1.1. “Device” means an Swaraaj Device, or Driver Device, as the case may be.
1.2. “Driver”, in the event you are a Fleet Partner, means a principal, employee or contractor of yours: (a) who meets the applicable Swaraaj requirements to be an active driver using the Swaraaj Services; and (b) whom Swaraaj authorizes to access the Swaraaj Services to provide Transportation Services on your behalf.
1.3. “Driver App” means Swaraaj’s mobile application that enables you and/or your Drivers to record trips, calculate fares, apply discounts, and collect trip fares directly from passengers, and to access other technology-based tools and features provided by Swaraaj for managing transportation-related operations. The Driver App is not a platform for connecting passengers with drivers or facilitating trip requests, and may be updated or modified by Swaraaj at its discretion from time to time..
1.4. “Driver ID” means the identification and Subscription word key assigned by Swaraaj to you or your Driver that enables you or your Driver to use and access the Driver App.
1.5. “Driver Device” means a mobile device owned or controlled by you or your Driver:
(a) that meets the applicable Swaraaj specifications for mobile devices; and
(b) on which the Driver App has been installed as authorized by Swaraaj solely for the purpose of providing Transportation Services.
1.6. “Subscription” means the Subscription, howsoever termed, selected and purchased by you or Drivers via the Driver App which entitles you to utilise the Swaraaj Services for a fixed duration of time, to seek, receive and fulfil Transportation Services to Users. The operation and validity of Subscription shall be governed by the Subscription Terms.
1.7. “Fare” has the meaning set forth in Section 4.4.
1.8. “Tech Fee” has the meaning set forth in Section 4.2.
1.9. “Taxi Services” has the meaning set forth in Section 3.1.
1.10. “Territory” means the geographical area(s) in India where you or your Drivers are enabled by the Driver App to receive requests for Transportation Services.
1.11. “Tolls” means any applicable road, bridge, ferry, tunnel and airport charges and fees, including inner-city congestion, environmental or similar charges as relayed by the Swaraaj Services based on charges levied by governmental and local authorities.
1.12. “Transportation Services” means the provision of passenger transportation services to Users via the Swaraaj Services in the Territory by you or your Drivers using the Vehicles.
1.13. “Swaraaj Data” means all data related to the access and use of the Swaraaj Services hereunder, including all data related to Users (including User Information), all data related to the provision of Transportation Services via the Swaraaj Services and the Driver App, and the Driver IDs.
1.14. “Swaraaj Device” means a mobile device (if any) owned or controlled by Swaraaj that is provided to you or your Driver for the sole purpose of using the Driver App to provide Transportation Services and for no other purpose whatsoever.
1.15. “Swaraaj Services” mean the electronic and technology-based services provided by Swaraaj Solutions LLP through its digital platform, including the Swaraaj Driver App, associated software, websites, subscription management, fare calculation tools, reporting features, and related technical and support services that enable Drivers and/or Fleet Partners to record trips, calculate fares, apply discounts, collect fares directly from passengers, and manage transportation-related operations. Swaraaj Services do not include the provision, facilitation, or arrangement of passenger transportation, ride bookings, or on-demand trip requests. Swaraaj may update or modify the Swaraaj Services at its discretion from time to time
1.16. “User” means an end user obtaining Transportation Services offered by you or your Drivers.
1.17. “User Information” means information about a User made available by you and/or your Driver in connection with such User’s request for Transportation Services, which may include the User’s name, pick- up location and drop location, contact information.
1.18. “Vehicle” means any vehicle of yours and/or your Driver's that: (a) meets the applicable Swaraaj requirements for a vehicle being used to provide Transportation Services; and (b) Swaraaj authorizes for your and/or your Drivers' use for the purpose of providing Transportation Services using the Driver App.
2.1. Driver IDs. Swaraaj will issue to you or to each of your Drivers a Driver ID to enable you or each of your Drivers to access and use the Driver App on a Device in accordance with this Agreement. You agree that you will or will ensure that your Drivers will maintain the Driver IDs in confidence and will not share the Driver IDs with any third party. You agree that you and/or your Driver will immediately notify Swaraaj of any actual or suspected breach or improper use or disclosure of your or your Drivers' Driver ID(s) or the Driver App.
2.2. Provision of Transportation Services. When the Driver App is active, User approaches the driver directly for transportation request providing his drop location. If you or your Driver accepts a User’s request for Transportation Services, the Swaraaj Services will provide you or such Driver the estimated fare for the distance via the Driver App.
You and/or your Drivers acknowledge and agree that the Swaraaj Driver App is a technology platform intended solely to assist in the independent operation and management of your transportation activities. The App allows you or your Drivers to record trips, calculate fares, offer discounts, and maintain trip-related data for your internal records.
Swaraaj does not facilitate or provide passenger connections, ride bookings, or on-demand trip requests. All passengers are independently engaged by you or your Drivers, without any involvement or participation by Swaraaj Solutions LLP.
You and/or your Drivers shall be solely responsible for:
Swaraaj does not collect or transfer passenger payments, nor does it provide any guarantee regarding payments or passenger conduct.
You acknowledge and agree that:
You and/or your Drivers shall not represent to any passenger that Swaraaj Solutions LLP is providing or arranging their trip, nor shall you use Swaraaj’s name, trademarks, or branding in any way that implies Swaraaj is a transport service provider.
Swaraaj may, at its discretion, provide optional tools within the App to assist in fare estimation or trip management; however, all final decisions regarding fare amounts, discounts, waiting charges, or cancellations remain solely with you and/or your Drivers.
2.3. Your Relationship with Users. You agree and acknowledge that your provision of Transportation Services to Users creates a legal and direct business relationship between you and the User, to which Swaraaj is not a party. Swaraaj and its Affiliates are not responsible or liable for the actions or inactions of a User in relation to you or your Driver, or for your or your Drivers' activities or Vehicle(s). You shall have the sole responsibility for any obligations or liabilities to Users or third parties that arise from your or your Drivers' provision of Transportation Services.
You acknowledge and agree that you and each of your Drivers are solely responsible for taking such precautions as may be reasonable and proper (including maintaining adequate insurance that meets the requirements of all applicable laws) regarding any acts or omissions of a User or third party. You acknowledge and agree that Swaraaj may release your or any of your Driver’s contact and/or insurance information to a User upon such User’s reasonable request. You acknowledge and agree that, unless specifically consented to by a User, neither you nor your Driver may transport or allow inside any Vehicle individuals other than a User and any individuals authorized by such User during the performance of Transportation Services for such User. You acknowledge and agree, and shall ensure that your Drivers agree that all Users should be transported directly to their specified destination, as directed by the applicable User, without unauthorized interruptions or unauthorized stops.
2.4. Your Relationship with Drivers. In the event you are a Fleet Partner, you shall have the sole responsibility for any obligations or liabilities towards your Drivers that arise from your
relationship with your Drivers (including in relation to the provision of Transportation Services). You acknowledge and agree that you exercise sole control over your Drivers and will comply with all applicable laws (including tax, social security and employment laws) governing or otherwise applicable to your relationship with your Drivers. You shall require each of your Drivers to comply with the applicable terms and conditions of this Agreement, the Community Guidelines as well as applicable laws. Notwithstanding the acceptance of the terms of this Agreement by your Drivers at the time of signing up to the Driver App and/or your right (if applicable) to take recourse against a Driver, you acknowledge and agree that you are at all times responsible and liable for the acts and omissions of your Drivers vis- à- vis Users and Swaraaj, even where such liability may not be mandated under applicable law.
2.5. Devices.
2.5.1. Swaraaj encourages you to use a Driver Device for providing the Transportation Services.
2.5.2. If you elect to use the Driver Device: (i) you and/or your Drivers are responsible for the acquisition, cost and maintenance of such Driver Devices as well as any necessary wireless data plan; and (ii) Swaraaj shall make available the Driver App for installation on such Driver Devices. Swaraaj hereby grants the authorized user of any Driver Device a personal, non- exclusive, non- transferable user right to install and use the Driver App on their Driver Device solely for the purpose of providing Transportation Services. You agree not to, and shall ensure that none of your Drivers shall, provide, distribute or share, or enable the provision, distribution or sharing of, the Driver App (or any data associated therewith) with any third party.
The foregoing right granted by Swaraaj shall immediately terminate and you and/or your Drivers will delete and fully remove the Driver App from the Driver Devices in the event that you and/or the concerned Drivers cease to provide Transportation Services using the Driver Devices. You agree, and shall inform each applicable Driver that: (i) use of the Driver App on the Driver Device requires an active data plan with a wireless carrier associated with the Driver Device, which data plan will be provided either by you or the applicable Driver at your or their own expense; and (ii) use of the Driver App on a Driver Device as an interface with the Swaraaj Services may consume very large amounts of data through the data plan. Swaraaj advises that the Driver Device should only be used under a data plan with unlimited or very high data usage limits, and Swaraaj shall not be responsible or liable for any fees, costs, or overage charges associated with any data plan.
2.6. Location Based Services. You acknowledge and agree that your or each of your Driver's geo- location information must be provided to the Swaraaj Services via a Device in order to provide Transportation Services, in accordance with the Swaraaj Privacy Notice.
3.1. Your/Driver Requirements. You acknowledge and agree that you and/or each of your
Drivers shall at all times:
(a) hold and maintain:
(i) a valid driver's license with the appropriate level of certification to operate the Vehicle assigned by you to yourself or to such Drivers, and
(ii) all licenses, permits, approvals and authority applicable to you and/or your Drivers that are necessary to provide passenger transportation services to third parties in the Territory;
(b) possess the appropriate and current level of training, expertise and experience to provide Transportation Services in a professional manner with due skill, care and diligence; and
(c) maintain high standards of professionalism, service and courtesy. You acknowledge and agree that you or your Drivers may be subject to certain background and driving record checks from time to time in order for you or such Drivers to qualify to provide, and remain eligible to provide, Transportation Services.
In addition if you or your Drivers are using the Driver App to provide Transportation Services in conjunction with operating a taxi (“Taxi Services”), you and/or such Drivers shall comply with all applicable laws with respect thereto.
3.2. Vehicle Requirements. You acknowledge and agree that each Vehicle shall at all times be:
(a) properly registered and licensed to operate as a passenger transportation vehicle in the Territory; (b) owned or leased by you or your Driver, or otherwise in your or your Driver’s lawful possession; (c) suitable for performing the Passenger transportation services contemplated by this Agreement; and (d) maintained in good operating condition, consistent with industry safety and maintenance standards for a Vehicle of its kind and any additional standards or requirements in the applicable Territory, and in a clean and sanitary condition.
3.3. Documentation. To ensure your and/or each of your Driver’s compliance with all requirements in Sections 3.1 and 3.2 above, you must provide Swaraaj with written copies of all
such licenses, permits, approvals, authority, registrations and certifications prior to your or your Drivers’ provision of any Transportation Services. Thereafter, you must submit to Swaraaj written evidence of all such licenses, permits, approvals, authority, registrations and certifications as they are renewed. Swaraaj shall, upon request, be entitled to review such licenses, permits, approvals, authority, registrations and certifications from time to time, and your failure to provide or maintain any of the foregoing shall constitute a material breach of this Agreement. Swaraaj reserves the right to independently verify your and/or any of your Drivers' documentation from time to time in any way Swaraaj deems appropriate in its reasonable discretion. You acknowledge and agree that Swaraaj reserves the right, at any time in Swaraaj's sole discretion, to deactivate or otherwise restrict you and/or your Drivers from accessing or using the Driver App or the Swaraaj Services if you and/or any of your Drivers fail to meet the requirements set forth in this Section
4.1. Subscription. In consideration of Swaraaj’s provision of the Swaraaj Services, you or your Drivers agree to select and purchase a Subscription. Subscription service provided by Swaraaj entitles you or your Drivers to access the Swaraaj Services to fulfil requests for Transportation Services from Users for a specified period of time. The duration of your Subscription will be specified to you and your Drivers in the Driver App at the time of selection of Subscription plan. You agree that the use of the Subscription is subject to terms and conditions contained in the Subscription Terms (as amended from time to time).
4.2. Tech Fees. a per-trip fee charged by Swaraaj for each trip recorded through the Driver App. The Tech Fee is included as part of the fare charged to the passenger, but is payable by you to Swaraaj and shall be automatically deducted from your Wallet Balance maintained within the App after each trip.
4.2.1. You agree to maintain a sufficient Wallet Balance at all times to allow for deduction of the applicable Tech Fees and other charges. If your Wallet Balance becomes insufficient, Swaraaj reserves the right to restrict or suspend access to the Swaraaj Services until the Wallet Balance is replenished through a Top-Up .
4.2.2. All applicable taxes, including Goods and Services Tax (GST) or any other statutory levies, shall be applied to the Subscription Fee and Tech Fee as required under law. Swaraaj shall issue invoices including applicable GST for its services.
4.2.3. Swaraaj reserves the right to revise, modify, or amend the Subscription Fee, Tech Fee, or any related charges at its sole discretion, based on market or operational factors. Any such change will be communicated to you via the App or other electronic means. Continued use of the Swaraaj Services after such notification shall constitute your consent to the revised fees.
4.3. User Fees
4.3.1. The total fare charged to the passenger by you or your Driver for a trip may include the Tech Fee component payable to Swaraaj. You acknowledge and agree that such Tech Fee collected from the passenger forms part of the total fare received by you, and Swaraaj shall deduct an equivalent amount from your Wallet Balance per trip.
4.3.2. Swaraaj does not directly collect any payment from passengers, nor is it responsible for any failure or delay in payment by passengers. The responsibility for collecting the total fare lies solely with you or your Drivers.
4.4 Fare Calculation and Payment.
4.4.1 You are entitled to charge a fare for each instance of completed Transportation Services provided to a User, which are obtained via the Swaraaj Services (“Fare”), where such Fare is calculated based upon a base fare amount plus distance (as determined by Swaraaj using location -based services enabled through the Device) plus Tech Fee and/or time amounts (“Fare Calculation”). You are also entitled to charge the User for any Tolls, taxes or fees incurred during the provision of Transportation Services, if applicable and as communicated to you.
4.4.2 The parties acknowledge and agree that as between you and Swaraaj, the Fare is a recommended amount, and the primary purpose of the pre- arranged Fare is to act as the default amount in the event you do not negotiate a different amount. You shall have the right to:
(a) charge a fare that is less than the pre -arranged Fare; or (b) negotiate, at your request, a Fare that is lower than the pre -arranged Fare (each of (a) and (b) herein, a “Negotiated Fare”). Swaraaj shall consider all such requests from you in good faith.
4.5. Changes to Fare Calculation. Swaraaj reserves the right to change the Fare Calculation at any time at Swaraaj's discretion based upon local market factors. Continued use of the Swaraaj Services after any such change in the Fare Calculation shall constitute your consent to such change.
4.6. Fare Adjustment. Drivers are solely responsible for setting any applicable discounts through the Driver App, subject to limits or conditions prescribed by Swaraaj. You agree that Swaraaj is not responsible for any loss incurred by you or your Driver because of such Fare Adjustment done by you or your Driver.
4.7. Receipts. As part of the Swaraaj Services, Swaraaj provides you with a system for the delivery of receipts to Users for Transportation Services rendered by you. Upon the completion of Transportation Services for a User by you or your Driver, Swaraaj prepares an applicable receipt and issues such receipt to the User via email on your behalf. Such receipts are also provided via the online portal available to you on the Swaraaj Driver App. Receipts may include specific information about you or your Driver, including your or your Driver’s name, contact information, photograph, and a map of the route taken by you or such Driver. In addition, you shall maintain records of Transportation Services rendered in accordance with all applicable laws and regulations.
4.8. Taxes. You acknowledge and agree that you are required to: (a) complete all tax registration obligations and calculate and remit all tax liabilities related to your provision of
Transportation Services as required by applicable law; and (b) provide Swaraaj with all relevant tax information (including a valid GST, PAN, Aadhar Number and Tax Registration Number belonging to you and your Drivers, to the extent that such numbers are required of you and/or your Drivers by applicable law). You further acknowledge and agree that you and each of your Drivers are responsible for taxes on your respective income arising from the provision of Transportation Services.
Proprietary Rights; License
5.1. Ownership. The Swaraaj Services, Driver App and Swaraaj Data, including all intellectual property rights therein, and the Swaraaj Devices are and shall remain the property of Swaraaj, its Affiliates or their respective licensors. Neither this Agreement nor your or your Drivers’ use of the Swaraaj Services, Driver App or Swaraaj Data conveys or grants to you or your Drivers any rights:
(a) in or related to the Swaraaj Services, Driver App or Swaraaj Data, except for the limited license granted above; or (b) to use or reference in any manner Swaraaj’s, its Affiliates’, or their respective licensors’ company names, logos, product and service names, trademarks, service marks or other indicia of ownership. You agree you will not, and will ensure that your Drivers do not, try to register or otherwise claim ownership in any of the SWARAAJ Marks and Names, alone or in combination with other letters, punctuation, words, symbols and/or designs, or in any confusingly similar mark or name.
5.2. License Grant. Subject to the terms and conditions of this Agreement, Swaraaj hereby grants you and your Drivers (where applicable) a non-exclusive, royalty-free, non-transferable, non-sublicensable, non -assignable license, during the term of this Agreement, to use the Driver App in connection with the provision of the Transportation Services. All rights not expressly granted to you and/or your Drivers are reserved by Swaraaj, its Affiliates and their respective licensors.
5.3. Restrictions. You shall not, and shall not allow any other party to: (a) license, sublicense, sell, resell, transfer, assign, distribute or otherwise provide or make available to any other party the Swaraaj Services, Driver App or any Swaraaj Device in any way; (b) modify or make derivative works based upon the Swaraaj Services or Driver App; (c) use, display, or manipulate any of SWARAAJ Marks and Names for any purpose other than to provide Transportation Services; (d) create or register any (i) businesses, (ii) URLs, (iii) domain names, (iv) software application names or titles, or (v) social media handles or profiles that include SWARAAJ Marks and Names or any confusingly or substantially similar mark, name, title, or work; (e) use SWARAAJ Marks and Names as your social media profile picture or wallpaper; (f) purchase keywords (including, but not limited to Google AdWords) that contain any SWARAAJ Marks and Names; (g) apply to register, reference, use, copy, and/or claim ownership in SWARAAJ Marks and Names, or in any confusingly or substantially similar name, mark, title, or work, in any manner for any purposes, alone or in combination with other letters, punctuation, words, symbols, designs, and/or any creative works, except as may be permitted in the limited license granted above; (h) improperly use the Swaraaj Services or Driver App, including creating Internet “links” to any part of the Swaraaj Services or Driver App, “framing” or “mirroring” any part of the Swaraaj Services or Driver App on any other websites or systems, or “scraping” or otherwise improperly obtaining data from the Swaraaj Services or Driver App; (i) reverse engineer, decompile, modify, or disassemble the Swaraaj Services or Driver App, except as allowed under applicable law; or (j) send spam or otherwise duplicative or unsolicited messages. In addition, you shall not, and shall not allow your Drivers or any other party to, access or use the Swaraaj Services or Driver App to: (i) design or develop a competitive or substantially similar product or service; (ii) copy or extract any features, functionality, or content thereof; (iii) launch or cause to be launched on or in connection with the Swaraaj Services an automated program or script, including web spiders, crawlers, robots, indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burden or hinder the operation and/or performance of the Swaraaj Services; or (iv) attempt to gain unauthorized access to the Swaraaj Services or its related systems or networks, all except to the extent such actions must be allowed under Indian law.
6.1. Each party acknowledges and agrees that in the performance of this Agreement it may have access to or may be exposed to, directly or indirectly, confidential information of the other party ("Confidential Information"). Confidential Information includes Swaraaj Data, Driver IDs, User Information, and the transaction volume, marketing and business plans, business, financial, technical, operational and such other non-public information of each party (whether disclosed in writing or verbally) that such party designates as being proprietary or confidential or of which the other party should reasonably know that it should be treated as confidential.
6.2. Each party acknowledges and agrees that: (a) all Confidential Information shall remain the exclusive property of the disclosing party; (b) it shall not use Confidential Information of the other party for any purpose except in furtherance of this Agreement; (c) it shall not disclose Confidential Information of the other party to any third party, except to its employees, officers, contractors, agents and service providers ("Permitted Persons") as necessary to perform under this Agreement, provided Permitted Persons are bound in writing to obligations of confidentiality and non- use of Confidential Information no less protective than the terms hereof; and (d) it shall return or destroy all Confidential Information of the disclosing party upon the termination of this Agreement or at the request of the other party (subject to applicable law and, with respect to Swaraaj, its internal record- keeping requirements).
6.3. Notwithstanding the foregoing, Confidential Information shall not include any information to the extent it: (a) is or becomes part of the public domain through no act or omission on the part of the receiving party; (b) was possessed by the receiving party prior to the date of this Agreement without an obligation of confidentiality; (c) is disclosed to the receiving party by a third party having no obligation of confidentiality with respect thereto; or (d) is required to be disclosed pursuant to law, court order, subpoena or governmental authority, provided the receiving party notifies the disclosing party thereof and provides the disclosing party a reasonable opportunity to contest or limit such required disclosure, provided further that no such notice or opportunity shall be required if disclosure is made pursuant to Section 7.1 below.
7.1. You acknowledge and agree that Swaraaj processes personal data about you and/or your Drivers in accordance with its Privacy Notice.
7.2. Where you provide Swaraaj and/or its Affiliates with any personal data of your own and/or of your Drivers, you represent and warrant that: (i) you have provided the personal data with your and/or such Drivers' consent and in compliance with all applicable laws; and (ii) you have taken reasonable steps to ensure that such personal data is accurate, complete, up-to-date and fit for purpose.
8.1. Prior to doing business with Swaraaj, you agree to obtain the coverage required by Sections 8.2 and 8.3 below at your sole cost and expense. You agree to review the terms and conditions of such coverage to ensure that it provides the amounts of coverage required by Sections 8.2 and 8.3 below while you or your Drivers are using a Vehicle to provide Transportation Services. As between you and Swaraaj, it is your sole responsibility to inform your insurer of the use of your Vehicle while providing Transportation Services.
8.2. You agree to maintain, during the term of this Agreement, on all Vehicles operated by you and/or your Drivers under this Agreement, automobile commercial liability insurance that
provides protection against bodily injury and property damage to yourself/your Drivers, your Passengers and third parties at levels of coverage that satisfy the minimum requirements to operate a commercial Passenger vehicle on the public roads as per applicable laws within the Territory. This coverage must also include any other insurance required by law for the operation of a commercial motor vehicle in the Territory that may not be waived by an insured. You agree to provide Swaraaj and its Affiliates a copy of the insurance policy, policy declarations, proof of insurance identification card and proof of premium payment for the insurance policy required in this Section 8.2 upon request. Furthermore, you must provide Swaraaj with a written notice of cancellation of any insurance policy required by Swaraaj. Swaraaj shall have no right to control your selection or maintenance of your policy. You and/or your Drivers must be a named insured or individually rated driver, for which a premium is charged, on the insurance policy required in this Section 8.2 at all times.
8.3. You agree to maintain during the term of this Agreement, relevant workers’ compensation insurance if and as required by any applicable laws in the Territory. If permitted by applicable law, you may choose to insure yourself and/or your Drivers against industrial injuries by maintaining occupational accident insurance in place of workers’ compensation insurance. Further, if permitted by applicable law, you may choose not to insure yourself or your Drivers against industrial injuries at all, but you shall do so at your own risk.
8.4. You understand and acknowledge that your commercial automobile insurance policy may not afford liability, comprehensive, collision, medical payments, first or third party no fault personal injury protection, uninsured motorist, underinsured motorist or other coverage while you provide any Transportation Services pursuant to this Agreement. If you have any questions or concerns about the scope or applicability of your own insurance coverage, it is your responsibility, not Swaraaj’s, to resolve them with your insurer(s).
9.1. You hereby represent and warrant that: (a) you have full power and authority to enter into this Agreement and perform your obligations hereunder; (b) you are duly organized, validly existing and in good standing under the laws of the jurisdiction of your origin; (c) you have not entered into, and during the term will not enter into any agreement that would prevent you from complying with this Agreement; (d) you will comply with all applicable laws in your performance of this Agreement, including holding and complying with all permits, licenses, registrations and other governmental authorizations necessary to provide (i) Transportation Services yourself or through your Drivers using the Vehicles pursuant to this Agreement, and (ii) Passenger transportation services to third parties in the Territory generally; and (e) you, in case you are a Fleet Partner, shall require all your Drivers to comply with the applicable terms and conditions set forth in this Agreement, the Community Guidelines and all applicable laws.
9.2. Disclaimer of Warranties. Swaraaj and its Affiliates (as applicable) provide, and you accept, the Swaraaj Services, Driver App and the Swaraaj Devices on an "as is" and "as available" basis, and that Swaraaj does not represent, warrant or guarantee that your or your Drivers' access to or use of the Swaraaj Services, Driver App or the Swaraaj Devices: (a) will be uninterrupted or error free; or (b) will result in any requests for Transportation Services. Swaraaj and its Affiliates make no representations, warranties or guarantees as to the actions or inactions of the Users who may request or receive Transportation Services from you or your Drivers hereunder, and Swaraaj and its Affiliates need not screen or otherwise evaluate Users. By using the Swaraaj Services and Driver App, you acknowledge and agree that you or your Drivers may be introduced to a third party (including Users) that may pose harm or risk to you, your Drivers, or other third parties. You and your Drivers are advised to take reasonable precautions with respect to interactions with third parties encountered in connection with the use of the Swaraaj Services or Driver App.
9.3. No Service Guarantee. Swaraaj and its Affiliates do not guarantee the availability or uptime of the Swaraaj Services or the Driver App. You acknowledge and agree that the Swaraaj Services or Driver App may be unavailable at any time and for any reason, including due to scheduled maintenance or network failure. Further, the Swaraaj Services and/or the Driver App may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications, and Swaraaj and its Affiliates are not responsible for any delays, delivery failures or other damages, liabilities or losses resulting from such problems.
10.1. You shall indemnify, defend (at Swaraaj’s option) and hold harmless Swaraaj and its Affiliates and each of their respective officers, directors, employees, agents, successors and assigns from and against any and all liabilities, losses, costs, expenses (including legal fees), damages, penalties, fines, social security contributions and taxes arising out of or related to: (a) a breach of your representations, warranties or obligations under this Agreement; or (b) a claim by a third party (including Users, regulators and governmental authorities) directly or indirectly related to your provision of Transportation Services or use of the Swaraaj Services.
10.2. As between you and Swaraaj, you are and shall be solely responsible for your and/or your Drivers’ provision of Transportation Services. As such, you shall indemnify, defend (at Swaraaj’s option) and hold harmless Swaraaj and its Affiliates and each of their respective officers, directors, employees, agents, successors and assigns from and against any and all liabilities, losses, costs, expenses (including legal fees), damages, penalties, fines, social security contributions and taxes directly or indirectly arising out of or related to your and/or your Drivers’ provision of Transportation Services or use of the Swaraaj Services.
12.1. Term. This Agreement shall commence on the date that the Agreement is executed by you (electronically or otherwise) and shall continue until terminated as set forth herein.
12.2. Termination. Either party may terminate this Agreement: (a) without cause at any time upon seven (7) days prior notice to the other party; (b) immediately, without notice, for the other party’s material breach of this Agreement; or (c) immediately, without notice, in the event of the insolvency or bankruptcy of the other party, or upon the other party’s filing or submission of request for suspension of payment (or similar action or event) against the terminating party. In addition, Swaraaj may terminate this Agreement or deactivate your and/or any of your Drivers’ account immediately, without notice, in the event you and/or such Driver of yours, as applicable, no longer qualifies, under applicable law or the standards and policies of Swaraaj, to provide Transportation Services or to operate the Vehicle, or as otherwise set forth in this Agreement.
12.3. Effect of Termination. Upon termination of the Agreement, you and your Drivers, as applicable, shall: (a) immediately delete and fully remove the Driver App from all the Driver Devices. Outstanding payment obligations of either party and Sections 1, 2.3, 2.4, 4.9, 5.1, 5.3, 6, 7, 9, 10, 11, 12.3, 13, 14 and 15 shall survive the termination of this Agreement.
13.1. You have no authority to bind Swaraaj and/or its Affiliates, and undertake not to hold yourself out, and to ensure that none of your Drivers hold themselves out, as an employee, worker, agent or authorized representative of Swaraaj and/or its Affiliates. Swaraaj’s facilitation of Fare payments from Users to you does not alter this relationship at all.
13.2. Where, by implication of mandatory law or otherwise, you or any Driver may be deemed an employee, worker, agent or representative of Swaraaj or any of its Affiliates, you, undertake and agree to indemnify, defend (at Swaraaj’s or the concerned Affiliates's option) and hold Swaraaj and its Affiliates harmless from and against any claims by any person, entity, regulators or governmental authorities based on such implied employment, agency or representative relationship.
13.3. You expressly acknowledge and agree that by agreeing to the terms and conditions of this Agreement, you and/or your Drivers intend to perform Transportation Services in a non -incidental manner.
14.1. Modification. Swaraaj reserves the right to modify the terms and conditions of this Agreement at any time, effective upon publishing an updated version of this Agreement on the online portal available to you on the Swaraaj Services. Swaraaj reserves the right to modify any information referenced at hyperlinks from this Agreement from time to time. You hereby acknowledge and agree that, by using the Swaraaj Services, or downloading, installing or using the Driver App, you are bound by any future amendments and additions to this Agreement, information referenced at hyperlinks herein, or documents incorporated herein, including with respect to Fare Calculations. Continued use of the Swaraaj Services or Driver App after any such changes shall constitute your consent to such changes.
14.2. Supplemental Terms and Addenda. Supplemental terms may apply to your and/or your Drivers use of the Swaraaj Services, such as use policies or terms related to certain features and functionality, which may be modified from time to time (“Supplemental Terms”). Addenda to this Agreement may also apply, setting forth additional Territory specific and/or service-specific terms, as made available and as updated by Swaraaj from time to time (individually "Addendum"). You may be presented with certain Supplemental Terms and/or Addenda from time to time, which are in addition to, and shall be deemed a part of this Agreement. Supplemental Terms and Addenda shall prevail over this Agreement in the event of a conflict.
14.3. Severability. If any provision of this Agreement is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of this Agreement but the legality, validity and enforceability of the remainder of this Agreement shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable (part of the) provision with a (part of a) provision that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable (part of the) provision, given the contents and purpose of this Agreement.
14.4. Assignment. You may not assign or transfer this Agreement or any of its rights or obligations hereunder, in whole or in part, without Swaraaj's prior written consent. You may not subcontract your rights or obligations under this Agreement to any person, without Swaraaj's prior written consent. Swaraaj may assign or transfer this Agreement or any or all of its rights or obligations hereunder, in whole or in part, without consent. Swaraaj may subcontract its rights and obligations under this Agreement to any person without consent.
14.5. Entire Agreement. This Agreement, including the recitals, terms contained in any hyperlinks referenced in this Agreement and all Addenda and Supplemental Terms, constitutes the entire agreement and understanding of the parties with respect to its subject matter, and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter. In this Agreement, the words “including” and “include” mean “including, but not limited to.” The recitals form a part of this Agreement.
14.6. No Third Party Beneficiaries. Except as otherwise set forth in Section 2.5 above, you acknowledge that there are no third party beneficiaries to this Agreement. Nothing contained in this Agreement is intended to or shall be interpreted to create any third party beneficiary claims.
14.7. Notices. Any notice delivered by Swaraaj to you under this Agreement will be delivered by email to the email address associated with your account or by posting on the Driver App or the online portal available to you via the Swaraaj Services. Any notice delivered by you to Swaraaj under this Agreement must be delivered by contacting Swaraaj at grievanceredressaloffice@swaraaj.co.in.
By clicking “I accept”, you expressly acknowledge that you have read, understood, and taken steps to thoughtfully consider the consequences of this Agreement, that you agree to be bound by the terms and conditions of this Agreement, and that you are legally competent to enter into this Agreement with Swaraaj.
Subscription Terms and Conditions (India)
PARTIES
These Subscription Terms (“Subscription Terms”) constitute a legal agreement between you, an individual (“you”) and Swaraaj Solutions LLP, a Limited Liability company incorporated under the laws of India, having corporate identity number ACR-7952 and having its registered office at 3/A, Aditya Garden City, Next to RMD College, Warje, Pune Maharashtra 411058 (“Swaraaj”).
(a) These Subscription Terms apply to you from the date that your Subscription is purchased or automatically activated on your account, whichever comes first. A Subscription enables you to fulfil transportation services to Users as further explained in Section 2 below (hereinafter referred to as the “Subscription”).
(b) Each time you purchase a Subscription and it is issued to you by Swaraaj, or is automatically activated on your account, you expressly acknowledge that:
(i) you have read and understood these Subscription Terms as well as any other specific terms, which may include important details and restrictions, including, but not limited to, where and when such Subscription may be used, the cost or Rate, if applicable, Subscription Benefits (as defined below), and the duration or validity period of the Subscription (the “Validity”); and (ii) you agree to be bound by these Subscription Terms and any other additional terms specified on your Subscription in the Driver App or notified to you by Swaraaj.
(c) These Subscription Terms are expressly incorporated into and made a part of the Swaraaj Driver Terms ( “Swaraaj Terms”). In the event of any conflict between these Subscription Terms and the Swaraaj Terms, these Subscription Terms shall prevail as applied to the subject matter herein. Subject to the foregoing, undefined, capitalized terms in these Subscription Terms will have the meaning set forth in the Swaraaj Terms.
(d) These Subscription Terms and any supplemental or additional terms which Swaraaj may provide from time to time, are the entire agreement between you and Swaraaj in respect of Subscription.
Subscription is a subscription-based service provided by Swaraaj that entitles you access to Swaraaj Driver app during the Validity of the Subscription. While Subscriptions are generally prepaid, in certain cases, if your Subscription has expired or is inactive, a Subscription will automatically be renewed on expiry by way of auto-debit. You may stop auto-debit by contacting your bank directly. Swaraaj is not responsible for cancellation of auto-debit mandates. You will be notified in the Driver App when this applies. You agree to the automatic purchase of the Subscription and to the associated fee being charged. For the avoidance of doubt, you may not purchase or hold multiple active Subscription simultaneously. Except where required by law, Subscription is non-refundable.
Swaraaj offers Subscription of varying Validity (eg. 28 days, etc.). The cost of a Subscription will depend on the Validity (the “Rate”) and will be presented to you in the Driver App.
You may not be able to go online if you have not purchased a Subscription. A Subscription will be activated upon purchase, depending on availability. Subject to compliance with these Subscription Terms, you will be able to access Swaraaj Driver App for fulfilling Transportation Services during the Validity period of the active Subscription. The Validity period cannot be paused once the Subscription is activated.
Subject to applicable law, Swaraaj reserves the right to modify or stop offering the Subscription, or to change Subscription Benefits or Rates, at any time in its sole discretion. If the Rates increase, or your Subscription Benefits materially change, we will honor your existing Subscription until its Validity runs out. We may terminate your Subscription at our discretion without notice. Where you are entitled to a refund in accordance with applicable law, please contact customer service using the Driver App. We will not give any refund for termination related to your conduct that we determine, in our sole discretion, violates these Subscription Terms, the Swaraaj Terms, any applicable law, or involves fraud or misuse of the Subscription(s).
Notwithstanding the terms and conditions of other promotions offered through subscription, Swaraaj in its sole discretion may permit or offer other benefits, which it may also allow to be combined with other promotions, subject to applicable law (the “Subscription Benefits”).
Swaraaj and/or third parties on behalf of Swaraaj may offer you or your Driver a free trial or other promotional entitlement to Subscription. Such trial or promotional entitlement is subject to these Subscription Terms except as otherwise stated in the offer. Free trial eligibility is determined by Swaraaj at its sole discretion and Swaraaj may limit such eligibility or duration to prevent fraud or abuse. Certain limitations may exist with respect to combining a free trial with any other offers.
Swaraaj reserves the right to modify these Subscription Terms. If we make material changes while you have an active Subscription, we will notify you either in the Driver App and/or via email. Revised Subscription Terms become effective upon notification to you and any use of the Subscription thereafter constitutes your acceptance of the revised terms.
Swaraaj’s rights and obligations under the Subscription Terms may be assigned or transferred by Swaraaj to any other related or unrelated entity at any time, and performances shall be the responsibility of that entity.
All interpretations of these Subscription Terms will be at Swaraaj's sole discretion and Swaraaj's decisions will be final. Subscription and/or any of its features may be unavailable, inaccurate or interrupted from time to time for a variety of reasons. We are not responsible for any unavailability, interruptions or errors of the Subscription program or its features that are outside of Swaraaj’s reasonable control. Swaraaj may from time to time request information from you to confirm your identity. Swaraaj may delay your access to Subscription until you comply with this information request. Subscription and all the information accessible through it are provided for information purposes only on an "as is" and "as available" basis. We, our information providers and their agents make no warranties, representations, or guarantees of any kind, express or implied, including but not limited to, accuracy, currency, completeness, or the operation of Subscription, the information, materials, content, availability, and products. Subscription and these Subscription Terms are provided by Swaraaj and do not modify the contractual relationships among or between the individuals and entities that could be used to offer our services and Swaraaj, except as expressly set forth herein. To the fullest extent permitted by applicable law, we disclaim all warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose, as well as liability for delays, lost profit, or property damage.
If you have questions or comments regarding Subscription Terms, you may contact us through the Help section in the Driver App.