female; the Driver shall not accept Service Requests from 20:00 hours in the evening to 08:00 hours in the morning.

4. COMMUNICATION

4.1 When You use the Driver App on “SMK Ride” Portal or send emails or other data, information or communication to “SMK Ride”, You agree and understand that You are communicating with “SMK Ride” through electronic records and You consent to receive communications via electronic records

from “SMK Ride” periodically and as and when required. “SMK Ride” may communicate with You by email or by such other mode of communications, electronic or otherwise.

4.2 You hereby expressly consent to receive communication from “SMK Ride” through Your registered phone number and/or e-mail id. You consent to be contacted by “SMK Ride” via phone calls/ SMS notifications. You agree that any communication so received by You from “SMK Ride” will not amount to spam, unsolicited communication or a violation of Your registration on any other national or governmental portals, websites, agreements.

4.3 By registering with “SMK Ride”, You hereby agree to (i) provide Information that “SMK Ride” has a legal duty to request from a Driver on account of the Know Your Customer norms under Applicable Laws including without limitation your Permanent Account Number (PAN); and (ii) undertake due diligence and update Yourself on Applicable Laws that may have implications on Your liability as a Driver.

5. OBLIGATIONS OF THE DRIVER

5.1 The Driver shall ensure and confirm that he understands the language of the Driver App / Portal and shall ensure that he/she chooses the language that he bests understands from amongst the languages that the Driver App / Portal supports.

5.2 The Driver shall be liable for any loss caused to “SMK Ride” and/or the Customer due to negligence of the Driver in the performance of the Service.

5.3 The Driver be deemed to be informed and shall also strive to stay informed about

conditions such as bandhs, strikes, curfews, traffic disruptions, weather conditions and the like that could affect the Service. The Driver shall, immediately intimate “SMK Ride”, and disclose any such aforesaid calamity that he may become aware of.

5.4 The Driver shall provide the Service to the Customers in a courteous, effective, and timely manner.

5.5 The Driver shall always ensure registration of Vehicle and shall hold and keep

updated / renewed all licenses, insurance and permits necessary for the use of Vehicle on the Portals.

5.6 The Driver shall not undertake or assist in any unlawful or illegal activity while performing Services.

5.7 The Driver, or any Transport Service Provider shall not allow unauthorized persons to drive the Vehicle. “SMK Ride” reserves the right to take any action at its sole discretion for any violation by the Driver or the Transport Service Provider, which may extend to but not limited to termination and/or other legal action.

5.8 The Driver or any Transport Service Provider shall ensure the safety and security of the Customers, his own self and that of the vehicle at all times. The Driver shall immediately bring to the notice of “SMK Ride” any deviation from the provision of the Service/s as required under the terms of these Driver T&C, including but not limited to any accidents, damage to life or property.

5.9 The Driver agrees that any breach of the Subscription Agreement or these Driver T&C by him/her is likely to cause “SMK Ride” substantial and irreparable damage and therefore, in the event of any such breach, in addition to such other remedies which may be available “SMK Ride” shall have the right to specific performance and injunctive relief.

5.10 The Driver shall ensure comprehensive insurance including without limitation third party insurance of Vehicles and such other insurance as may be required by Applicable Law is obtained and always maintained, and the Customer and/or “SMK Ride” shall not be liable for taking insurance or paying premium thereof in respect of the Vehicle or any liability arising out of plying of such Vehicle.

5.11 The Driver shall ensure that he is not using the Device for any purpose other than for providing Service in the manner provided under these Driver T&C. The Driver shall ensure that the Device is not busy for long, unavailable or switched off while the Vehicle is being plied on the Portal.

5.12 The Driver shall not use / access video / interactive content on the Portal when the Driver is driving the Vehicle.

5.13 On allotment of a Booking in response to a Service Request, the Driver shall ensure that the Vehicle arrives prior to the pick-up time.

5.14 The Driver shall ensure that the Customer pays the Total Ride Fee as well as additional surcharge (if applicable) and any fee or levy presently payable or hereinafter imposed by Applicable Law. In the event, the Customer pays by cash for the Services, the Transport Service Provider shall collect the Total Ride Fee and remit the Convenience Fee and Cancellation Fee (if any), to “SMK Ride” in the manner solely determined by “SMK Ride”.

5.15 The Driver will have a functioning mobile number and also have the ability to read text messages sent by “SMK Ride”, regarding the Customer details and to convey Customer feedback.

5.16 In the event any Customer leaves his/her property in the Vehicle, the same shall not be pilfered or tampered with by the Driver and shall be reported immediately by the Driver directly to “SMK Ride”. In the event the Driver pilfers or tampers with the property of the Customer, the Driver shall be solely liable for any damages claimed by the Customer and “SMK Ride” may at its sole discretion terminate the Driver’s registration and disable the Driver’s access to the Portal. “SMK Ride” shall in no event be liable for loss of or damage caused to the property of the Customer.

5.17 Driver hereby acknowledges and agrees that “SMK Ride” shall alone be responsible for settling any payment related issues between Customer and Driver. In case of any conflict, the Driver shall seek instructions from “SMK Ride”. The Driver agrees that the decision taken by “SMK Ride” shall be final and binding on the Driver in the aforesaid case.

5.18 The Driver shall make himself/ herself available for such trainings as “SMK Ride” may be required to organize pursuant to Applicable Law or as “SMK Ride” may deem necessary from time-to-time.

5.19 The Vehicle shall be the sole responsibility of the Drivers and the Driver shall be liable or responsible for any loss or damage to the Vehicle caused by a Customer or any other third party for any reason whatsoever.

5.20 The Driver shall not drive rashly, shall follow traffic regulations and all Applicable Laws during the performance of the Services, wear seat belt, not consume liquor / cigarette / bidi, or any other kind of intoxicant while performing the Service/(s) and shall have and hold a valid driving license and registration/insurance papers for the Vehicle at all times. The Driver shall not take any personal calls except in the event of an emergency, without prejudicing the safety of the Vehicle and the Customer. Driver shall take all calls from the Customer and “SMK Ride” only after stopping the Vehicle at an appropriate location to take the call, without being a hindrance to the

traffic around him or without violating any traffic rules.

5.21 Any cancellation of the allotted Booking is prohibited except in exceptional circumstances based on a justifiable explanation provided by the Driver. The Driver shall immediately inform “SMK Ride” in case of any cancellation or refusal of allotted Booking. Further, the Driver hereby agrees such cancellation or refusal to provide Service may, lead to a deduction in form of withholding of part or whole of the Driver Proceeds.

5.22 The Driver agrees that the costs associated with the maintenance of the Vehicle shall be borne by the Driver.

5.23 The Driver shall be solely responsible for:

i. any failure to complete a Service Request accepted by the Driver;

ii. any failure to pick up Customer(s) at the allotted time and/or place;

iii. any act or omission on the part of its Drivers including any rash and negligent driving, verbal, physical or harassment of any nature;

iv. any violation or non-adherence to the Applicable Law by it;

v. any nuisance or damage caused to the property of “SMK Ride” by the Driver or any misbehaviour with “SMK Ride” representatives; misbehaviour shall include within its purview using abusive language, causing physical harm and making indecent gestures;

vi. any physical and/or mortal danger caused to the Customers whilst using or in connection with the Service;

vii. any delay of more than 10 (ten) minutes caused to the Customer(s); and

viii. charging excess Total Fee from the Customer or charging the Customer more than what is displayed on the meter/device; and

5.24 The Driver, shall not either directly or indirectly:

i. engages in any conduct that damages the reputation or causes inconvenience in any manner, to “SMK Ride”; or

ii. be the reason for “SMK Ride” to be a part of any negative publicity.

5.25 The Driver hereby agrees that any complaint/s by Customers regarding the Vehicle or Driver will be considered to be a breach of the obligations by the Driver hereunder for which “SMK Ride” shall not be responsible in any manner. If there is any serious complaint regarding any particular Vehicle and/or Driver, “SMK Ride” may, in its sole discretion, immediately terminate the Account of such Driver, by providing a written notice to Driver to this effect.

5.26 Driver will maintain all relevant books, records and accounts relating to the Services provided by Driver and payments collected. Upon reasonable notice, “SMK Ride” may audit, or may appoint a qualified independent auditor to audit, the books and records of the Driver to verify the accuracy of the amount of payments collected by the Driver. If such audit reveals any discrepancies with respect to the payment collected and submitted to “SMK Ride”, then in addition to “SMK Ride” retaining the right to exercise other remedies, may require the Driver to promptly pay “SMK Ride” an amount equal to the discrepancy and may ask for an additional amount as fine from the Driver. The audits will be conducted at “SMK Ride’s expense; provided, however, that if the audit reveals an underpayment by the Driver with respect to collection and submission of payments to “SMK Ride” in excess of 5% (five percent), then Driver, in addition to payment obligations described above, will promptly reimburse “SMK Ride” for all reasonable, third party audit fees.

5.27 “SMK Ride” may require the Driver to affix “SMK Ride” brand including but not limited to its logo / sticker on the Vehicle. In such event, Driver shall extend all necessary support and assistance to “SMK Ride” for affixing “SMK Ride” brand on the Vehicle. It is hereby clarified that Driver will not be entitled for any additional payments for the “SMK Ride” logo / sticker affixed on the Vehicle, if any. “SMK Ride” logo / sticker / brand will be affixed subject to the provisions of Clause 14.4(v) of these Driver T&C.

6. DEVICE

The provisions relating to Transport Service Provider’s Device shall be as already set out in the Subscription Agreement.

7. CONTENTS POSTED ON PORTAL / DRIVER APP (AS APPLICABLE)

7.1 All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Portal / Driver App is owned, controlled or licensed by or to “SMK Ride” and is protected under the Applicable Law.

7.2 Except as expressly provided in these Driver T&C, the Driver shall not:

(i) Copy, reproduce, modify, damage, create derivative works including, without limitation, transformations, adaptations or altered versions from the Portal / Driver App (as applicable), or any portion thereof;

(ii) Breach, disable, tamper with, or develop or use (or attempt) any workaround for any security measure provided in the Portal / Driver App (as applicable);

(iii) Send spam or otherwise duplicative or unsolicited messages in violation of applicable laws, send or store infringing, obscene, threatening, libellous, or otherwise unlawful or tortuous material, including material harmful to children or violative of third-party privacy rights;

(iv) Store or disseminate material containing software viruses, worms, trojan horses or other harmful computer code, files, scripts, agents or programs;

(v) Use the Portal / Driver App in a way that infringes or misappropriates a third party’s

intellectual property rights or personal rights;

(vi) Use any device, software, or routine to interfere or attempt to interfere with the proper working of the Portal / Driver App (as applicable) or any activities conducted on the SMK Ride’s servers;

(vii) Copy, sell, sub-license or assign the Portal / Driver App (as applicable), and its rights under these Driver T&C, without the prior written consent of “SMK Ride”;

(viii) Distribute, disclose or allow use of the Portal / Driver App (as applicable) by any third party in any format, through any timesharing service, service bureau, network or by any other means.

7.3 You may use information on the Portal / Driver App (as applicable) purposely made available by “SMK Ride” for downloading from the Portal / Driver App (as applicable), provided that You:

(i) do not remove any proprietary notice language in all copies of such documents; or

(ii) use such information only for Your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media; or

(iii) make no modifications to any such information; or

8. SMK Ride’S RESERVED RIGHTS

8.1 “SMK Ride” may, upon notice to the Driver, delist or remove the Information pertaining to the Driver from the Portal / Driver App (as applicable).

9. PRIVACY TERMS

9.1 “SMK Ride” stores and processes Your Information, including any sensitive financial information, in accordance with the Information Technology Act, 2000 and the Rules made there under as well as the Privacy Policy of “SMK Ride” as may be notified to you via text message and/or email from time-to-time. If You object to Your Information being used in the manner prescribed by law or under SMK Ride’s Privacy Policy, please refrain from continuing to use and registering on the Portal / Driver App (as applicable).

9.2 Notwithstanding the foregoing, “SMK Ride” shall be entitled to disclose to all companies within its group, or any government body as may be required by law or by any official directive or request from such government body or any third party through a court process or other official agency, Your particulars, in any way as “SMK Ride”, in its absolute discretion, deems fit or if it considers it in its interests to do so.

10. REPRESENTATIONS AND WARRANTIES

10.1 You represent and warrant that:

i. You are eligible for registration on the Portal / Driver App (as applicable) and creation of an Account in terms of these Driver T&C.

ii. You have all requisite power and authority to, deliver and perform the obligations imposed herein;

iii. The execution and performance of the obligations do not and will not violate any provision of any existing agreement, law, rule, regulation, any order or judicial pronouncement to which You are a party;

iv. You are the rightful owner of the Vehicle or have the requisite authority or assignment to drive the Vehicle and there are no restrictions with respect to the use of the Vehicle that will hinder You from the performance of the Services;

v. You have all rights, licenses and permits as may require by Applicable Laws to perform the Service in accordance with the terms of the Driver Agreement and these Driver T&C. The Driver hereby represents that he shall maintain and continue to maintain all local licenses, permits, approvals and consents in respect the Vehicle. You shall be responsible and liable for any violation of any law, rule or regulation in the performance of its obligations under these Driver T&C.

vi. You have not been convicted by any court in India or any other country of any crimes including but not limited to involving moral turpitude. Further, You are not a party to any pending litigation which shall materially affect Your obligations under these Driver T&C.

10.2 You undertake that, at all times during the Term, You will:

i. abide by these Driver T&C, Zero Tolerance Policy and the “SMK Ride” Policies, as may be made applicable to You from time-to-time;

ii. perform the Service/(s) in accordance with all Applicable Laws;

iii. not violate the intellectual property rights of “SMK Ride” or of any third party and for any breach or violation of such intellectual property rights,

iv. be solely responsible to comply with “SMK Ride” Policies and adopt appropriate processes to prevent offering any illegal gratification in the form of bribes or gifts either in cash or in kind in the course of all dealings with “SMK Ride” or the Customer or any other third parties.

11. DISCLAIMER

11.1 You understand and acknowledge that “SMK Ride” disclaims and shall disclaim all representations and warranties to the Customer, of any kind, whether express or implied as to condition, suitability, quality, merchantability and fitness for any purposes in respect of any and all Vehicles of the Driver that are used by the Customers as a part of the Services and Services offered by the Driver through the App/Portal (as applicable).

11.2 “SMK Ride” does not warrant that You will be able to use the Portal / Driver App (as applicable) and/ or will be able to provide the Service/(s) at all times or locations on the Portal/Driver App or that the Portal/Driver App (as applicable) and the Services provided through the Portal / Driver App will be uninterrupted or error-free or that the defects will be capable of being corrected by “SMK Ride” in a timely fashion. “SMK Ride’s Portal or App, and all other technology developed and installed on the Device by “SMK Ride” are provided on an “AS IS” and “AS AVAILABLE” basis and “SMK Ride” specifically disclaims all warranties and indemnities, express, implied or statutory, including without limitation any warranty of merchantability, fitness for a particular purpose, accuracy, completeness, or any other warranty arising from the course of performance or course of dealing. “SMK Ride” also does not provide any warranties as regards the compatibility of “SMK Ride’s Portal (if applicable), Driver App or any other installed technology with the Device of the Driver and the results as well as performance of the Portal / Driver App (as applicable) may vary depending on the model of the Device.

12. CONFIDENTIALITY

12.1 You acknowledge that pursuant to this Driver T&C, you will have access to confidential information of “SMK Ride” and its affiliates which has been provided by “SMK Ride”. You undertake to keep confidential all data and other confidential information of “SMK Ride” and shall not sell or otherwise make that information available to any third parties.

12.2 Except as otherwise agreed, the data of Customers will be the exclusive property of “SMK Ride”, and You will not use the same for Your own purpose or distribute such data in any form or means except for the purpose of these Driver T&C and shall keep it confidential at all times. Confidential information would include but not be limited to Customer details, market information, all work products and documents related thereto, the contents of the Portal (if any), Driver App or any other information which is treated as confidential by “SMK Ride”, and any other information, whether orally or in writing, received or to be received by You, which is agreed to be treated as confidential, whether expressly or by implication.

13. INDEMNIFICATION AND LIMITATION OF LIABILITY

13.1 You agree and undertake to indemnify and to hold harmless “SMK Ride” its affiliates, successors, agents, assigns, and each of their directors, officers, employees, associates, agents, and representatives from and against any losses, damages, liability, claims, costs, penalty and expenses (including, without limitation, reasonable attorneys’ fees) incurred by reason of (i) any breach or alleged breach by You of the Your obligations, performance or observance of Your role, functions, responsibilities, representations, or warranties under the Driver T&C; (ii) any violation of “SMK Ride” Policies or any other policies provided by “SMK Ride”; (iii) any harm to the reputation and goodwill of “SMK Ride”; (iv) any claim of violation of intellectual property of a third party by Driver’s usage of “SMK Ride’s intellectual property in a manner not permitted under these Driver T&C; (v) Driver’s misconduct or unauthorized access to data on the Portal or permitting in any way by the Driver the transfer of such data to the competitors of “SMK Ride” or its affiliates or to any third party; and (vii) fraud, negligence and misconduct of the Driver.

13.2 You shall be liable to indemnify and hold “SMK Ride” harmless against all damages, losses, costs and expenses incurred by “SMK Ride” as a consequence of any complaint from any Customer received by “SMK Ride” with respect to defective Service/(s).

13.3 In addition to the indemnification rights of “SMK Ride” under these Driver T&C, “SMK Ride” shall also be entitled to such other remedies available under Applicable Laws.

13.4 In no event will “SMK Ride” be liable for any losses arising from or in connection with these Driver T&C, pursuant to any claim by the Driver against “SMK Ride” under contract, tort or otherwise, if such losses could have been avoided by the Driver using reasonable efforts to mitigate them. Further, “SMK Ride” shall also not be liable to the Driver in contract, tort or otherwise for indirect, special, incidental, exemplary, punitive, or consequential damages of any kind whatsoever even if advised of the possibility of such damages. Notwithstanding anything contrary contained elsewhere in the Agreement, the total cumulative liability of “SMK Ride” to the Driver or to any person claiming under or through it, shall not exceed INR 500/- (Rupees Five Hundred only).

13.5 “SMK Ride” shall not be responsible or liable for any loss or damage, howsoever caused or suffered by the Driver arising out of the use of the service offered by “SMK Ride” to the Driver directly or indirectly, for any reason whatsoever, including but not limited to damage or loss caused to You as a result of a Customer’s non-compliance, 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 telecommunications system or other circumstances whether or not beyond the control of “SMK Ride” or any person or any organization involved in the above mentioned systems. The Driver shall also be liable to “SMK Ride” for any loss caused to “SMK Ride” due to the negligence of Driver or any unlawful act or omission in the performance of the Service. Without prejudice to the above, “SMK Ride” shall not be liable for any direct or indirect loss or damage, which may be suffered by the Driver as a result of any failure by a Customer to show up within any stipulated time even if “SMK Ride” has agreed to such timing or even if the Customer has advised “SMK Ride” of the possibility that he / she may not show up within the stipulated time.

14. TERMINATION OF DRIVER REGISTRATION

14.1 The Parties to these Driver T&C shall be entitled to terminate these Driver T&C with a prior written notice of 5 (Five) Business Days to the other Party without assigning any reason for the termination.

14.2 The Parties to these Driver T&C shall be entitled to terminate these Driver T&C for any breach of any obligations, representations or warranties, or any other material terms as contained in this Driver T&C by a Party which is not the Party proposing to terminate the Driver T&C at the end of 3 (Three) days from the intimation of such breach to the breaching Party, if such breach is not rectified within 3 (Three) days.

14.3 Upon termination of these Driver T&C in the manner set out in Clause 14.1 and 14.2 above, the registration of the Driver on the Portal shall stand cancelled and the Account shall be terminated and the Driver shall not be eligible to ply his Vehicle on the Portal.

14.4 Upon the expiry or early termination of these Driver T&C:

i. The Driver shall pay to “SMK Ride” all amounts due and owing to “SMK Ride”.

ii. “SMK Ride” may, at its own discretion, return the Subscription/Registration Amount with such deductions as may be required to be made for the amounts and penalties/ Suspect Charges due to be paid by the Driver to “SMK Ride” under these Driver T&C.

iii. On the termination of Your registration, “SMK Ride” will settle the Driver Proceeds which have become due to You on account of the Service to the Customers through the Portal and for other activities agreed under the Subscription Agreement, prior to the date of termination.

iv. Each Party shall promptly return to the other Party all property and materials including all devices and including confidential information and materials, furnished to it by the other Party pursuant to these Driver T&C and/or the Subscription Agreement between the Parties. Where the confidential information cannot be returned in material form, the Party shall destroy the other Party’s confidential information.

v. The Parties shall cease all marketing and other activities contemplated under these Driver T&C and/or the Subscription Agreement. In connection with the marketing activities, on termination or expiration of the Subscription Agreement along with the Driver T&C, the Driver shall ensure that “SMK Ride” branding if affixed / displayed on the Vehicle and / or any other branding affixed / displayed on the Vehicle (as directed by “SMK Ride” and mutually agreed between the Parties), if any, shall be immediately removed. If the Driver is unable to remove the branding himself, Driver shall promptly approach “SMK Ride’s nearest office for removal of the branding. “SMK Ride” disclaims all liabilities, whether civil, criminal, tortious, or otherwise, that may accrue as a consequence of continued use of any branding by the Driver after expiry or termination of the Subscription Agreement and Driver T&C.

14.5 Clauses 7 (Contents Posted on Mobile Application), 9 (Privacy Terms), 11 (Disclaimer), 12 (Confidentiality), 13 (Indemnification and Limitation of Liability), 14 (Termination of Driver Registration) and 15 (Dispute Resolution, Governing Law and Jurisdiction) shall survive the expiry/termination of these Driver T&C in accordance with their terms.

14.6 Expiry or earlier termination of this Agreement will not prejudice any rights of the Parties that may have accrued prior to expiry or termination.

14.7 Without prejudice to the foregoing, the termination of Your registration pursuant to any of the provisions contained herein above shall not limit or otherwise affect any other remedy (including a claim for damages), which “SMK Ride” may have, arising out of the event which gave rise to the right of termination.

15. DISPUTE RESOLUTION, GOVERNING LAW AND JURISDICTION

15.1 If any dispute arises between You and “SMK Ride”, in connection with, or arising out of, these Driver T&C, the dispute shall be referred to arbitration under the Arbitration and Conciliation Act, 1996 (Indian) to be adjudicated by a sole arbitrator to be appointed by “SMK Ride”. Arbitration shall be held in Darbhanga, Bihar. The proceedings of arbitration shall be in the English or Hindi language. The arbitrator’s award shall be final and binding on the Parties.

15.2 These Driver T&C shall be governed by and construed in accordance with the laws of India.

15.3 Subject to clause 15.1, the courts in Darbhanga, Bihar shall have the exclusive jurisdiction in connection with this Agreement.

15.4 In addition to above remedies, “SMK Ride” shall be entitled to an interim injunction, restraining order or such other equitable relief as a court of competent jurisdiction may deem necessary or appropriate to restrain You from committing any violation of Your covenants and obligations. These injunctive remedies are cumulative and are in addition to any other rights and remedies “SMK Ride” may have at law or in equity.

16. MISCELLANEOUS

16.1 Entire Agreement: The Parties hereby agree that the Subscription Agreement, Annexures and these Driver T&C along with Commercial Term Segment, “SMK Ride” Policies, Zero Tolerance Policy and any other policy that “SMK Ride” notifies to the Driver from time-to-time shall constitute the entire agreement between them and shall supersede and override all previous communications, either oral or written, between the parties with respect to the subject matter of this Agreement. In the event of any contradiction or inconsistency between the Driver T&C and any other agreement executed between the parties, the terms of the Driver T&C shall prevail unless the exception has been expressly agreed to in writing by making reference to the relevant Clause sought to be modified under these Driver T&C.

16.2 Independent Contractor Status: The relationship created by Driver T&C is that of independent contractors, and not partners, franchisees or joint ventures. The Driver shall not be deemed for any purpose to be an employee of “SMK Ride” or any of its Affiliates. “SMK Ride” shall not be responsible to the Driver or any governing body for any payroll-related taxes related to the performance of Services hereunder, including but not limited to, withholding or other taxes related to central or state income tax, social security benefits or unemployment compensation.

16.3 Force Majeure: Any delay in or failure to perform any obligations by either party under the Driver T&C shall not constitute default hereunder if and to the extent caused by force majeure, which is defined to be occurrences beyond the reasonable control of such Party committing default, including and limited to acts of the government authorities, acts of God, fire, flood, explosion, riots, war, rebellion, insurrection (“Force Majeure”). Provided, however, you shall give prompt written notice within a period of 5 (Five) days from the date of the force majeure occurrence to “SMK Ride”. You shall use all reasonable efforts to avoid or remove such cause of non-performance and shall continue performance hereunder whenever such causes of force majeure are removed. In the event the Force Majeure event continues for a period of 5 (Five) days from the date on which “SMK Ride” receives the notice from You as above, “SMK Ride” shall have the right to terminate these Driver T&C.

16.5 Notices: Any notices, requests and other communications required or permitted hereunder shall be in writing and may be sent by any of the following means to the receiving Party at the relevant addresses set forth in these Driver T&C:

i. By electronic mail.

“SMK Ride”: [email protected] ;

Transport Service Provider: As provided during registration.

ii. By SMS sent to mobile number at:

“SMK Ride”: Not Applicable;

Transport Service Provider: As provided during registration.

iii. By hand, against a written acknowledgement of receipt by the receiving Party.

“SMK Ride”: Near Custom Office, Khanka Chowk, Darbhanga – 846004, Bihar, India

Transport Service Provider: As provided during registration.

iv. By registered mail. Same as mentioned in 16.5(iii) above.

In the event the delivery of the notice is attempted to be made at all the contact addresses provided by the party, the notice shall be deemed delivered on the third day from the date of the notice.

16.6 Amendment: These Driver T&C may be modified or amended by “SMK Ride” at its sole and absolute discretion.

ZERO TOLERANCE POLICY

Driver will strictly follow ZERO TOLERANCE policy which shall be subject to change and any changes shall be intimated to the Driver from time-to-time via SMS or e-mail. ZERO TOLERANCE policy is mentioned below:

Breach/Fine Consequences: AS INFORMED BY “SMK Ride” FROM TIME-TO-TIME

Breach Cases:

1. Asking for tips:

Driver shall not Proactively ask for ‘tips’ from the Customer. Driver shall not hassle the

Customer for change.

2. Wasting Customer’s Time:

Driver shall not stop the Vehicle for filling fuel in between the journey. Driver shall not make any Personal stops during the journey.

3. Personal hygiene:

Driver shall wear neat uniform & badge (only if provided by RisingMithila Business Private Limited) at all times during duty hour. Driver shall maintain personal hygiene.

4. Customer Service:

Driver shall greet Customers both at pick up and drop. Driver shall manage the luggage (both at pick-up and drop point). Driver shall ensure that vehicle’s AC is turned on before Customer sits in the Vehicle.

5. Vehicle Cleanliness:

Driver shall keep the Vehicle and dashboard clean. Driver shall make the Vehicle available for field audit within 2 days’ time period from such breach. Till then no bookings shall be provided, and the Vehicle will be blocked from the device.

6. Disturbing Customer:

Driver shall not play loud music (above mid-level of the stereo) or music through any kind of earphone device. Driver shall not unnecessarily blow horn. Driver shall not proactively engage into a personal conversation with the Customer and shall not resort to any kind of unpleasant behaviour with Customers.

7. No Smoking/Tobacco/Pan/Masala/Food Item:

Driver shall not smoke inside the Vehicle. Driver shall not chew any masala or chewing gum or any other food item while a ride is in progress.

8. The Driver shall ensure that he has adequate change with him so that at all times he is in the position to return the balance amount to the Customer.

9. The Driver should not make any fake calls or give any missed calls to the Customer’s contact number. The Driver should only give a call to the Customer informing the Customer about the arrival of the Vehicle at the destination. Driver shall not make unwarranted use of the Customer contact details after the customer has been dropped at the destination.

10. The Drivers shall be well versed with the routes. The Driver shall not take any long route when there is another short route known to him for reaching the destination. The

Drivers are not expected to halt at several places during the journey due to lack of knowledge of the routes.

11. Delay in Pick – Up:

Driver should reach the pickup point (before pick-up time). Driver must intimate the Customer that he has reached at the pick - up location.

12. Driver should keep his mobile ‘ON’ while he is logged into the “SMK Ride” Portal and he should receive every call of the Customer. Driver should not make any deliberate attempt to park the Vehicle in ‘non-network’ area while the Customer is away for his/her personal work.

13. Vehicle Branding:

“SMK Ride” Sticker (if any, given by “SMK Ride”), on the Vehicle should not be removed till the Vehicle is active on the Platform.

14. Rude Behaviour with Female Customer:

Driver shall not under any circumstance argue with the Customer/use abusive words / raise his voice tone while talking to the Customer. Driver should follow the instructions

given by Customer as well as by “SMK Ride” Service Centre.

15. Mobile Phone Usage:

Driver shall not use mobile phones (unless for emergency purposes) while driving. This includes but not limited to SMS, video calls, voice, MMS and downloading. However, this shall not apply in case of calls from “SMK Ride” representatives and the Customer.

16. Reporting To “SMK Ride”:

Driver shall not lie about Vehicle’s position to the “SMK Ride” representative. Driver shall not report meter/Device readings incorrectly. Driver shall provide opening and closing readings of the odometer on time as and when such reading is required to be provided by the “SMK Ride” representatives.

17. Rash Driving:

Driver shall not exceed the speed limit of:

(i) 50 Kms per hour within the city; (ii) 60 Kms per hour on state highways; and (iii) 80 Kms per hour on National highways. If any other speed limits prescribed for any road which is lower than the speed limits specified in (i), (ii) and (iii) above, the Driver shall follow the said prescribed lower speed limits. Driver should not apply sudden breaks and should not take sharp turns that may cause inconvenience to the Customer.

18. Driving License (DL) & Other RTO Documents:

While on duty hours with “SMK Ride” it is mandatory to keep DL and all relevant RTO impacting papers (T-permit, PUC, Insurance, RC, etc.).

19. While performing the Taxi Services, Driver should not sleep in the Vehicle.

20. Driver shall not reject the booking on his own at the time of allotment under any circumstances (unless permitted by “SMK Ride”).

21. Driver shall not reject a booking or a Customer once he has accepted the duty and

logged in and shall not switch off his mobile under any circumstances.

22. Missing luggage:

Driver should hand over the luggage or bags to the office, if the Customer has mistakenly left any luggage in his cab or the Driver should call to the Customer and inform him that he has forgotten his belonging in the cabs.

23. Device Misuse:

Driver shall ensure that the Device (as defined in the Driver T&C) shall not be misused in any ways

24. Traffic Rules:

Driver shall obey all traffic rules including traffic signals. Driver shall keep all statutory

documents (insurance documents, vehicle registration book/card, PUC Certificate, etc.) at all times. Driver shall wear seat belt all the time while driving.

25. Driver lying or completing service in bad faith:

Driver should follow the best and shortest possible route to reach the destination. Driver should not misrepresent or misguide the routes or duty slips to increase the fare.

26. Driver shall not consume/intake or be under the influence of alcohol or narcotic substances while logged into the “SMK Ride” Portal.

27. Abusive or discriminatory Driver:

Driver should not do anything like abusing the Customer, talking to Customer or any such behaviour which shall make the Customer feel uncomfortable during journey. Driver should not discriminate against Customer for any reason, including on the basis of sex, race, caste, creed, religion, disability or nationality.

28. Rude behaviour/ Customer inconvenience:

Driver should not ask the Customer to get down from his vehicle in the middle of the journey even if any misunderstanding or verbal fights happen between the Customer and the Driver. If his Vehicle gets breakdown, he himself should call the “SMK Ride” office and make arrangement for another vehicle at any cost for the Customer and drop the Customer to the drop location.

29. Extra Ordinary Circumstances:

Any instance of Driver’s behaviour that directly or indirectly impacts the Company’s “Brand Image”.

30. Maximum Weight:

Never load the vehicle above the manufacturer’s maximum specified weight.

31. Medically Fit:

Never drive the vehicle if medical conditions will impact the driving.

32. Unauthorized Goods or Persons:

Not carry any unauthorized goods or persons till the completion of the Ride.

ANNEXURE C

COMMERCIAL TERMS SEGMENT

Details of the following commercial terms will be informed by “SMK Ride” from time-to-time:

Description of Commercial Terms

1. Transport Service Provider Device Model & Serial No.

2. Platform Subscription Fees for the use of “SMK Ride” technology platform (Rs.) (If applicable)

3. Incentives (If applicable)

4. Commission Payable to “SMK Ride” (Percentage)

5. Commission Payable to “SMK Ride” (Percentage) for “SMK Ride” Share Rides (if applicable)

Key Terms:

(i) All payments due to the Transport Service Provider shall be made through NEFT/RTGS etc., as mutually agreed from time-to-time.

(ii) Incentive (if any and if applicable) may be given to the Transport Service Provider by “SMK Ride” from time-to-time. The Incentives shall be determined after taking into consideration all dues, fines, charges, interest, claims, costs, expenses etc. For the sake of clarity, both the parties acknowledge and agree that the foregoing amounts are only for limited purposes of arriving at the value of Incentives.

(iii) You authorize “SMK Ride” to make deductions from the Transport Service Provider Proceeds which includes the following:

(a) Tax Deduction at Source (TDS) as per the Income Tax Act, 1961, where applicable.

(b) service tax and other applicable taxes; and

(iv) The terms in this Commercial Terms Segment is subject to change and may be communicated to the Transport Service Provider via SMS/call to registered mobile number and Transport Service Provider shall also visit Portal/APP of “SMK Ride” time-to-time to check the revised Terms & Conditions.

(v) The Transport Service Provider hereby agrees that discounts given to the users of the Portal, if any, will be decided by “SMK Ride” on a case-to-case basis which shall be informed to the Transport Service Provider by “SMK Ride”, and the Fee finally appearing on the Device configured by “SMK Ride” for settlement between the Transport Service Provider and “SMK Ride” shall be final and binding on the Transport Service Provider. The Transport Service Provider shall agree to the same without demur or protest.

(vi) “SMK Ride” reserves the right to change the rates and payment terms between the Transport Service Provider and “SMK Ride” mentioned in the Commercial Term Segment at any given point in time, which shall be notified to the Transport Service Provider.

(vii) Notwithstanding anything contained in this Agreement, where “SMK Ride” has reason to believe that any charges/debits in respect of the Fee have been fraudulently incurred (“Suspect Charge”), “SMK Ride” will always be entitled to deduct an amount equivalent to Suspect Charge from the Subscription/Registration Amount or in the event of insufficient Subscription/Registration Amount, “SMK Ride” will be entitled to require the Transport Service Provider to remit the Suspect Charge in cash with “SMK Ride”.

(viii) Credit Limit: The Transport Service Provider shall be allowed an amount of Rs.1000 as the Credit Limit for each vehicle registered to operator on “SMK Ride” platform. “Credit Limit” means allowable outstanding receivables of “SMK Ride” from the Transport Service Provider. The Transport Service Provider shall ensure that the Credit Limit shall not exceed Rs.1000 at any point in time. However, “SMK Ride” shall at its sole discretion change the allowable Credit Limit for the Transport Service Providers from time-to-time and shall notify the same to the Transport Service Provider.

(ix) “SMK Ride” shall notify the Transport Service Provider as soon as the Credit Limit is reached. Once, the Credit Limit exceeds the above specified limit, the Account will become inactive without any further notification. The Vehicle(s) will not be allotted any further bookings till the Transport Service Provider pays the outstanding amount exceeding the specified credit limit. The Transport Service Provider can pay the outstanding amount via cash, cheque or NEFT.

(x) Settlement: Pursuant to any settlement (“Settlement”) that the Transport Service Provider is required to make with “SMK Ride”, under the terms of this Agreement and/or these the Transport Service Provider T&C, whether for a breach of this Agreement and/or the Transport Service Provider T&C or otherwise, “SMK Ride” shall send a report of the Settlement by short message service (SMS) / email / post, giving full details of the amounts and reasons thereof, forming part of the Settlement, to the Transport Service Provider. The Transport Service Provider shall make payment of the amounts mentioned in the Settlement to “SMK Ride” within 5 (Five) days from the date of receipt of such Settlement details. If the Transport Service Provider fails or refuses to make payment in respect of such Settlement within such 5 (Five) days, “SMK Ride” shall have the right thereafter without any reference to the Transport Service Provider, to deduct the amounts mentioned in the Settlement details from the Subscription/Registration Amount. If the Subscription/Registration Amount is insufficient to meet the Settlement amount, then the balance shall be recoverable forthwith from the Transport Service Provider by “SMK Ride”.

ANNEXURE D

ELIGIBILITY CRITERIA

i. The Transport Service Provider must be competent to contract within the meaning of the Indian Contract Act, 1872.

ii. The Transport Service Provider must have a ‘Reserve Bank of India KYC compliant’

bank account.

iii. The Transport Service Provider must not be convicted of any offence for the preceding 10 years.

iv. The Transport Service Provider must be a man of good repute and character and must never have been convicted of an offence involving moral turpitude and that no warrant, summons, FIR or any other process must have been initiated against or issued in Transport Service Provider’s name by any court of law, Governmental authority or law enforcement agency. Further, no proceeding must be pending against the Transport Service Provider regarding and neither have Transport Service Provider been convicted of (a) driving under the influence of drugs or alcohol or (b) any cognizable offence under the Code of Criminal Procedure, 1973, including fraud, sexual offences, use of a motor vehicle to commit cognizable offence, or of any crime involving property damage, theft, acts of violence, or acts of terror.

v. The Transport Service Provider must have identity proof / badge and commercial driving license as required under the Motor Vehicles Act, 1988 and the rules made thereunder OR The Transport Service Provider must provide identity proofs / badges and commercial driving licenses in respect of the drivers proposed to be used for the Transport Services and as required under the Motor Vehicles Act, 1988 and the rules made thereunder.

vi. The Transport Service Provider must have registration certificate, fitness certificate,

pollution certificate, contract carriage permit and mandatory insurance policy in respect of each Vehicle of the Transport Service Provider proposed to be used for the Transport Services.

Terms & Conditions

DRIVER/ PARTNER TERMS & CONDITIONS

Company

Services & Locations

Service Types

Partnership

Other Link

Contact Us