Terms & Conditions

Terms of Service
Date Effective: January, 2021
This website (the "Site") is owned and operated by KITTIM CO. LLC D/B/A ROADYO (“COMPANY” "we" or "us"). By using the Site, you agree to be bound by these Terms of Service and to use the Site in accordance with these Terms of Service, our Privacy Policy, our Shipping Policy, our Return Policy and any additional terms and conditions that may apply to specific sections of the Site or to products and services available through the Site or from COMPANY. Accessing the Site, in any manner, whether automated or otherwise, constitutes use of the Site and your agreement to be bound by these Terms of Service.We reserve the right to change these Terms of Service or to impose new conditions on use of the Site, from time to time, in which case we will post the revised Terms of Service on this website. By continuing to use the Site after we post any such changes, you accept the Terms of Service, as modified.Intellectual Property RightsOur Limited License to You. This Site and all the materials available on the Site are the property of us and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. The Site is provided solely for your personal noncommercial use. You may not use the Site or the materials available on the Site in a manner that constitutes an infringement of our rights or that has not been authorized by us. More specifically, unless explicitly authorized in these Terms of Service or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Site. You may, however, from time to time, download and/or print one copy of individual pages of the Site for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.Your License to Us. By posting or submitting any material (including, without limitation, comments, blog entries, Facebook postings, photos and videos) to us via the Site, internet groups, social media venues, or to any of our staff via email, text or otherwise, you are representing: (i) that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material; and (ii) that you are thirteen years of age or older. In addition, when you submit, email, text or deliver or post any material, you are granting us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, email address or screen name, as we deem appropriate.You acknowledge and agree that any contributions originally created by you for us shall be deemed a “work made for hire” when the work performed is within the scope of the definition of a work made for hire in Section 101 of the United States Copyright Law, as amended. As such, the copyrights in those works shall belong to COMPANY from their creation. Thus, COMPANY shall be deemed the author and exclusive owner thereof and shall have the right to exploit any or all of the results and proceeds in any and all media, now known or hereafter devised, throughout the universe, in perpetuity, in all languages, as COMPANY determines. In the event that any of the results and proceeds of your submissions hereunder are not deemed a “work made for hire” under Section 101 of the Copyright Act, as amended, you hereby, without additional compensation, irrevocably assign, convey and transfer to COMPANY all proprietary rights, including without limitation, all copyrights and trademarks throughout the universe, in perpetuity in every medium, whether now known or hereafter devised, to such material and any and all right, title and interest in and to all such proprietary rights in every medium, whether now known or hereafter devised, throughout the universe, in perpetuity. Any posted material which are reproductions of prior works by you shall be co-owned by us.You acknowledge that COMPANY has the right but not the obligation to use and display any postings or contributions of any kind and that COMPANY may elect to cease the use and display of any such materials (or any portion thereof), at any time for any reason whatsoever.Limitations on Linking and Framing. You may establish a hypertext link to the Site so long as the link does not state or imply any sponsorship of your site by us or by the Site. However, you may not, without our prior written permission, frame or inline link any of the content of the Site, or incorporate into another website or other service any of our material, content or intellectual property.DisclaimersThroughout the Site, we may provide links and pointers to Internet sites maintained by third parties. Our linking to such third-party sites does not imply an endorsement or sponsorship of such sites, or the information, products or services offered on or through the sites. In addition, neither we nor affiliates operate or control in any respect any information, products or services that third parties may provide on or through the Site or on websites linked to by us on the Site.If applicable, any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, are those of the respective authors or distributors, and not COMPANY. Neither COMPANY nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content. Furthermore, COMPANY neither endorses nor is responsible for the accuracy and reliability of any opinion, advice, or statement made on any of the Sites by anyone other than an authorized COMPANY representative while acting in his/her official capacity.THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE SITE AND BY COMPANY AND ANY THIRD-PARTY SITES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS SITE, INCLUDING BULLETIN BOARDS, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR MATERIALS ON THIS SITE OR ON THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.You agree at all times to defend, indemnify and hold harmless COMPANY its affiliates, their successors, transferees, assignees and licensees and their respective parent and subsidiary companies, agents, associates, officers, directors, shareholders and employees of each from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to your breach of any obligation, warranty, representation or covenant set forth herein.Online CommerceCertain sections of the Site may allow you to purchase many different types of products and services online that are provided by third parties. We are not responsible for the quality, accuracy, timeliness, reliability or any other aspect of these products and services. If you make a purchase from a merchant on the Site or on a site linked to by the Site, the information obtained during your visit to that merchant's online store or site, and the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by both the merchant and us. A merchant may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies. In addition, when you purchase products or services on or through the Site, you may be subject to additional terms and conditions that specifically apply to your purchase or use of such products or services. For more information regarding a merchant, its online store, its privacy policies, and/or any additional terms and conditions that may apply, visit that merchant's website and click on its information links or contact the merchant directly. You release us and our affiliates from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase or use of any products or services made available by third parties through the Site.Your participation, correspondence or business dealings with any third party found on or through our Site, regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that COMPANY shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You also agree not to make any purchases for speculative, false or fraudulent purposes or for the purpose of anticipating demand for a particular product or service. You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party's personal information to us or a merchant, you represent that you have obtained the express consent of such third party to provide such third party's personal information.Interactive FeaturesThis Site may include a variety of features, such as bulletin boards, web logs, chat rooms, and email services, which allow feedback to us and real-time interaction between users, and other features which allow users to communicate with others. Responsibility for what is posted on bulletin boards, web logs, chat rooms, and other public posting areas on the Site, or sent via any email services on the Site, lies with each user - you alone are responsible for the material you post or send. We do not control the messages, information or files that you or others may provide through the Site. It is a condition of your use of the Site that you do not:• Restrict or inhibit any other user from using and enjoying the Site.• Use the Site to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.• Interfere with or disrupt any servers or networks used to provide the Site or its features, or disobey any requirements, procedures, policies or regulations of the networks we use to provide the Site.• Use the Site to instigate or encourage others to commit illegal activities or cause injury or property damage to any person.• Gain unauthorized access to the Site, or any account, computer system, or network connected to this Site, by means such as hacking, password mining or other illicit means.• Obtain or attempt to obtain any materials or information through any means not intentionally made available through this Site.• Use the Site to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law.• Use the Site to post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder.• Use the Site to post or transmit any information, software or other material that contains a virus or other harmful component.• Use the Site to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising.• Use the Site to advertise or solicit to anyone to buy or sell products or services, or to make donations of any kind, without our express written approval.• Gather for marketing purposes any email addresses or other personal information that has been posted by other users of the Site.COMPANY may host message boards, chats and other private/public forums on its Sites and on other platforms. Any user failing to comply with the terms and conditions of this Agreement may be expelled from and refused continued access to, the message boards, groups, chats or other such forums in the future. COMPANY or its designated agents may remove or alter any user-created content at any time for any reason. Message boards, chats and other public forums are intended to serve as discussion centers for users and subscribers. Information and content posted within these public forums may be provided by COMPANY staff, COMPANY's outside contributors, or by users not connected with COMPANY, some of whom may employ anonymous user names. COMPANY expressly disclaims all responsibility and endorsement and makes no representation as to the validity of any opinion, advice, information or statement made or displayed in these forums by third parties, nor are we responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages. Under no circumstances will we, our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on information obtained through these forums. The opinions expressed in these forums are solely the opinions of the participants, and do not reflect the opinions of COMPANY or any of its subsidiaries or affiliates.COMPANY has no obligation whatsoever to monitor any of the content or postings on the message boards, chat rooms or other public forums on the Sites. However, you acknowledge and agree that we have the absolute right to monitor the same at our sole discretion. In addition, we reserve the right to alter, edit, refuse to post or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, our clients, sponsors, users and visitors.RegistrationTo access certain features of the Site, we may ask you to provide certain demographic information including your gender, year of birth, zip code and country. In addition, if you elect to sign-up for a particular feature of the Site, such as chat rooms, web logs, or bulletin boards, you may also be asked to register with us on the form provided and such registration may require you to provide personally identifiable information such as your name and email address. You agree to provide true, accurate, current and complete information about yourself as prompted by the Site's registration form. If we have reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). Our use of any personally identifiable information you provide to us as part of the registration process is governed by the terms of our Privacy Policy.PasswordsTo use certain features of the Site, you will need a username and password, which you will receive through the Site's registration process. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.Limitation of LiabilityUNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE, OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, INCLUDING OUR MESSAGING, BLOGS, COMMENTS OF OTHERS, BOOKS, EMAILS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SITE OR BY US IN ANY WAY, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE, ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE SITE'S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE PRODUCTS, SERVICES AND/OR MATERIALS.THIS SITE IS CONTINUALLY UNDER DEVELOPMENT AND COMPANY MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE.WITH REGARDS TO CONTENT RELATING TO HEALTH & WELLNESS ON THE SITE:THIS SITE OFFERS HEALTH, WELLNESS, FITNESS AND NUTRITIONAL INFORMATION AND IS DESIGNED FOR EDUCATIONAL PURPOSES ONLY. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THIS SITE. THE USE OF ANY INFORMATION PROVIDED ON THIS SITE IS SOLELY AT YOUR OWN RISK.NOTHING STATED OR POSTED ON THIS SITE OR AVAILABLE THROUGH ANY SERVICES ARE INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE. FOR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE.TerminationWe may cancel or terminate your right to use the Site or any part of the Site at any time without notice. In the event of cancellation or termination, you are no longer authorized to access the part of the Site affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from the Site, and the disclaimers and limitations of liabilities set forth in these Terms of Service, shall survive.Refund PolicyYour purchase of a product or service or ticket to an event may or may not provide for any refund. Each specific product, service, event or course will specify its own refund policy.OtherThe Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe in good faith that materials hosted by COMPANY infringe your copyright, you, or your agent may send to COMPANY a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon COMPANY actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send to COMPANY a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. COMPANY's Copyright Agent for notice shall be [INSERT EMAIL ADDRESS]This Agreement shall be binding upon and inure to the benefit of COMPANY and our respective assigns, successors, heirs, and legal representatives. Neither this Agreement nor any rights hereunder may be assigned without the prior written consent of COMPANY Notwithstanding the foregoing, all rights and obligations under this Agreement may be freely assigned by COMPANY to any affiliated entity or any of its wholly owned subsidiaries.Dispute Resolution:These Terms of Use shall be governed by and construed in accordance with the laws of the State of Michigan and any dispute shall be subject to binding arbitration in Traverse City, Michigan. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.Class Action WaiverYou may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren't allowed.The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless all relevant parties specifically agree to do so following initiation of the arbitration.SeverabilityIf any clause within these Terms of Service (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from these Terms of Service, and the remainder of these Terms of Service will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the dispute will be decided by a court.

TERMS AND CONDITIONS FOR PARTNERS / DRIVERSTHIS 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.The Company provides technology-based services for (i) facilitating on-demand transportation services, (ii) users to pick up and drop off packages from one location to the other through the Partners / Drivers (defined hereinafter) and (iii) Connect the users with merchants/stores and buy items from such stores and get them delivered to them by the Partners / Drivers (collectively "Services") between Partners / Drivers and commuters by means of the Company's website and the mobile application "RoadYo " (" Portal"). The Services are provided by means of two-wheelers ("Vehicle") offered by third party vehicle operators or riders ("Partners / Drivers") who wish to offer such Services through the Vehicles.On the basis of the representations and warranties provided by the Partner / Driver, the Company has agreed to list the Vehicle(s) on the Portal to enable the Partner / Driver to provide the Services through the Portal in accordance with the terms and conditions as hereinafter provided ("T&Cs").1. GENERAL COVENANTSThe Company shall take the booking request and forward it to the Partner / Driver through an app-based device operating on GPS-GPRS based device installed in the vehicle.The Company reserves the right to discontinue or introduce any of the modes of booking Vehicles and/or for providing services for the transmission of parcels. At no time whatsoever shall the Partner / Driver tamper, damage, open or do anything to the parcels that he/she is not specifically permitted to do during the course of providing the Services.The Partner / Driver shall have the sole discretion to accept or reject each request for the Service.The Partner / Driver warrants that the information it provides to the Company is accurate and complete. The Company is entitled at all times to verify the information that has been provided.The Partner / Driver will refrain from doing anything which the Company reasonably believes to be disreputable or capable of damaging the Company's reputation and will comply with all applicable laws of the Republic of India.In relation to the Portal, the Partner / Driver agrees to:not authorize others to use his account on the Portal;not assign or otherwise transfer his account to any other person or legal entity;not use the Portal for unlawful purposes, including but not limited to sending or storing any unlawful material or for fraudulent purposes;not use the Portal to cause nuisance, annoyance or inconvenience;not impair the proper operation of the network;not try to harm the Portal in any way whatsoever;not copy, or distribute any content on the Portal without written permission from the Company;keep secure and confidential the account password or any identification which the Company may provide to the Partner / Driver which allows access to the Portal;provide the Company with whatever proof of identity the Company may request.The Company reserves the right to immediately terminate the use of the Portal by the Partner / Driver if he does not comply with any of the above rules in Clause 1.6.2. PAYMENT TERMSThe Company has the discretion to charge any such fees from the Partner / Driver as updated on the Portal from time to time.The Company charges a convenience fee from the commuters for providing the Services through the Partners / Drivers. Further, the Partner / Driver authorizes the Company to collect the service/travel fee ("Fare") from the users on behalf of the Partners / Drivers.If the Fare is collected in cash by the Partner / Driver it will get adjusted against the convenience fee.3. REPRESENTATIONS AND WARRANTIESThe Partner / Driver and the Company represent that:they have all requisite power and authority to, deliver and perform the obligations imposed herein;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 which is applicable to each party;they have not been convicted by any court in India or any other country of any crimes including but not limited to involving moral turpitude.The Partner / Driver hereby represents that:he has 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 the Driver from the performance of the Services using the Portal;he has all rights, licenses, and permits as may be required under applicable laws to perform the Service in accordance with these T&Cs;he is in compliance with the Motor Vehicles Act, 1988, Food Safety and Standards Act 2006 and other applicable laws as required to be complied with by any person driving Vehicles;he shall hold and keep updated/renewed licenses, insurance and permits necessary for the use of Vehicles.he shall not drive rashly, shall follow traffic regulations and all applicable laws during the performance of the Services, not consume liquor/cigarette/bidi, or any other kind of intoxicant while performing the Services and shall have and hold a valid driving license and registration/insurance papers for the Vehicle at all times. The Partner / Driver shall not take any personal calls except in the event of an emergency, without prejudicing the safety of the Vehicle and the customer. The Partner / Driver shall take all calls from the customer and the Company 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.he shall provide the services in a courteous and professional manner as reasonably expected by a service provider providing the Services.he shall at all times during which he is undertaking the Services, maintain dress, appearance, and hygiene codes.he shall perform its obligations with promptness and use reasonable care and skill and in accordance with standards of diligence, care, skill, quality and integrity to be reasonably expected of an experienced and reputable provider of Services;he shall perform each pick-up and delivery in the most efficient manner possible and shall make best efforts to adhere to the timelines prescribed.he shall also ensure the safety of packages is not compromised at the time of delivery.he shall not consume any alcoholic beverages or any other intoxicating/banned substances prior to or during the performance of the Services.his total earnings for any given financial year do not exceed INR 20,00,000 (Rupees Twenty Lakhs) and that he is an unregistered GST service provider.he covenants that he shall promptly inform the Company in case his total earnings exceeds or is expected to exceed INR 20,00,000 (Rupees Twenty Lakhs) in a financial year.4. RELATIONSHIP BETWEEN THE PARTIESIndependent Contractor: The Partner / Driver shall operate as and have the status of an independent contractor. The relationship between the Company and the Partner / Driver is on a principal-to-principal basis. The Company and the Partner / Driver are independent legal entities, and nothing in these T&Cs will be construed to create a partnership, joint venture, an association of persons, agency (disclosed or undisclosed), franchise, sales representative, or employment relationship between the Company and the Partner / Driver. It is clarified that the Partner / Driver will not have any right to conclude any contract for and / or on the behalf of the Company.5. PARTNER / DRIVER INFORMATIONRoadYo  may collect Partner / Driver Information at the time of onboarding of the Partners / Drivers, to establish the identity of the Partners / Drivers. RoadYo  reserves the right to store, process, access and use the Partner / Driver Information for business purposes and needs, background check, verification, marketing, service, development, analytics, research, and any other purpose as RoadYo  may deem fit and in accordance with Applicable Law. The Partner / Driver hereby expressly consents to such collection and use of Partner / Driver Information.Subject to applicable laws, RoadYo  may provide to a third party, governmental agency, judicial body, any Partner / Driver Information or information relating to the Partner / Driver, if there is a complaint, dispute or conflict, including any accident involving a Partner / Driver on one hand and end-consumer, or a third party on the other hand;"Partner / Driver Information" shall mean and include any personal data collected from the Partner / Driver including know your customer documents with Partner / Driver's bank, copies of valid government-issued vehicle registration certificate, mobile number, bank account details, vehicle insurance copy, driving license, identity proof, residence proof, location data, proof of ownership of Partners / Drivers' Vehicle and any other information that RoadYo  may deem fit;6. CONFIDENTIALITYThe Partner / Driver shall keep confidential all data including customer details, market information, all work products and documents related thereto, the contents of the Portal and shall not sell or otherwise make that information available to any third parties. Except as otherwise agreed, the data of customers will be the exclusive property of the Company, and the Partner / Driver will not use the same for any purpose or distribute such data in any form or means except for the purpose of providing the Services and other than as permitted by the Company and shall keep it confidential at all times.7. INDEMNITYThe Partner / Driver agrees to indemnify, defend and hold the Company harmless from and against any claim, liability, obligation, loss, damage, deficiency, assessment, judgment, cost or expense (including, without limitation to costs and expenses incurred in preparing and defending against or prosecuting any litigation, claim, action, suit proceeding or demand) of any kind or character, arising out of or in any manner incidental, relating, or attributable to any inaccuracy, breach, or failure by the Partner / Driver to perform its obligations under these T&Cs or the applicable laws in relation to performance of the Services.8. LIMITATION OF LIABILITYThe Company is not liable to the Partner / Driver, for any condition, suitability, quality, merchantability and fitness for any purposes in respect of the Portal or the services provided through the Portal and is not liable for any civil, criminal, tortious, or any other liability, that may accrue as a consequence of the use and access of the Portal.To the extent permissible under applicable laws, the Company is not liable for any civil, criminal, tortious, or any other liability, that may accrue as a consequence of the breach by the Service Provider (a) of the applicable laws in respect of the use of the Portal or providing the Services; (b) of the terms of the applicable licenses and permits that are issued by the transport authorities; (c) of the terms of these T&Cs; or (d) of the duty of care the Partner / Driver owes to the users of the Portals.The Company is not responsible for the behaviour, actions or inactions of the Partner / Driver, quality of the Vehicle. Any contract for the provision of Vehicle is exclusively between the customer and the Partner / Driver and the Company is not a party to the same.All rights not otherwise claimed under these T&Cs or by the Company are hereby reserved. The information contained in this Portal is intended, solely to provide general information for the personal use of the reader, who accepts full responsibility for its use.The Company does not represent or endorse the accuracy or reliability of any information or advertisement contained on, distributed through, or linked, downloaded or accessed from any of the services contained on the Portal, or the quality of any products, information or other materials displayed, or obtained by you as a result of any product, information or other materials displayed, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the service.The Partner / Driver shall not do the following:license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Portal in any way;modify or make derivative works based upon the Portal;create internet "links" or "frame" or "mirror" any application on any other server or wireless or internet-based device;reverse engineer or access the Portal in order to:design or build a competitive product or service,design or build a product using similar ideas, features, functions or graphics of the Portal, orcopy any ideas, features, functions or graphics of the Portal, orlaunch 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 Portal.9. TERM AND TERMINATIONCompany is entitled to terminate the contract at all times and with immediate effect (by disabling the Partner / Driver's registration on the Portal and use of the Portal) for:Any violation or breach of any term of these T&Cs; orIf the Partner / Driver, in the opinion of the Company, misuses the Portal.failure to verify or authenticate Partner / Driver Information;any action or omission by the Partner / Driver which can cause legal or contractual liability for RoadYo  including but not limited to fraudulent conduct, customer complaints, continuous unsatisfactory reviews by the Restaurant Partners or the Users, misconduct, negligence, and all other actions specifically prohibited under Applicable Law.RoadYo  is also at liberty to terminate the contract at their discretion, where, in their opinion, continuance of the services of Partner / Driver is detrimental to the business interest of RoadYo  due to the acts of the Partners / Drivers, such as the following:Misbehavior, rude behavior with the staff of RoadYo , customers or any other persons associated with the RoadYo .Any acts involving criminal offence punishable under law, including physical assault, threatening any of the staff of RoadYo , person associated with RoadYo  and any other persons.iii)Concealment of fact/material information while entering into a contract with RoadYo .Poor & irregular for work, meetings and failure to abide by the rules/terms of the contract.Drunk while on duty and drunken behavior.Commission of fraud/ misappropriation/embezzlement for undue monetary gain, which is against the interest of the RoadYo .vii)Negligence in performing the duty, causing damage of moveable and immoveable assets of RoadYo , its employees, customers.viii)Indulging in spreading content through digital media, social networking sites, or any other form, which could be detrimental to RoadYo 's brand and its image.Indulging in acts such as creating ruckus/ strike/ or any activity against RoadYo , which could be detrimental to the RoadYo 's brand and its image.Indulging in unauthorized disclosure of confidential information of RoadYo  to external agency, person, RoadYo  or organization.Misuse of assets provided by RoadYo  and welcome kits, which could be detrimental to the interest of RoadYo 's brand and its image.xii)Absconding for more than 4 hours with any asset, delivery item, money or any other valuable item belonging to RoadYo , its employees, customers or other staff member(s).xiii)Failure to abide by any of the rules and guidelines given by RoadYo  as part of service quality standards and principles.xiv)Doing any act unbecoming of a Partner / Driver.xv)In case the background check, whether wholly or partially, is found negative at any point of time during the term of these T&Cs.The Company is not obliged to give notice of the termination of the contract in advance.10. GOVERNING LAW, JURISDICTION AND DISPUTE RESOLUTIONThese T&Cs shall be governed by and interpreted in all respects in accordance with the laws of the Republic of India.Subject to the provisions made in Clause 9.3, the parties hereby submit to the exclusive jurisdiction of the courts of Bangalore, India.All disputes arising out of or in relation to these T&Cs shall be settled amicably by the parties. In the event no amicable settlement is arrived at within a period of 15 (fifteen) days from the date of first initiation of the dispute by one party to other, the parties shall resolve the dispute by means of arbitration pursuant to the Arbitration and Conciliation Act, 1996.The arbitration proceedings shall be conducted by an arbitral tribunal comprising of 1 (one) arbitrator mutually appointed by you and the Company.The arbitration proceedings shall be conducted in English language only and the seat for arbitration shall be Bangalore, India.The award of the arbitral tribunal shall be final and binding.11. ASSIGNMENTThe Partner / Driver may not assign its rights or obligations under these T&Cs without prior written approval of the Company.12. AMENDMENTThese T&Cs may be amended from time to time and as and when required, at the discretion of the Company.13. SEVERABILITYIf any provision or any part of a provision of these T&Cs is invalid, unenforceable or prohibited by applicable laws of the Republic of India , such provision or part of provision shall be severed from these T&Cs and shall be considered divisible as to such provision or part thereof and such provision or part thereof shall be inoperative and shall not be part of the consideration moving between you and the Company hereto and the remainder of these T&Cs shall be valid and binding and of like effect as though such provision was not included herein.14. INSURANCEThe Company at its sole discretion may insure the Partner / Driver against any accident suffered by the Partner / Driver during provision of Services by the Partner / Driver using the Portal. The Company reserves the right to recover any amount paid by the Company in lieu of the insurance from the Partner / Driver.15. NOTICESThe Company may give notice by means of a general notice on the Portal, or by electronic mail to your email address on record in the Company's account information, or by written communication sent by regular mail to the Partner / Driver's address on record in the Company's account information.Partner / Driver needs to send any notice at email id: dreamer@appscrip.com.

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