TERMS & CONDITIONS

TERMS & CONDITIONS

The Website and Mobile Application (jointly referred as the “Carbel Platform”) are owned and operated by Rideupscale Technologies Private Limited (the “Company”). Please read the Terms and Conditions (“Terms”) carefully before using the Carbel Platform as they constitute a legally binding agreement between you and the Company.

By accessing or using the Carbel Platform or any Service provided on or through the Carbel Platform you agree to comply with and be bound by these Terms along with the Privacy Policy of the Company and any amendments to these policies. If you do not agree to these Terms, you may not access or use the Carbel Platform or the Services. These terms expressly supersede prior oral or written agreements or arrangements with you. By confirming with the “I agree” option on the Mobile Application, you are consenting to be bound by this agreement and any amendments from time to time.

1. DEFINITIONS.

1. Applicable Law:  refers to the laws of India.
2. Account:  shall mean the user account created on the Carbel Platform by the User;
3. Company/Carbel/Us/We/Our:  shall mean Rideupscale Technologies Private Limited, a private limited company duly incorporated under the Companies Act, 2013 and having its registered office address at V12,Royalspace,HSR Layout,7th sectore, Bengaluru KA 560102. India.
4. Customers:  refers to the passengers who avail Transportation Service on or through the Carbel Platform.
5. User/You/Your:  refers to individual driver, cab driver, cab owner, cab service provider or cab operator, having all required and valid licenses under the Applicable Law, who provides vehicle on hire being a car, autorickshaw or a motorbike, and is desirous of listing itself and/or its fleet of vehicles on the Carbel Platform, so as to provide Transportation Services through his vehicle to the Customers.
6. Mobile Application: refers to the mobile application “Carbel Driver App” listed on Google play store and/or IOS app store and as updated by the Company from time to time.
7. Service Fee/Ride Fees/Trip Fees: Refers to the fee payable by the Customers to the Company for the Service which shall include all ride fees, distance fees, taxes, toll charges, surcharges and any other amounts due and payable by the Customer.
8. Service: refers to the maintenance of the Carbel Platform and for facilitating transportation services between Customers and User.
9. Transportation Service: refers to the service provided by Users.
10. Website: refers to the website maintained by the Company at Carbel.in, quickride.in and any other registered domains
11. Carbel Platform: refers to the Mobile Application and Website operated by the Company which allows Users to provide Transportation Services to Customers. .
12. Platform Fees / Commission / Convenience Fees : Refers to a portion of the Service Fee that the Company is entitled to retain or for You to pay the Company as a fees for providing the Service as notified to you on the Mobile Application from time to time and governed by the terms under Annexure A. .

1.  The Company owns and operates an online marketplace and an online booking platform referred to as the “Carbel Platform” that lists and aggregates the cab providers and motorcabs registered with it
2.  Carbel is a technology platform that enables You to access its Mobile Application or Website to connect with Customers who may want to avail the transportation service provided by You. Carbel through the Carbel Platform service is an aggregator and not a transportation carrier and transportation service is provided by You .
3.  Carbel is a merely a technology partner/platform for You.
4.  Carbel does not guarantee any minimum number of trips and minimum earning for you.
5.  Carbel does not guarantee that the Mobile Application will function on any particular hardware or devices.
6.  Carbel reserves the right to suspend/resume the Carbel Platform. It is understood the account is active unless explicitly closed by You, following account closure as per these terms.

1. You are only eligible to sign up to provide transportation service on the platform provided by Carbel if You fulfil the following conditions:
   1. Above the age of 18;
   2. holder of a licence to drive light motor vehicles (transport) and the holder of a badge to drive motor cabs;
   3. minimum driving experience of two years;
   4. you are a resident of the State you are going to provide service for a minimum period of two years;
   5. You have the working knowledge of Local state’s regional language (Ex: Kannada in Karnataka) and any one other language, preferably English;
   6. no past criminal record;
   7. holder of Know Your Customer (“KYC”) compliance bank account in accordance with the norms prescribed by Reserve Bank of India.
2. You agree to behave in a civil and orderly manner with the Customers or intending Customers and shall not indulge in any touting activities or force or compel customers to use any services.
3. You state that You have not been convicted within the past seven years, for the offence of driving under the influence of drugs or alcohol, or any cognizable offence under the Criminal Procedure Code, 1973, including fraud, sexual offences, use of a motor vehicle to commit a cognizable offence, a crime involving property damage or theft, acts of violence, or acts of terror.
4. You agree to follow all the rules and regulations enacted by the State and Central government including the applicable rules under the Motor Vehicles Act, 1988 and an applicable state specific regulations. For the state of Karnataka, you specifically agree to be compliant with the Karnataka Traffic Control Act, 1960 and Karnataka On-Demand Transportation Technology Aggregators Rules, 2016.
5. You are not permitted to provide Your service beyond the maximum number of hours as stipulated under Motor Transport Workers Act, 1961 (Central Act No. 27 of 1961).

You state that the vehicle/car used by You to provide transportation service to Customers and registered on any of the Carbel platforms meets the following eligibility criteria:

1. obtain, renew and keep at all times a valid contract carriage permit issued under Section 74 or under sub-section (8) of Section 88 of the Motor Vehicles Act, 1988;
2. have a display board inside the taxi containing vehicle permit and the driver's details such as photograph, name, Driving licence and badge particulars and ID card issued by Police Authorities. The display board shall be clearly visible to the Customers in the taxi;
3. be capable of being tracked continuously with GPS/GPRS facility with a provision of a panic button for the use of the passengers, capable of alerting the control room of Carbel as well as local Police without any hindrance or interference by the You;
4. be fitted with single integrated GPS/GPRS capable vehicle tracking unit with printer, display panel and digital fare meter, as per the specifications detailed in Appendix-II of the Karnataka On-Demand Transportation Technology Aggregators Rules, 2016 , capable of generating a printed receipt to be given to the passengers; and
5. be fitted with an yellow coloured display board with word "Taxi" visible both from the front and the rear. The board shall be capable of being illuminated during the night hours.
6. You have a valid registration certificate that is currently in force throughout the period that you are a User.
7. You have the required insurance coverage for the vehicle, as mandated under law and shall be renewed and maintained as valid throughout the period that you are a User.
8. You will also keep all other registrations or licenses required under the Motor Vehicles Act, 1988 that are required to use the vehicle as a contract carriage including the pollution certificate, the fitness certificate and such other certificates as are applicable.

1. You are required to sign up by creating a driver Account on the Carbel Platform and submit the necessary documents required under Part C. You represent and warrant that all the documents are true and accurate and up to date. In the event of any change, You shall promptly inform the Company to be eligible to be a User. If You are in violation of this Clause 5, the Company reserves the right to delete your account and You shall be liable to indemnify the Company and the Customer, as applicable.
2. You are only eligible to create an Account (i) if You are above the age of 18 years (ii) willing to share Your personal information including Your name, address, mobile phone number and age and (iii) meet the eligibility criteria prescribed in these Terms. You are solely responsible for the accuracy of this information and required to update any changes thereto. You may be required to provide identification card for verification purposes. You also agree that any information supplied to Carbel or posted on the Carbel Platform in connection with any trip, vehicle or car sharing will be true, accurate and complete.
3. You will be liable for any inaccuracy, false or fraudulent information to Carbel and Customers .
4. You are solely responsible for all activity that occurs under Your Account and will be held liable for any misuse of Your Account. You are strictly not permitted to authorize any third parties to use, assign or transfer Your Account. You are required to use the Account only for lawful purposes and ensure that Your conduct does not create nuisance or annoyance to the Customers.
5. Your mobile network’s data and messaging rates and fees may apply if You access or use the Mobile Application and You shall be responsible for such rates and fees. You agree that Carbel and/or the Customer may send You SMS, WhatsApp messages, emails and calls in relation to offers, trip details, Customer queries.
6. If you have agreed to undertake a ride for a Customer on the Platform, you will respond to the calls or messages of the Customer promptly and in a courteous, respectful and clear manner.

a. You understand that Carbel will charge Platform Fee for the use of the Services provided on the Carbel Platform. You are liable to pay or Carbel will deduct the prevailing fee as our Platform Fee calculated according to the policy of Carbel which will be communicated to You. You are required to keep yourself updated with any changes in the policy which will be communicated through emails and/or SMS at Your registered contact details and/or on the Mobile Application.
b. You agree that so long as you use the Services, You will have to pay the Platform Fee and the Company reserves to right to charge Platform Fee for use of the Carbel Platform.
c. It is your sole and absolute obligation to ensure that the Customer, before exiting your vehicle, pays the Service Fees displayed on the Carbel Platform either through cash or online method.
d. You are entitled to receive only the Platform Fees.
e. In the event the Service Fees are collected in cash, you shall pay Carbel such fees and charges as displayed on the Mobile Application within a period of 03 days.
f. You shall be liable to clear dues and any Platform Fees and other amounts indicated by the Company outstanding before closure of Your account.

You are not permitted to smoke, drink or consume any unlawful substances in the vehicle or misbehave with the Customers in a verbal or non-verbal manner. Carbel reserves the right to take action against You including termination of the ride, imposing a fine or reporting You to the concerned government authorities.

You are required to maintain the vehicle in a clean manner and ensure that the interiors and exteriors are clean. You will ensure that the vehicle is serviced periodically and all features of the car like air-conditioning, motored windows., Etc are in good and hygienic condition. You agree that before every ridhe, the vehicle has adequate fuel for the ride. You will drive in a safe manner, abiding by all the applicable traffic rules and speed limits, relevant to the city in which you are driving. The vehicle shall be cleaned and sanitized after every ride.

You shall make the vehicle available for field audit within 2 days’ time period from the date on which the Company requests for such audit. If the Company brings to the notice of the User of any breach of these terms, the User shall immediately cease to provide any rides to the Customers till such breach is cured to the satisfaction of the Company.

You will be responsible for any injury, temporary or permanent, for the Customer on account of accident, etc. while on a ride. You will not be entitled to claim for any indemnity for the company or reimbursement of costs for any claims by the Customer.

Carbel Company follows Zero tolerance policy for any use of drugs or alcohol by Users (driver partners). The Passengers are encouraged to report any such incidents if they suspect that the driver is under the influence of the drugs or alcohol during the ride. If there is any incident, where you have used drugs or alcohol, your account/license will be suspended immediately from Carbel platform with immediate effect.

You represent and warrant to the Company that:

a. you shall fulfil the eligibility criteria stated in the present Terms at all times;
b. your Vehicle fulfils the eligibility criteria stated in the present Terms at all times; and
c. you will comply with all requirements under the Applicable Law relating to the transportation services.

You acknowledge that the Service is provided on the Mobile Application of the Carbel “as is” and “as available.” Carbel makes no representation, warranty, or guarantee regarding the number of bookings or number of Customers. You agree that the entire risk arising out of Your use of the Carbel Service provided on the Mobile Application remains solely with You

Except as otherwise stated in this Terms, Carbel has no responsibility or liability to You related to any act of the Customers. You agree that Carbel shall not be liable for indirect, incidental, special, exemplary, punitive or consequential damages, including lost profits, lost data, personal injury or property damage related to, in connection with, or otherwise resulting from any use of the Service including those arising out of (i) Your use of or reliance on the Service on the Mobile Application or Your inability to access or use the service; or (ii) any transaction or relationship between You and any Customers. Notwithstanding anything to the contrary, Carbel’s liability shall be limited to Rs. 1000/-. It is clarified that in the event the Company is made liable to pay any governmental authority or a third party on account of your actions or inactions, in excess of the said Rs. 1000/-, you will indemnify the Company and its directors, officers, employees and agents in relation to such excess.

a. Subject to Your compliance with these Terms, Carbel grants You a limited, revocable, non-exclusive, non-transferable and non-sub-licensable license to download and install a copy of the Application on a single mobile device that You own or control and to run such copy of the Application solely for Your own personal use and to use the Carbel Platform.
b. You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or Carbel Platform in any way; (ii) modify or make derivative works based upon the Service or Application; (iii) create Internet “links” to the Service or “frame” or “mirror” any Carbel Platform on any other server or wireless or Internet-based device; (iv) reverse engineer or access the Carbel Platform in order to (a) design or build a competitive product or service, (b) design or build a product using similar ideas, features, functions or graphics of the Service or Carbel Platform, or (c) copy, reproduce, record, or make available to the public any ideas, features, functions or graphics of the Service or Carbel Platform, or (v) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Service or Carbel Platform.
c. You shall not: (i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights; (iii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Carbel Platform, the Application or Service or the data contained therein; or (v) attempt to gain unauthorized access to the Carbel Platform, the Application or Service or its related systems or networks.
d. Carbel will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Carbel may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms.
e. You acknowledge that Carbel has no obligation to monitor Your access to or use of the Carbel Platform, Service, but has the right to do so for the purpose of operating the Carbel Platform and Service, to ensure Your compliance with these Terms, or to comply with Applicable Law.
f. Carbel reserves the right, at any time and without prior notice, to remove or disable access to any content that Carbel, at its sole discretion, considers to be in violation of these Terms or otherwise harmful to the Carbel Platform, the Service or Application.
g. You shall not (i) attempt to gain unauthorized access to the Mobile Application (ii) reproduce, modify, prepare derivative works based upon, the Mobile Application provided by Carbel; (iii) decompile, reverse engineer or disassemble the Mobile Application; (iv) conduct data mining of the Mobile Application or unduly burdening or hindering the functionality of any aspect of the Mobile Application.(v) Access or copy the customer data

You agree to indemnify and hold Carbel and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including fees incurred in defending any claim) arising out of or in connection with (i) any breach or violation committed by You of the representations, warranties or obligations under these Terms; (ii) breach of any obligations listed in Annexure B; (iii) any infringement or unauthorized use of intellectual property rights of Company; ( iv) any violation of the applicable law, applicable license and permit terms of the transport authorities; (v) any harm to the reputation and goodwill of Company directly attributable to the User; (vi) any negligent act or omission committed in the course of Transportation Services, or any misrepresentation made during the course of Transportation Services; and (vii) personal injury to or property damage of Customers including but not limited motor accident claims, asserted against Company and its employees by reason of the use and operation of User’s vehicle

Carbel collects and processes Your personal data in accordance with its Privacy Policy available at Carbel.in website[●] . You acknowledge that Carbel may disclose personal data to Customers, Partner Companies, Vendors and government authorities to facilitate Your use of the Service.

You shall (i) protect the confidentiality of all information available or provided to you pursuant to the use of the Mobile Application, the business model of the Company, information in relation to Customers, price information, etc. and not disclose such information to any third person; (ii) keep such confidential information in Your possession or control at all times; (iii) not to use such confidential information for any purposes whatsoever save as may be strictly necessary in connection with the purposes of this Agreement; and (iv) You will not disclose confidential information to any person.

a. The present Terms shall be exclusively governed by and construed in accordance with the laws of India.
b. Any dispute, conflict, claim or controversy arising out of or broadly in connection with or relating to the these Terms, Service or Carbel Platform including those relating to its validity, its construction or its enforceability shall be mandatorily submitted to arbitration under the Arbitration and Conciliation Act, 1996 as amended from time to time.
c. The dispute shall be resolved by a sole arbitrator to be appointed by mutual consent of the parties. The seat and venue of arbitration shall be Bengaluru, India and shall be conducted in the English language. The Courts in Bengaluru shall have exclusive jurisdiction.

This Agreement is not intended to and shall not be construed to create an employment relationship between the User and the Company and its representatives.

You agree that once you have accepted a ride through the Mobile Application, You shall not be permitted to cancel the ride, except if You have waited for a minimum period of 15 mins at the location of the Customer after the planned pickup-time and the Customer has not arrived. If you cancel ride in violation of this Clause 17, You will have to pay the Cancellation fees to the Company as decided by the company.

1. Details of the following commercial terms will be informed by the Company from time to time to the Users :
1. a. Platform Fee (%) payable to the Company for the bookings taken in local, outstation and shared trips; and
   b. Cancellation fees applicable for cancellation by the User after accepting the trip.

2. Key Terms:
1. a. All payments due to the User shall be made through NEFT/RTGS/UPI or other payment method determined by the Company to the bank account provided by You at the time of creation of Your account.
   b. You authorize Company to make deductions from the Transportation Fee payable to you which includes the following:
   i. Tax Deduction at Source (TDS) as per the Income Tax Act, 1961, where applicable
   ii. GST and other applicable taxes; and
   iii. and any other amounts due and payable by the You to the Company
   
   c. The terms in this Annexure are subject to change and will be communicated to the Users via SMS/Notification/email through the registered contact details
   d. You hereby agree that discounts given to the Customers, if any, will be decided by the Company on a case-to-case basis which shall be informed to the User, and the Platform Fee finally appearing on the application configured by Company for settlement between the User and Company shall be final and binding on You. You agree to the same without demur or protest.
   e. Company reserves the right to change the rates and payment terms between You and Company at any given point in time, which shall be notified to You through the Mobile Application.
   f. Notwithstanding anything contained in this Agreement, where Company has reason to believe that any charges/debits in respect of the Fee have been fraudulently incurred (“Suspect Charge”), Company will always be entitled to deduct an amount equivalent to Suspect Charge from the Platform Fees or in the event of insufficient Platform Fees, Company will be entitled to ask You to remit the Suspect Charge with the Company.

1. Asking for tips:
User shall not proactively ask for ‘tips’ from the Customer. User shall not hassle the Customer for change. User shall not charge any amount over and above the Service Fee indicated in the Mobile Application.

2. Wasting Customer’s Time:
User shall not stop the Vehicle for filling fuel in between the journey. User shall not make any Personal stops during the journey.

3. Personal hygiene:

Users shall wear neat clothes at all times during duty hour.
User shall maintain personal hygiene.

4. Customer Service:
User shall greet Customers both at pick up and drop.
User shall assist the Customer’s luggage (both at pick-up and drop point).
User shall ensure that the vehicle's AC is turned on before Customer sits in the Vehicle and through out the trip duration.

5. Vehicle Cleanliness:
User shall keep the Vehicle and dashboard clean.

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

7. No Smoking/Tobacco/Pan/Masala/Food Item:
User shall not smoke inside the Vehicle.
User shall not chew any masala or chewing gum or any other food item while a ride is in progress.

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

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

10. The Users shall be well versed with the routes. The User shall not take any long route when there is another short route known to him for reaching the destination. The Users are not expected to halt at several places during the journey due to lack of knowledge of the routes.

11. Delay In Pick – Up: User should reach the pickup point on or before pick-up time.
User must intimate the Customer that he has reached at the pick - up location.

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

13. Vehicle Branding:
Company Sticker, if any, on the Vehicle should not be removed till the Vehicle is active on the Platform.

14. Rude Behavior with Customers:
User shall not under any circumstance argue with the Customer/use abusive words / raise his voice tone while talking to the Customer. User should follow the instructions given by Customer as well as by the Company Call Centre.

15. Mobile Phone Usage:
Users shall not use mobile phones (unless for emergency purposes) while driving. This includes but not limited to SMS, video calls, voice, MMS and downloading.
However, this shall not apply in case of calls from Company representatives and the Customer.

16. Reporting To Company :
User shall not lie about Vehicle’s position to the Company representative. User shall not report meter readings incorrectly. User shall inform customer and provide opening and closing accurate readings of the odometer on time as and when such reading is required to be provided by the Company representative

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

18. Driving License (DL) & Other RTO Documents:
While on duty hours with Company it is mandatory to keep DL and all relevant RTO impacting papers (T-permit, PUC, Insurance, RC, etc.).

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

20. User shall not reject the booking on his own at the time of allotment under any circumstances (unless permitted by Company).

21. User shall not reject a booking or a Customer once he has accepted the duty and
logged in and shall not switch off his mobile under any circumstances.

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

23. App Misuse:
User shall ensure that the Mobile Application shall not be misused in any ways

24. Traffic Rules:
Users shall obey all traffic rules including traffic signals. User shall keep all statutory documents (insurance documents, vehicle registration book/card, PUC Certificate, etc.) at all times. User shall wear a seat belt all the time while driving.

25. User lying or completing service in bad-faith:
User should follow the best and shortest possible route to reach the destination. Users should not misrepresent or misguide the routes or duty slips to increase the fare.

26. Users shall not consume/intake or be under the influence of alcohol or narcotic substances while logged into the Company Portal.

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

28. Rude behavior/ Customer inconvenience:
User should not ask the Customer to get down from his vehicle in the middle of the journey even if any misunderstanding or verbal fights happen between the Customer and the User. If his Vehicle gets breakdown he himself should call the Company office and make arrangement for another vehicle at any cost, for the Customer and drop the Customer to the drop location. User may not demand any fare for the ride, if it is abandoned during middle of the journey

29. Extraordinary Circumstances:
Any instance of User’s behavior that directly or indirectly impacts the Company’s “Brand Image”.

30. Maximum Weight
Never load the vehicle above the manufacturer’s maximum specified weight.
31. Medically Fit
Never drive the vehicle if medical conditions will impact the driving.

32. Unauthorized Goods or Persons
Not carry any unauthorized goods or persons till the completion of the Ride

1. RC card
2. Fitness certificate
3. Permit of the vehicle
4. Commercial insurance policy
5. Pollution under control certificate
6. Car photos – 4 views
7. Chassis and Engine number photo

And any Such other documents may be required from time to time and on request shall be submitted at the nearest Company authorized centre
Documents of the User:
1. User Photograph
2. User Driving License
3. Driver Badge
3. Aadhar card/Ration Card/Voter ID Card
4. Proof of current residential address – Electric bill/water bill
5. Bank account passbook copy of first page/statement
6. PAN Card – Self attested
7. Contact details & addresses of 2 family members
8. Police verification certificate
And any Such other documents may be required from time to time and on request shall be submitted at the nearest Company authorized centre
Documents of the taxi provider or fleet owner:
1. Registered Firm Name & certificate
2. Passport size photograph of the owner/director/
3. Address proof
4. Contact Details - Number, Mobile No. Mail ID
5. Bank Account details of the Transport Service Provider
6. Bank Account details of the Beneficiary (if any)
7. Contact details of 2 (two) family members of the Transport Service Provider; and Such
other documents/ information as may be required by Company
8. Additional to all documents of the vehicle and User have to be submitted