Agreement Between Cabocab and Drivers

This Driver Agreement ("Agreement") is made and entered into by and between Raavanguard Private Limited ("Company"), and the individual driver ("Driver") who uses the Company’s online platform called as “Cabocab” to provide transportation services. This Agreement sets forth the terms and conditions under which the Driver will operate and provide services through the Company’s platform effective from 26th September 2024.

1. Introduction

1.1 Purpose: The purpose of this Agreement is to establish the terms and conditions governing the relationship between the Company and the Driver for the provision of transportation services.

1.2 Independent Contractor Status: The Driver acknowledges and agrees that they are an independent contractor and not an employee of the Company. This Agreement does not create an employer-employee relationship, partnership, joint venture, or agency relationship between the Company and the Driver.

2. Definitions

• 2.1 Cabocab: An online taxi booking application that connects passengers with drivers for transportation services created by Raavanguard Private Limited.
• 2.2 Driver: An individual who has registered and been approved to provide transportation services using the Cabocab platform.
• 2.3 Cabocab Wallet: A digital wallet within the Cabocab platform where the Driver deposits money in advance for operational purposes.
• 2.4 Ride: The transportation service provided by the Driver to a passenger, which is booked through the Cabocab platform.
• 2.5 Service Fee: The fee charged by Cabocab for each completed ride, which is 6% of the fare including GST.

3. Eligibility and Registration

• 3.1 Eligibility Requirements: The Driver must meet the following requirements to be eligible to use the Company's platform:
  • Hold a valid driver’s license, Aadhar card, Pan Card, Registration Certificate.
  • Own or have access to a vehicle that meets the Company’s standards.
  • Pass a background check and vehicle inspection as required by the Company.
• 3.2 Registration Process: The Driver must complete the registration process on the Company’s platform, which includes providing accurate and complete information, agreeing to this Agreement, and fulfilling all eligibility requirements.

4. Scope of Services

4.1 Provision of Services: The Driver agrees to provide transportation services to passengers who book rides through the Cabocab platform.

4.2 Non-Exclusivity: This Agreement is non-exclusive. The Driver is free to provide transportation services through other platforms or independently, provided that such activities do not interfere with the obligations under this Agreement.

5. Cabocab Wallet

• 5.1 Establishment of Wallet: Upon registration and approval, the Driver will establish a Cabocab Wallet within the Cabocab platform.
• 5.2 Initial Deposit: The Driver agrees to deposit an initial amount of [Minimum Rs. 100] into the Cabocab Wallet before commencing any rides and maintain this amount.
• 5.3 Recharging the Wallet: The Driver is responsible for ensuring that there are sufficient funds [Minimum Rs. 100] in the Cabocab Wallet to acquire rides and cover the Service Fees for completed rides. The Driver agrees to recharge the Wallet as necessary.
• 5.4 Automatic Deductions: Cabocab will automatically deduct the Service Fee (5% of the fare including 18% GST of the 5% acquired as GST) from the Driver's Cabocab Wallet upon the completion of each ride.

6. Services Provided by the Driver

6.1 Provision of Services: The Driver agrees to provide transportation services ("Services") to passengers ("Riders") who request rides through the Company’s platform. The Driver has sole discretion over the means and methods of performing the Services.

6.2 Service Standards: The Driver agrees to maintain the following standards while providing Services.

• High standards of professionalism
• Courtesy
• Safety
• Drivers agree not to use the platform for any illegal or unauthorized purpose.
• Drivers must respect the user and not be abusive.
• Driver must not be intoxicated and should be of sound mind while providing the service.

The Driver must comply with all applicable laws, regulations, and Company policies.

7. Use of the Company’s Platform

7.1 Access to the Platform: The Company grants the Driver a limited, non-exclusive, non-transferable right to access and use the Company’s platform to provide Services.

7.2 Account Security: The Driver is responsible for maintaining the confidentiality of their account credentials and for all activities that occur under their account.

7.3 Prohibited Activities: The Driver must not engage in any fraudulent, illegal, or harmful activities while using the Company’s platform. This includes, but is not limited to, misrepresenting information, accepting unauthorized payments, or endangering the safety of Riders.

8. Financial Terms

• 8.1 Service Fee: Raavanguard will deduct a Service Fee of 5% with 18% GST of the 5% fee from the fare of each completed ride. This fee will be automatically deducted from the Driver's Cabocab Wallet.
• 8.2 Payment to Driver: Raavanguard is not responsible for the payment to Drivers. Drivers will receive their earnings directly from passengers either through UPI ID or by cash.
• 8.3 Refunds and Chargebacks: In the event of a refund or chargeback, Cabocab reserves the right to deduct the relevant amount from the Driver's Cabocab Wallet. Please refer to the Refund Policy for more information.

9. Insurance

9.1 Driver’s Insurance: The Driver must maintain valid auto insurance coverage that meets or exceeds the minimum legal requirements in their jurisdiction. The Driver must provide proof of insurance to the Company upon request.

9.2 Company’s Insurance: The Company may provide supplementary insurance coverage for certain incidents while the Driver is providing Services. The terms and conditions of such coverage will be communicated to the Driver.

10. Term and Termination

• 10.1 Term: This Agreement will commence on the date first written above and will continue until terminated by either party in accordance with this Agreement.
• 10.2 Termination by Driver: The Driver may terminate this Agreement at any time by providing written notice to Cabocab.
• 10.3 Termination by Raavanguard: Raavanguard may terminate this Agreement immediately for any reason, including but not limited to the Driver's breach of this Agreement, poor performance, or misconduct.
• 10.4 Effect of Termination: Upon termination, the Driver must cease using the Cabocab platform and remove the Cabocab application from their device. Any remaining balance in the Cabocab Wallet will be refunded to the Driver, minus any outstanding Service Fees or other charges, as per the Refund Policy.

11. Penalty

To ensure safety, professionalism, and quality service, all Cabocab drivers are required to adhere to the driver responsibilities outlined in the Terms and Conditions. Non-compliance with these Service standards will result in penalties:

• 11.1 Canceling rides frequently without valid reasons: The driver will be provided a maximum of 3 cancellations in any particular day. Frequent cancellation of rides will result in much lesser ride allocation during the day.
• 11.2 Severe violations: (e.g., driving under the influence, assault, or serious misconduct): Immediate account deactivation and permanent termination of the driver’s access to the platform upon investigation. Additionally, a huge penalty will be applied depending on the seriousness of the offense.
• 11.3 Passenger complaints: regarding rude behavior or unsafe driving: The driver will be investigated upon receiving multiple allegations from different users. The result of the investigation is final and binding.
• 11.4 Repeated offenses: Upon receiving 3 severe warnings within a 30-day period, the driver's account will be temporarily suspended for up to 14 days.
• 11.5 Final Decision: Cabocab reserves the right to make the final decision regarding the enforcement of penalties. Continued violations or failure to comply with penalties may result in permanent account deactivation and a ban from rejoining the platform.
• 11.6 Appeal Process: Drivers have the right to appeal any penalties imposed by submitting an appeal through the Cabocab Driver Support Portal within 7 days of the penalty notification. The decision taken after the investigation following the appeal process will be final and binding.

12. Miscellaneous

• 12.1 Entire Agreement: This Agreement constitutes the entire agreement between the parties with respect to its subject matter and supersedes all prior or contemporaneous agreements or understandings, whether written or oral.
• 12.2 Amendments: Raavanguard may amend this Agreement from time to time by providing written notice to the Driver. Continued use of the Cabocab platform by the Driver after any such amendment constitutes acceptance of the amended terms.
• 12.3 Governing Law: This Agreement shall be governed by and construed in accordance with the laws of Tirunelveli jurisdiction.
• 12.4 Severability: If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
• 12.5 Assignment: The Driver may not assign or transfer any rights or obligations under this Agreement without the prior written consent of Raavanguard. Raavanguard may assign or transfer its rights and obligations under this Agreement without restriction.
• 12.6 Notices: All notices required or permitted under this Agreement shall be in writing and shall be deemed given when delivered personally, sent by email, or sent by certified or registered mail, return receipt requested, to the addresses of the parties set forth below or to such other address as either party may specify in writing.

13. Signatures

IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written.

Raavanguard Private Limited

12/58 B Mutharamman Kovil Street,

Puthur, Kavalkinaru,

Tirunelveli, Tamil Nadu,

India - 627105.

support@cabocab.co.in

+91 93632 85718

www.cabocab.co.in