Terms of Use for the Driver
Effective Date: 19th August , 2024
Welcome to Liftdedo!
Liftdedoo is owned by Liftdedo and any reference herein to Liftdedoo, its application, website or services shall be deemed to have a reference to Liftdedo (“Liftdedo”, “we”, “us”, or “our”).
We facilitate low cost intercity cab hires through our technology-based service that allows commuters to travel with our registered cab drivers and agencies at half the rates and save their pockets from paying for empty return journeys (“Services”) by means of Liftdedoo’s website and the mobile application (“Platform”).
These Terms of Use are the terms of agreement between the cab drivers and cab hire service agencies (“driver”,“you”, or “your”) and Liftdedo for registering with, using or accessing our Services (“Terms of Use”).
You must read, agree with and accept these Terms of Use as it explains the terms and conditions guiding your usage of our Services. By engaging with the Services provided by Liftdedo, you agree and confirm to be bound by these Terms of Use. If you do not agree with anything provided herein, please do not use or access Liftdedo’s Platform.
We reserve the unilateral right to change the particulars contained in these Terms of Use from time to time, without notice to you and in our sole discretion. If we make any such revision in the Terms of Use, we will update the effective date above and the revised Terms of Use shall be effective from such date. You are required to frequently check these Terms of Use and its effective date to understand the terms and conditions that apply to your use of the Services. Your continued use of the Services following such modification constitutes your acceptance of the modified Terms of Use, whether or not you have read them.
Background
Our mission is to save inter-city commuters from paying double fare for the one-way trips they book with hire cab service providers. Our Platform intends to help such commuters find hire cabs around their location that are travelling to the same destination on an empty return journey so that the commuters can save a buck and pay only one-way legitimate fare. In exchange for and to be able to continue to offer this Service, we charge a nominal fee on each journey booked through us.
Your Account
For using our Platform as a driver, you need to complete our stipulated registration process. You cannot avail our Services without prior registration.
If you are accepting these Terms of Use on behalf of a hire cab service agency, you represent and warrant that you have the legal authority to bind that hire cab service agency by these Terms of Use ad verbatim.
At the time of applying for registration, we require drivers to provide their name, details pertaining to their driving license, and city and state. You will also need to upload a copy of a valid driving license that may be issued to you by the relevant road and transport government authority. We also ask you to share details about your vehicle (“Vehicle”), including car type, car number, and vehicle registration certificate. It is mandatory for you to submit a copy of your vehicle registration certificate with us. By such application, you consent to be contacted by us for further verification. Our admin staff shall cross verify the details you provide in the application form with the particulars on the driving license and vehicle registration certificate. We hold complete discretion to disapprove your registration with us if your details do not match with the documents you furnish.
You acknowledge that the registration criteria on Liftdedo may change and you may be required to comply with such additional requirements as may be stipulated within the required time for your continued registration and access to the Platform, failing which you may be deregistered from our Platform with no liability to us whatsoever.
You are required to provide accurate, current and complete information during the registration process and it is your responsibility to keep it updated. By such registration, you consent to be contacted by us. You also consent to be contacted by commuters who book trips with you through Liftdedo’s Platform.
The information you provide to us shall be maintained by us in accordance with our Privacy Policy.
You will be responsible for maintaining confidentiality of your account, password, and keep its access restricted, and you hereby accept responsibility for all activities that occur under your account. If you know or have reasons to believe that the security of your account has been breached, you should contact us immediately at the 'Contact Information' provided below. If we have found a breach or suspected breach of the security of your account, we may require you to change your password, temporarily or permanently block or suspend your account without any liability to Liftdedo.
Booking a Trip
Any commuter within a thirty (30) kilometer radius from your location can make a request to book a trip with you. You need to be online on our application and enter the destination for which you are willing to accept hires. We share your contact details with the commuter once the commuter books the trip. These booking details shall contain all the information about the trip, such as applicable fare, pick-up location and destination of the commuter. You are required to confirm the booking at the earliest, if you wish to, or you may cancel it, for any reason whatsoever. You give us authority to delist you from the application if you cancel the booking after confirmation for more than two instances.
Booking Amount and Convenience Fee
Liftdedo charges a convenience fee from the commuters for providing Services herein. Such fee shall be payable upfront at the time of booking as a percentage of the total fare of the trip. You shall be entitled to claim payment of the balance fare from the commuter at the end of the trip, excluding such convenience fee that the commuter would have paid to Liftdedo.
Fare
The fare visible on the application along with booking details of the trip shall be final. This fare shall be inclusive of the commission payable to Liftdedo. You warrant to not charge anything over and above the balance amount payable by commuter to you at the end of the trip. However, if the commuter requests you to change the destination during the commute, you may vary the fare at your discretion and the same shall be agreeable to the commuter. In such a scenario, Liftdedo plays no role whatsoever between you and the commuter.
Vehicle Breakdown
In a situation where your Vehicle breaks down on the trip, you shall be duty bound to find an alternative hire service for the commuter and Liftdedo holds no responsibility for making any special arrangements whatsoever.
You’re Representations
You hereby represent that:
a) You have the requisite authority or assignment to drive the Vehicle and there are no restrictions with respect to the use of the Vehicle that will hinder you from the performance of the Services using the Portal.
b) You have all rights, licenses, and permits as may be required under applicable laws to perform the Service in accordance with these Terms of Use.
c) You are in compliance with the Motor Vehicles Act, 1988 and other applicable laws as required to be complied with by any person driving Vehicles.
d) You shall hold and keep updated/renewed licenses, insurance and permits necessary for the use of Vehicle.
e) You shall not drive rashly, shall follow traffic regulations and all applicable laws, not consume Liquor/Cigarette/Bidi, or any other kind of intoxicant and shall have and hold a valid driving license and registration/insurance papers for the Vehicle at all times.
f) You shall not take any personal calls except in the event of an emergency, without prejudicing the safety of the Vehicle and the commuter. You shall take all calls from the commuter and Liftdedo 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.
g) You shall drive in a courteous and professional manner as may be reasonably expected by the commuter.
h) You shall, at all times during which you are undertaking trips, maintain dress, appearance, and hygiene codes.
i) You shall perform your 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 driver.
j) You shall undertake trips in accordance with all the specifications that may be prescribed and formulated by Liftdedo from time to time.
k) You shall follow all the Standard Operating Procedures that may be prescribed and formulated by Liftdedo from time to time.
l) You shall not carry any weapons, firearms, ammunition, explosive devices and dangerous substances during trips.
m) You shall not seek any extra monetary compensation from the commuter for the completion of the trip by way of tips.
n) You shall ensure that the Vehicle has a valid fitness certificate issued, insurance certificate, pollution under control certificate and shall be operating under permit granted under relevant provision of Motor Vehicles Act.
o) You shall perform each pick-up and drop at the destination in the most efficient manner possible.
p) You shall not consume any alcoholic beverages or any other intoxicating/banned substances prior to or during the trips.
q) Your total earnings for any given financial year do not exceed INR 20,00,000 (Rupees Twenty Lakhs only) and that you are an unregistered Goods and Service Tax service provider.
r) You covenant that you shall promptly inform Liftdedo in case your total earnings exceeds or is expected to exceed INR 20,00,000 (Rupees Twenty Lakhs only) in a financial year.
General Covenants
The driver will refrain from doing anything which Liftdedo reasonably believes to be disreputable or capable of damaging Liftdedoo’s reputation and will comply with the applicable laws.
In relation to the Portal, the driver agrees to:
a) Not authorize others to use his account on the Portal;
b) Not assign or otherwise transfer his account to any other person or legal entity;
c) Not use the Portal for unlawful purposes, including but not limited to sending or storing any unlawful material or for fraudulent purposes;
d) Not use the Portal to cause nuisance, annoyance or inconvenience;
e) Not impair the proper operation of the network;
f) Not try to harm the Portal in any way whatsoever;
g) Not copy, or distribute any content on the Portal without written permission from Liftdedoo;
h) Provide Liftdedoo with whatever proof of identity Liftdedoo may request.
Liftdedoo reserves the right to immediately terminate the use of the Portal by the driver if he does not comply with any of the above rules.
Intellectual Property Rights
LIftdedo expressly and exclusively reserves all the intellectual property rights in all text, programs, processes, technology, software and other materials, which appear on the Platform, including its looks and feel. The compilation (meaning the collection, arrangement and assembly) of the content, other than the content provided by the retailers, on the Application is the exclusive property of Liftdedoo and are protected by the Indian copyright laws and international treaties. Consequently, the materials on the Platform shall not be copied, reproduced, duplicated, republished, downloaded, posted, transmitted, distributed or modified in whole or in part or in any other form whatsoever, except for your personal, non-commercial use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying, reproducing, duplicating, republishing, posting, transmitting, distributing or modifying.
Limited License
Liftdedo grants you limited, non-exclusive, non-transferable, non-sub licensable license to access and make personal use only to the extent provided by these Terms of Use. All rights not expressly granted to you in these Terms of Use are reserved and retained by Liftdedo.
We reserve the right, at any time, without notice, and at our sole discretion, to terminate your license to use the Platform and to block and prevent your future access to our Services.
Confidentiality
You shall keep confidential all data including commuter 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 commuters will be the exclusive property of Liftdedo, and you will not use the same for any purpose or distribute such data in any form or means except for the purpose of undertaking trips through the Platform and shall keep it confidential at all times.
Indemnity
You agree to indemnify, defend and hold us 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 you to perform your obligations under these Terms of Use or the applicable laws in relation to undertaking trips through the Platform.
Disclaimer of Warranties
LIFTDEDO MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICES AND/OR THE PORTAL. LIFTDEDOO DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICE AND/OR THE PORTAL WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY SERVICES, INFORMATION OBTAINED BY YOU THROUGH THE PORTAL WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS IN THE SERVICES AND/OR THE PORTAL WILL BE CORRECTED, OR (F) THE PORTAL OR THE SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (G) THE PORTAL TRACKS YOU OR THE VEHICLE USED BY THE DRIVER. THE PORTAL IS PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS. All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby excluded and disclaimed to the highest and maximum extent. Liftdedo makes no representation, warranty, or guarantee as to the reliability, safety, timeliness, quality, suitability or availability of the Portal. You acknowledge and agree that the entire risk arising out of your use of the Portal remains solely and absolutely with you and you shall have no recourse whatsoever to Liftdedo.
The Portal may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications including the device used by you being faulty, not connected, out of range, switched off or not functioning. Liftdedo is not responsible for any delays, Service failures, damages or losses resulting from such problems.
Limitation of Liability
Liftdedo is not liable to you, 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, Liftdedo is not liable for any civil, criminal, tortious, or any other liability, that may accrue as a consequence of the breach by you (a) of the applicable laws in respect of the use of the Portal or undertaking trip through the Platform; (b) of the terms of the applicable licenses and permits that are issued by the transport authorities; (c) of the terms of these Terms of Use; or (d) of the duty of care you owes to the other users of the Portal.
Liftdedo is not responsible for your behavior, actions or inactions or the quality of the Vehicle. Any contract for the provision of Vehicle is exclusively between the commuter and you and we are not a party to the same.
All rights not otherwise claimed under these Terms of Use or by Liftdedo 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.
Liftdedo 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.
Liftdedo shall not do the following:
a) License, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Portal in any way;
b) Modify or make derivative works based upon the Portal;
c) Create internet "links" or "frame" or "mirror" any application on any other server or wireless or internet-based device;
d) Reverse engineer or access the Portal in order to:
e) Design or build a competitive product or service,
f) Design or build a product using similar ideas, features, functions or graphics of the Portal, or
g) Copy any ideas, features, functions or graphics of the Portal, or
h) Launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Portal.
Term and Termination
Liftdedo is entitled to terminate the contract at all times and with immediate effect (by disabling your registration on the Portal and use of the Portal) for:
a) Any violation or breach of any term of these Terms of Use; or
b) If you, in our opinion, are misusing the Portal;
c) Failure to verify or authenticate your personal information and identity;
d) any action or omission by you which can cause legal or contractual liability for Liftdedoo including but not limited to fraudulent conduct, complaints and continuous unsatisfactory reviews by commuters, misconduct, negligence, and all other actions specifically prohibited under the applicable law.
We are also at liberty to terminate the contract at our sole discretion, where, in our opinion, continuance of your registration and access on the Platform is detrimental to Liftdedo’s business interest due to your acts, such as the following:
a) Misbehavior, rude behavior with Liftdedo’s staff, commuters or any other persons associated with Liftdedo;
b) Any acts involving criminal offence punishable under law, including physical assault, threatening any of the staff of Liftdedo, person associated with Liftdedoo and any other persons;
c) Concealment of fact/material information while entering into these Terms of Use with Liftdedo;
d) Poor & irregular for work and failure to abide by the rules/terms of these Terms of Use;
e) Drunk while undertaking a trip and drunken behavior;
f) Commission of fraud / misappropriation / embezzlement for undue monetary gain, which is against the interest of Liftdedo.
g) Negligence in performing the duty, causing damage of moveable and immoveable assets of Liftdedoo, its employees, customers;
h) Indulging in spreading content through digital media, social networking sites, or any other form, which could be detrimental to Liftdedo's brand and its image;
i) Indulging in acts such as creating ruckus / strike / or any activity against Liftdedoo, which could be detrimental to the Liftdedo's brand and its image;
j) Indulging in unauthorized disclosure of confidential information of Liftdedoo to external agency, person, Liftdedo or organization;
k) Failure to abide by any of the rules and guidelines given by Liftdedo as part of service quality standards and principles;
l) Doing any act unbecoming of a driver;
m) In case the background check, whether wholly or partially, is found negative at any point of time during the term of these Terms of Use.
Liftdedo is not obliged to give notice of the termination of the contract in advance.
Upon any termination of these Terms of Use by either you or Liftdedo, you must promptly destroy all materials downloaded or otherwise obtained from Liftdedoo, as well as all copies of such materials, whether made under these Terms of Use or otherwise. Any such termination of these Terms of Use shall not cancel your obligation or affect any liability that may have arisen under these Terms of Use.
Governing Law and Jurisdiction
These Terms of Use shall be construed in accordance with the applicable laws of India. For any proceedings or disputes arising in respect of these Terms of Use, Courts at Kolkata shall have exclusive jurisdiction.
Entire Agreement
If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to the applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use shall continue to be in effect. Unless otherwise specified herein, these Terms of Use constitute the entire agreement between you and Liftdedoo with respect to using / accessing our Application and engaging with our Services, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written.
Liftdedo’s failure to act with respect to a breach by you or others does not waive its right to act with respect to the breach or subsequent and similar breaches.
General
You acknowledge and hereby agree to these Terms of Use and that it constitutes the complete and exclusive agreement between you and us concerning your use of Liftdedo, and supersedes and governs all prior proposals, agreements, or other communications.
Nothing contained in these Terms of Use shall be construed as creating any agency, partnership, affiliation, joint venture or other form of joint enterprise between you and us.
Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself.
The headings in the Terms of Use are for convenience only and shall not be used in its interpretation.
If you have any questions regarding these Terms of Use, please email us at contact@liftdedo.in.
