THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF INFORMATION TECHNOLOGY ACT, 2000 AND RULES THEREUNDER AS APPLICABLE AND THE PROVISIONS PERTAINING TO ELECTRONIC RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000.
She Scooty provides technology-based services for facilitating on-demand transportation services through the Pilots (defined hereinafter) by means of She Scooty's website and the mobile application "She Scooty" (" Portal"). The Services are provided by means of two-wheelers ("Vehicle") offered by third party vehicle operators or drivers ("Pilots") who wish to offer such Services through the Vehicles.
On the basis of the representations and warranties provided by the Pilot with regard to her efficiency to drive the vehicle, the rides, to own the vehicle and also pertaining to all the formalities for driving and running the vehicle including the insurance etc. She Scooty has agreed to list the Vehicle(s) on the Portal to enable the Pilot to provide the Services through the Portal in accordance with the terms and conditions as hereinafter provided ("T&Cs").
1. GENERAL COVENANTS
i. She Scooty shall take the booking request and forward it to the Pilot through an app-based device operating on GPS-GPRS based device installed in the Pilot’s Mobile.
ii. She Scooty reserves the right to discontinue or introduce any of the modes of booking Vehicles.
iii. The Pilot shall have the sole discretion to accept or reject each request for the Service subject to the existing rule and policy at particular time.
iv. The Pilot warrants that the information it provides to She Scooty is accurate and complete. She Scooty is entitled at all times to verify the information that has been provided by the Pilot.
v. The Pilot will refrain from doing anything which She Scooty reasonably believes to be disreputable or capable of damaging She Scooty's reputation and will comply with all applicable laws of the Republic of India.
vi. In relation to the Portal, the Pilot agrees as under:
a. Not to authorize others to use her account on the Portal;
b. Not to assign or otherwise transfer her account to any other person or legal entity;
c. Not to use the Portal for unlawful purposes, including but not limited to sending or storing any unlawful material or for fraudulent purposes;
d. Not to use the Portal to cause nuisance, annoyance or inconvenience;
e. Not to impair the proper operation of the network;
f. Not to try to harm the Portal in any way whatsoever;
g. Not to copy, or distribute any content on the Portal without written permission from She Scooty;
h. Not to illustrate the working of the Portal to anyone;
i. To keep secure and confidential the account password or any identification which She Scooty may provide to the Pilot which allows access to the Portal;
j. To provide She Scooty with whatever proof of identity She Scooty may request.
She Scooty reserves the right to immediately terminate the use of the Portal by the Pilot if she does not comply with any of the above rules in Clause 1.6.
2. PAYMENT TERMS
i. She Scooty has the discretion to charge any such fees from the Pilot as updated on the Portal from time to time.
ii. She Scooty charges a convenience fee from the commuters for providing the Services through the Pilots. Further, the Pilot authorizes She Scooty to collect the service/travel fee ("Fare") from the users on behalf of the Pilots.
iii. If the Fare is collected in cash by the Pilot it will be adjusted against the convenience fee.
iv. If the fare is collected in cash by the Pilot, it will be adjusted against the platform charges/ booking fees/ convenience fee. The said money collected by the Pilot in cash would be reflected immediately either by way of SMS services or by way of App so that immediate entries can be made in the records. Misappropriation of any amount would be considered to be a fault committed by the pilot. The right of tips would be solely of the Pilot. However, the tips which are paid online would be adjusted when the accounts are settled.
3. REPRESENTATIONS AND WARRANTIES
The Pilot and She Scooty represent that:
i. They have all requisite power and authority to, deliver and perform the obligations imposed herein;
ii. The execution and performance of the obligations do not and will not violate any provision of any existing agreement, law, rule, regulation, any order or judicial pronouncement which is applicable to each party;
iii. They have not been convicted by any court in India or any other country of any crimes including but not limited to involving moral turpitude.
The Pilot hereby represents that:
a. The Pilot has the requisite authority or assignment to drive the Vehicle and there are no restrictions with respect to the use of the Vehicle that will hinder the Driver from the performance of the Services using the Portal;
b. The Pilot has all rights, licenses, and permits as may be required under applicable laws to perform the Service in accordance with these T&Cs;
c. The Pilot is in compliance with the Motor Vehicles Act, 1988 and other applicable laws as required to be complied with by any person driving Vehicles;
d. The Pilot shall hold and keep valid driving license, insurance papers, registration papers and permits necessary for the use of Vehicle.
e. The Pilot shall not drive rashly and shall drive with proper care and precautions in order to avoid any casualty. Moreover, Pilot herself will be liable for any accident prior to/during/post performance of services and She Scooty will be not liable for the same.
f. The Pilot shall follow applicable laws during the performance of the Services, not consume liquor/cigarette/bidi, or any other kind of intoxicant and not carry any drugs with them. Pilot will be liable for that and She Scooty will not be liable for the same.
g. It would be the duty of the Pilot to get the Driving Licence, Insurance, Registration Certificate of the vehicle and any other document needed for providing the services and get it renewed much prior to the lapse of the same and copy thereof would be handed over to She Scooty under the self-attestation for records.
h. She Scooty has not personally verified the documents from the RTO office or other government authorities. The representation given by the Pilot and the documents being provided by the Pilot are considered to be genuine as per the representation given by the Pilot. However, hiring of the Pilot would be only after seeing as to how she drives the vehicle. She Scooty would hire the services after being satisfied that the Pilot knows how to drive the vehicle and is not rashly driving. However, in case of any doubt, it would be the duty of the Pilot to get concerned certificate from the RTO Authorities to authenticate the documents provided by her and all the expenses to that effect would be incurred by the Pilot herself.
i. The Pilot, while performing service of delivering product from sender to receiver, will check the deliverable herself and only after getting herself satisfied that the deliverable is safe to handle and do not contain any illegal substance such as drugs, banned products, etc will accept the deliverable. She Scooty will not be liable for any consequences in any manner.
j. The Pilot shall follow all the traffic rules and shall never jump the red traffic signal at any cost. Furthermore, Pilot herself will be liable for any challan/fine imposed by competent authority for violation of any traffic rule by Pilot.
k. The Pilot shall not take any personal calls except in the event of an emergency, without prejudicing the safety of the Vehicle and the customer. The Pilot shall take all the calls from the customer and She Scooty only after stopping the Vehicle at an appropriate location in order to take the call, without being any hindrance to the traffic around her or without violating any traffic rules.
l. The Pilot shall provide the services in a courteous and professional manner as reasonably expected by a service provider providing the Services.
m. The Pilot’s duty is only to pick and drop the customer, so Pilot shall not make any personal relation with the customer, shall not enter the premises of the customer and shall not perform service without getting ride booked on Portal. She Scooty will not be liable for any such lapse on the part of the Pilot.
n. The Pilot shall at all times during which she is undertaking the Services, wear helmet, maintain dress, appearance, and hygiene codes.
o. The Pilot shall not take anyone including their small kids with them during performance of their service.
p. The Pilot, while registered with She Scooty shall not work with companies such as Rapido, Zomato, OLA, Uber and any such company providing pick and drop service to customers or carrying goods/food from one place to another without written consent of She Scooty.
q. The Pilot shall perform its obligations with promptness and use reasonable care and skill and in accordance with standards of diligence, care, skill, quality and integrity to be reasonably expected of an experienced and reputable provider of Services.
r. The Pilot shall perform each pick-up and drop in the most efficient manner possible and shall make best efforts to adhere to the timelines prescribed.
s. That in case at any stage, it is found that the documents provided by the Pilot including the driving licence, Registration Certificate or Insurance of the vehicle are forged and fabricated then the liability of the same would be solely of the Pilot and not of the She Scooty and there would also be no constructive liability in such a case, it would be the Pilot who would suffer the consequences, both civil and criminal to that effect.
t. That in case due to any reason or because of any emergency, if the Pilot is not in a position to use her own vehicle and uses any other vehicle which is not registered with She Scooty Portal, before using the said vehicle, a permission either through Portal or by way of online mode, should be taken by the Pilot from She Scooty. However, the documentation required for plying the vehicle would be the sole responsibility of the Pilot and it will be the Pilot who will be liable for all the consequences arising out of such use. She Scooty will not be liable for any lapse on the part of Pilot, mishap or any consequences in any way.
u. The Pilot’s total earnings for any given financial year do not exceed INR 20,00,000 (Rupees Twenty Lakhs) and that she is an unregistered GST service provider.
v. The Pilot covenants that she shall promptly inform She Scooty in case her total earnings exceeds or is expected to exceed INR 20,00,000 (Rupees Twenty Lakhs) in a financial year.
w. If due to any reason or change in laws, any registration is necessary at any stage then She Scooty would be entitled to seek more details and also to ask the Pilot to get herself registered with any government authorities or private authorities as the case may be including the Motor Vehicle authorities etc.
x. Due to any wrong being committed by the Pilot, She Scooty through its partners/proprietor, as the case may be, as appointed by She Scooty would have right to give hearing to the Pilot and in case, the Pilot is found to have committed any fault then She Scooty would have right to impose fine upon the Pilot. In case of termination by the She Scooty, of any Pilot, no notice is liable to be given nor there is any need for giving reasons of termination. The termination would be from immediate effect. It is also to be mentioned herein that the Pilot is not an employee of She Scooty and She Scooty is only providing platform/ convenience portal for the benefit of Pilots who are to provide the services personally to the customers and She Scooty has got no privity of contract with the customers directly or indirectly except for providing online portal for all the customers and also for the Pilots.
4. RELATIONSHIP BETWEEN THE PARTIES
Independent Contractor: The Pilot shall operate as and have the status of an independent contractor. The relationship between She Scooty and the Pilot is on a principal-to-principal basis. She Scooty and the Pilot are independent legal entities, and nothing in these T&Cs will be construed to create a partnership, joint venture, an association of persons, agency (disclosed or undisclosed), franchise, sales representative, or employment relationship between She Scooty and the Pilot. It is clarified that the Pilot will not have any right to conclude any contract for and / or on the behalf of She Scooty.
5. PILOT INFORMATION
i. She Scooty may collect Pilot Information at the time of onboarding of the Pilots, to establish the identity of the Pilots. She Scooty reserves the right to store, process, access and use the Pilot Information for business purposes and needs, background check, verification, marketing, service, development, analytics, research, and any other purpose as She Scooty may deem fit and in accordance with Applicable Law. The Pilot hereby expressly consents to such collection and use of Pilot Information.
ii. Subject to applicable laws, She Scooty may provide to a third party, governmental agency, judicial body, any Pilot Information or information relating to the Pilot, if there is a complaint, dispute or conflict, including any accident involving a Pilot on one hand and end-consumer, or a third party on the other hand;
iii. "Pilot Information" shall mean and include any personal data collected from the Pilot including know your customer documents with Pilot's bank, copies of valid government-issued vehicle registration certificate, mobile number, bank account details, vehicle insurance copy, driving license, identity proof, residence proof, current location data, proof of ownership of Pilots' Vehicle, Pilot’s Photograph and any other information that She Scooty may deem fit;
iv. She Scooty reserves right to retain all the Pilot Information for an indefinite period even after the termination or suspension of Pilot’s account in order to save the data & logs of past rides and necessary reports.
v. She Scooty may use the Pilot’s information including but not limited to mobile number, email id in order to send information, advertisement, wishes, etc. through SMS, Whatsapp Message, Email or any other such platform.
vi. The Pilot hereby expressly authorize She Scooty and its agents, assignees, licensees, legal representatives, authorized persons, transferees, etc. to use and publish (with or without her name, company name, or with a fictitious name) photographs, pictures, interviews given in media, images, videos and audio herein described in any and all forms of media and in all manners including composite images or distorted representations, and for the purposes of publicity, illustration, commercials, advertising, publishing (including publishing in electronic form on internet websites or social media platforms), for product of She Scooty and the Pilot further waive any and all rights to review or approve any uses of images, any written copy or finished product and agrees that the photographs, the copyright in the photographs and all other rights in the photographs or copies or reproductions thereof are the sole property of She Scooty for all times to come.
She Scooty reserves the right to show advertisement in the mobile application or on website.
The Pilot shall keep confidential all data including customer details (Including their name, mobile number, email, address, social media accounts, daily routines, etc.), market information, all work products and documents related thereto, the contents of the Portal and shall not sell or otherwise make that information available to any third parties. Except as otherwise agreed, the data of customers will be the exclusive property of She Scooty, and the Pilot will not use the same for any purpose or distribute such data in any form or means except for the purpose of providing the Services and other than as permitted by She Scooty and shall keep it confidential at all times.
The Pilot agrees to indemnify, defend and hold She Scooty harmless from and against any claim, liability, obligation, loss, damage, deficiency, assessment, judgment, cost or expense (including, without limitation to costs and expenses incurred in preparing and defending against or prosecuting any litigation, claim, action, suit proceeding or demand) of any kind or character, arising out of or in any manner incidental, relating, or attributable to any inaccuracy, breach, or failure by the Pilot to perform its obligations under these T&Cs or the applicable laws in relation to performance of the Services.
9. LIMITATION OF LIABILITY
i. She Scooty is not liable to the Pilot, 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.
ii. To the extent permissible under applicable laws, She Scooty is not liable for any civil, criminal, tortious, or any other liability, that may accrue as a consequence of the breach by the Service Provider (a) of the applicable laws in respect of the use of the Portal or providing the Services; (b) of the terms of the applicable licenses and permits that are issued by the transport authorities; (c) of the terms of these T&Cs; or (d) of the duty of care the Pilot owes to the users of the Portals.
iii. She Scooty is not responsible for the behaviour, actions or inactions of the Pilot, quality of the Vehicle. Any contract for the provision of Vehicle is exclusively between the customer and the Pilot and She Scooty is not a party to the same.
iv. All rights not otherwise claimed under these T&Cs or by She Scooty 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.
v. She Scooty 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.
vi. The Pilot 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:
i. Design or build a competitive product or service,
ii. Design or build a product using similar ideas, features, functions or graphics of the Portal, or
iii. Copy any ideas, features, functions or graphics of the Portal, or
iv. 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.
10. TERM AND TERMINATION
She Scooty is entitled to terminate the contract at any time without notice to the Pilot and the Pilot would have no right to seek any explanation. However, as already mentioned hereinabove, if any fault is committed by the Pilot whereby she breaches or violates any terms of this contract or has been rude towards any customer and further commits any wrong or fraud not only with the customers but also with She Scooty then in case, a hearing would be given to the Pilot of personal hearing by the authorised partner or proprietor or representative of She Scooty who is appointed by She Scooty itself and after hearing, necessary action would be taken which includes suspension, invoking of provisions of fine, penalty or even termination. In case, the Pilot does not provide on demand, the verification and authentication of information and documents, which are being provided by the Pilot then the contract would be immediately suspended subject to the providing of the said documents within 15 days and in case without any reasonable cause, the said information or documents are not provided within the given time, then the contract would be considered to be terminated without any formal information thereafter.
i. any action or omission by the Pilot which can cause legal or contractual liability for She Scooty including but not limited to fraudulent conduct, customer complaints, continuous unsatisfactory reviews by the Users, misconduct, negligence, and all other actions specifically prohibited under Applicable Law.
ii. She Scooty is also at liberty to terminate the contract at their discretion, where, in their opinion, continuance of the services of Pilot is detrimental to the business interest of She Scooty due to the acts of the Pilots, such as the following:
a. Misbehavior, rude behavior with the staff of She Scooty, customers or any other persons associated with the She Scooty.
b. Any acts involving criminal offence punishable under law, including physical assault, threatening any of the staff of She Scooty, person associated with She Scooty and any other persons.
c. Concealment of fact/material information while entering into a contract with She Scooty.
d. Poor & irregular for work, meetings and failure to abide by the rules/terms of the contract.
e. Drunk while on duty and drunken behaviour.
f. Commission of fraud/ misappropriation/embezzlement for undue monetary gain, which is against the interest of the She Scooty.
g. Negligence in performing the duty, causing damage of moveable and immoveable assets of She Scooty, its employees, customers.
h. Indulging in spreading content through digital media, social networking sites, or any other form, which could be detrimental to She Scooty's brand and its image.
i. Indulging in acts such as creating ruckus/ strike/ or any activity against She Scooty, which could be detrimental to the She Scooty's brand and its image.
j. Indulging in unauthorized disclosure of confidential information of She Scooty to external agency, person, She Scooty or organization.
k. Misuse of assets provided by She Scooty and welcome kits, which could be detrimental to the interest of She Scooty's brand and its image.
l. Absconding for more than 4 hours with any asset, delivery item, money or any other valuable item belonging to She Scooty, its employees, customers or other staff member(s). In such eventuality, She Scooty would reserve its right to give complaint to the police or to any other authority for getting the necessary action taken and the information of the said Pilot would be shared on the Portal of She Scooty or with any other authority including the police so that the reputation of She Scooty is not lowered amongst its customers due to any fault of the Pilot. In case, in order to save the honour of She Scooty, any compensation is paid by She Scooty then the same would be got recovered from the Pilot either by forfeiting his appointment or by any lawful means.
m. Failure to abide by any of the rules and guidelines given by She Scooty as part of service quality standards and principles.
n. Doing any act unbecoming of a Pilot.
o. In case the background check, whether wholly or partially, is found negative at any point of time during the term of these T&Cs.
11. TEMPORARY/ PERMANENT TERMINATION
On temporary or permanent termination of the Pilot from the service of She Scooty Pilot either voluntarily by the Pilot or by She Scooty, The Pilot agree the terms as follows:-
i. That the Pilot will refrain from doing any such act which She Scooty reasonably believes to disreputable or capable of damaging She Scooty’s reputation.
ii. That the Pilot will not mislead any customer in any way about She Scooty.
iii. That the Pilot will not discuss any internal matters of She Scooty with any third person including other Pilots and customers of She Scooty.
iv. That the Pilot will still be bound to all the points mentioned in this agreement and will act accordingly.
v. That the Pilot will delete all the customer details and will neither use any detail of customers for personal use not will share with any third party for any cost.
vi. That the Pilot will return all the assets of She Scooty immediately such as helmets, uniform, rain coat or any other such things given to Pilot for performance of their services.
12. GOVERNING LAW, JURISDICTION AND DISPUTE RESOLUTION
i. That the territorial jurisdiction to deal with any dispute between the Pilot and She Scooty would be Jalandhar courts only and there would be no territorial jurisdiction of any other court including the courts where Pilot is residing and working for gain or even where the contract is claimed to be signed either manually or online, meaning thereby that in that eventuality, jurisdiction to try and decide any dispute, litigation would be of Jalandhar, Punjab courts only and not of any other courts.
ii. That the interse dispute between the Pilot and She Scooty would be governed by the provisions of Arbitration laws which are applicable in India more particularly in Punjab State of arbitration would be Jalandhar only and no other place as detailed hereinabove but the Arbitrator would be either Shri Mandeep Singh Sachdev, Advocate, Jalandhar, Punjab, India or any other person appointed by him and there would be sole jurisdiction of Arbitrator to decide the dispute. The arbitration proceedings would be conducted as per the provisions of Arbitration laws applicable in India and would be conducted in English language only. The arbitration proceedings can be initiated by either Pilot or by She Scooty as the case may be. However, after giving statutory notice as per the provisions of Arbitration Act applicable in India at that relevant time.
The Pilot may not assign its rights or obligations under these T&Cs without prior written approval of She Scooty.
These T&Cs may be amended from time to time and as and when required, at the discretion of She Scooty.
If any provision or any part of a provision of these T&Cs is invalid, unenforceable or prohibited by applicable laws of the Republic of India , such provision or part of provision shall be severed from these T&Cs and shall be considered divisible as to such provision or part thereof and such provision or part thereof shall be inoperative and shall not be part of the consideration moving between you and She Scooty hereto and the remainder of these T&Cs shall be valid and binding and of like effect as though such provision was not included herein.
She Scooty at its sole discretion may insure the Pilot through third party insurance company against any accident suffered by the Pilot during provision of Services by the Pilot using the Portal. She Scooty reserves the right to recover any amount paid by She Scooty in lieu of the insurance from the Pilot.
i. She Scooty may give notice by means of a general notice on the Portal, or by electronic mail to your email address on record in She Scooty's account information, or by written communication sent by regular mail to the Pilot's address on record in She Scooty's account information.
ii. It is sole responsibility of Pilot to check the updated Terms & Conditions time to time.
iii. Pilot needs to send any notice on at email id: firstname.lastname@example.org.
Proceeding further to register/log in or by providing services through She Scooty Portal means you agree to the terms and conditions so only proceed if you are agree with the above mentioned terms and conditions otherwise kindly uninstall the app.