Drivers Policy

DRIVER AGREEMENT TO SERVICES AGREEMENT


This Driver Agreement to Services Agreement (“Agreement”) constitutes a legal agreement between an independent company in the business of providing transportation/logistics services (“Transportation/Logistics Company”) and an independent, for-hire transportation/logistics provider (“Driver”).

Driver currently maintains a contractual or employment arrangement with Logistics/Transportation Company to perform passenger carriage services or logistics services, as the case may be, for the Transportation and/or the Logistics Company.

Transportation Company and Rapidsz Digital Private Limited (“Rapidsz”) have separately entered into a Services Agreement (“Agreement”) in order for Transportation/Logistics Company to access the Rapidsz Services (as defined below).

In addition to the transportation/logistics services it regularly performs pursuant to his or her contractual arrangement with Transportation/Logistics Company, Driver is interested in receiving lead generation and related services through the Rapidsz Services.

Transportation/Logistics Company and Driver desire to enter into this Agreement to define the terms and conditions under which Driver may receive such lead generation and related services. In order to use the Rapidsz Services, Driver and Logistics/Transportation Company must agree to the terms and conditions that are set forth below. Upon Driver’s execution (electronic or otherwise) of this Agreement, Driver and Logistics/Transportation Company shall be bound by the terms and conditions set forth herein.

DEFINITIONS


“Affiliate” means an entity that, directly or indirectly, controls, is under the control of, or is under common control with a party, where control means having more than fifty percent (50%) of the voting stock or other ownership interest, the majority of the voting rights of such entity, the ability of such entity to ensure that the activities and business of that Affiliate are conducted in accordance with the wishes of that entity or the right to receive the majority of the income of that Affiliate on any distribution by it of all of its income or the

“Device” means an Rapidsz Device or Driver-Provided Device, as the case may be.

“Driver App” means Rapidsz’s mobile application that enables transportation providers to access the Rapidsz Services for the purpose of seeking, receiving and fulfilling on-demand requests for transportation/logistics services by Users, as may be updated or modified by Rapidsz at its discretion from time to time.

“Driver App ID” means the identification and password key assigned by Rapidsz to a Driver that enables a Driver to use and access the Driver App.

“Rapidsz Data” means all data related to the access and use of the Rapidsz Services hereunder, including all data related to Users (including User Information), all data related to the provision of Transportation and/or Logistics Services via the Rapidsz Services and the Driver App, and the Driver ID.

“Rapidsz Device” means a mobile device owned or controlled by Rapidsz that is provided to Transportation and/or Logistics Company or a Driver for the sole purpose of such Driver using the Driver App to provide Transportation and/or Logistics Services and for no other purpose whatsoever.

“Rapidsz Services” mean Rapidsz’s electronic services rendered via a digital technology platform, being on-demand intermediary and related services that enable transportation/logistics providers to seek, receive and fulfil on-demand requests for transportation/logistics services by Users seeking transportation/logistics services; such Rapidsz Services include Rapidsz’s software, websites, payment services, and related support services systems, as may be updated or modified by Rapidsz at its discretion from time to time.

“Logistics Services” means the provision of logistics services to Users via the Rapidsz Services in the Territory by Logisctics/Transportation Company and its Drivers using the Vehicles, which would include but not limited to purchase of item(s) to deliver to the User(s) and pick-up an item from one point to deliver to the User(s), which would exclude certain item(s) as enlisted and updated from time to time under the Shipping Policy available on www.Rapidsz.in.

“Territory” means the city or metro areas in India, which Transportation/Logistics Company and its Drivers are enabled by the Driver App to receive requests for Transportation and/or Logistics Services.

“Transportation Services” means the provision of passenger transportation services to Users via the Rapidsz Services in the Territory by Transportation Company and its Drivers using the Vehicles. “User” means an end user authorized by Rapidsz to use Rapidsz’s mobile application for the purpose of obtaining Transportation and/or Logistics Services.

“User Information” means information about a User made available to Transportation/Logistics Company or a Driver in connection with such User’s request for and use of Transportation/Logistics Services, which may include the User’s name, pick-up location, contact information and photo.

“Vehicle” means any vehicle of Transportation Company that:

(a) meets the then-current Rapidsz requirements for a vehicle on the Rapidsz Services; and

(b) Rapidsz authorizes for use by a Driver for the purpose of providing Transportation and/or Logistics Services on behalf of Transportation/Logistics Company.

USING Rapidzs


You may use the Driver App solely for the purpose of fulfilling the delivery services and only if you are an authorized Rapidzs delivery partner (“Delivery Partner”), meaning you have a validly executed Service Agreement with Rapidzs, and you are in compliance with all of its terms. In the event of the termination of your Service Agreement, your right to continue using the Driver App for the purpose of fulfilling delivery orders will terminate immediately. Rapidzs will immediately restrict your ability to login to or use the Driver App at such time.

Use of the Driver App requires that you register and/or create an account (“Account”). To register and create an Account, you must establish a username and password and provide certain personal information. In consideration of the use of the Driver App’s services, you agree to:

(a) provide true, accurate, current and complete information about yourself as prompted by the registration form, and

(b) maintain and promptly update the personal information you provide to ensure that it remains true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Rapidzs has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Rapidzs has the right to block your current or future use of the Driver Apps (or any portion thereof). You are responsible for maintaining the confidentiality and security of your Account and password and for all activities or any other actions that occur under or are taken in connection with your password or Account.

You agree to

(a) immediately notify Rapidzs of any known or suspected unauthorized use(s) of your password or Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or information available to you through the Driver App; and

(b) ensure that you exit from your Account at the end of each session. Rapidzs will not be liable for any injury, loss or damage of any kind arising from or relating to your failure to comply with (a) and (b) or for any acts or omissions by you or someone else using your Account and/or password.

OUR ALCOHOLIC BEVERAGES POLICY


Some jurisdictions permit the ordering and delivery of alcoholic beverages. In such jurisdictions, if you deliver an order that includes any alcoholic beverage, you acknowledge that you have a responsibility, upon delivery, to request a government-issued identification card of the recipient and verify that he/she is at least 21 years of age, and the individual’s name matches that on the order. If the recipient does not comply with this request, or the name does not match the order, or the recipient is underage, you agree that the alcoholic beverage(s) will not be released, and will be returned to the Customer from which it was picked up. Failure to strictly adhere to this policy will result in disciplinary action, up to and including termination of your Service Agreement.

OUR MATERIALS AND LICENSE TO YOU


With the exception of Rapidzs Customer’s data, including without limitation Customers’ names, phone numbers, email and physical addresses (“Customer Data”) and Delivery Partner Data (defined below), the Driver App and everything on it, from text to photos to videos to graphics and software, (collectively, the “Materials”) are owned by or licensed to Rapidzs. The Driver App and the Materials are protected by copyright, trademark, trade dress, domain name, patent, trade secret, international treaties and/or other proprietary rights and laws of the India and other countries. Except as otherwise indicated on the Driver App and except for the trademarks, service marks, logos and trade names of other companies that are displayed on the Driver App or the Sites, all trademarks, service marks, logos, trade dress and trade names are proprietary to Rapidzs; and the Rapidzs.com trade dress. Please be advised that Rapidzs enforces its intellectual property rights to the fullest extent of the law.

We grant you a limited, non-exclusive, non-transferable and revocable license to access and use the Driver App and/or the Materials, solely as permitted by these Terms of Use and subject to all the terms and conditions of the Agreement, all applicable intellectual property laws, and any Additional Terms (as defined below) contained on the Driver App. Any other use of the Driver App and/or the Materials is strictly prohibited. No Materials may be copied, republished, uploaded, posted, transmitted, distributed in any way, and/or modified without our express written permission. Nothing contained on the Driver App should be interpreted as granting to you any license or right to use any of the Materials and/or third party proprietary content on the Driver App without the express written permission of Rapidzs or the appropriate third party owner, as applicable.

If you download any software from the Driver App, you may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the software to a human-perceivable form.

Rapidzs reserves the right, in its sole and absolute discretion, to modify, suspend, or discontinue at any time, with or without notice, the Driver App and/or services offered on or through the Sites (or any part thereof), including but not limited to the Driver App’s features, look and feel, and functional elements and related services.

PERMITTED USES


By accessing the Driver App, you will be able to indicate your availability; accept or reject orders that are transmitted to you for delivery; indicate stages of completion during the delivery fulfillment process; communicate with the Rapidzs and/or Rapidzs Customer (the “Customer”); view the transaction log for those orders you have fulfilled; rate and review your experience with the Customer; and manage your payment settings.

By using the Driver App, you acknowledge and agree that you are only permitted to use the information available on the Driver App, including without limitation the Customer Data, transaction logs and other Materials, solely for the purpose of fulfilling the delivery services for those orders you accept.

DELIVERY PARTNER DATA


By indicating your availability on the Driver App, you will begin transmitting your location data, which Rapidzs may layer with additional information including, without limitation, your name, age, and mode of transportation (collectively, “Delivery Partner Data”). Rapidzs’s auto dispatching technology uses certain Delivery Partner Data to coordinate order fulfillment of all Rapidzs Delivery orders placed across its network of Delivery Partners. Orders are offered to you based on delivery demand and strategic fulfillment algorithms. Delivery Partners that are not within a reasonable distance from Customer may be considered unavailable to receive orders. Rapidzs also communicates your Delivery Partner Data and contact information to its Customers after you have accepted an order or batch of orders for delivery. You grant Rapidzs a license to use and share your Delivery Partner Data and/or other content you contribute such as ratings and reviews, and other profile information such as any profile picture, contact information, and length of service as a Delivery Partner, in connection with Rapidzs’s services, if we choose to do so, without notification to and/or approval by you. Further, if you provide any suggestions, input or other feedback relating to the Driver App or the services we provide, Rapidzs shall have the right to freely and fully exercise and exploit such content in connection with its business, without notice to, approval by or compensation to you.

TEXT, VOICE AND EMAIL COMMUNICATIONS


We or our Customers and our respective third-party service providers may contact you via voice, text and/or email at the phone number(s) and/or email address(es) you provided to us for the following purposes:

(i) to provide notifications related to your services and Rapidzs’s offerings;

(ii) to facilitate scheduling;

(iii) in relation to the delivery fulfillment process; and

(iv) to address issues as they arise. Please note that standard voice, data and message rates will apply for all forms of communication. Please contact your mobile phone carrier for details.

PROHIBITED CONDUCT


By accessing the Driver App, you agree:

  • to maintain the strict confidentiality of the Customer Data and transaction logs available through the Driver App;
  • to comply with all applicable laws regarding online conduct and submission of acceptable Ratings and Reviews;
  • not to deliver alcohol unless you and the alcohol recipient are 21 or older and you have verified the recipient’s name and age using a valid photo identification at the time of alcohol delivery;
  • not to access the Driver App or related services using a third-party’s account/registration, or attempt to impersonate another person, particularly any Delivery Partner;
  • not to accept orders offered through the Driver App that you do not intend to deliver;
  • not to falsely report your geographic location or prevent or otherwise attempt to prevent the Driver App from accurately reporting your geographic location;
  • not to attempt, through any means, to gain unauthorized access to any part of the Driver App and/or any related service, other account, computer system and/or network connected to any Rapidzs server;
  • not to attempt to deceive, mislead, confuse, or defraud Rapidzs through any means of circumvention related to the Driver App or the delivery services you are purporting to provide;
  • not to decompile or reverse-engineer the Driver App and/or monitor any portion of the Driver App and/or any Materials and/or other content on the Driver App, unless Rapidzs has given you specific permission to do so in writing;
  • not to conduct any kind of systematic retrieval of data or other content from the Driver App;
  • not to create or compile, directly or indirectly, any collection, compilation, database or directory from the Driver App’s content;
  • not to use the Driver App in any manner that could damage, disable, overburden and/or impair any Rapidzs server, or the network(s) connected to any Rapidzs server, and/or interfere with any other Delivery Partner’s use of the Driver App;
  • not to use any information obtained from the Driver App or the Rapidzs services (apart from sanctioned use of Rapidzs services) in order to contact, advertise to, solicit, or buy or sell any products or services to any Customer, or another Delivery Partner;
  • not to copy any content, including, but not limited to Customer Data and transaction logs, for republication in print or online;
  • not to license, sell and/or otherwise provide access to and/or use of your Account or the Driver App to any third party, including without limitation to build a competitive product and/or service;
  • not to harass, annoy, intimidate or threaten any Rapidzs employees or agents engaged in providing any portion of Rapidzs’s services;
  • not to contact any Customers beyond what is necessary to fulfill your delivery services;
  • not to display an advertisement, or accept payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Driver App or Rapidzs’s services on behalf of that person;
  • not to delete the copyright or other proprietary rights notice from any Materials or any portion of the Driver App or Rapidzs’s services;
  • not to upload or transmit viruses or other harmful, disruptive or destructive files; and/or
  • not to disrupt, interfere with, or otherwise harm or violate the security of the Driver App, or any services, system resources, accounts, passwords, servers or networks connected to or accessible through the Driver App or affiliated or linked sites; and
  • not to use the Driver App for any illegal purposes.

You agree that the consequences of commercial use or re-publication of Customer Data or Materials from the Driver App or other violations of the foregoing proscriptions may be so serious and incalculable that monetary compensation may not be a sufficient or appropriate remedy and that Rapidzs will be entitled to temporary and permanent injunctive relief to prohibit such use or activity, without the need to prove damages.

CUSTOMER COMMUNICATIONS


By communicating with any Customer, you will strive to be professional at all times. Additionally, you agree to follow the standards of conduct below, and any additional standards that may be communicated from time to time.

We do our best to encourage civility and discourage disruptive communication on and outside of the Driver App. We also discourage communications that incite others to violate our standards. We expect your cooperation in upholding our standards. You are responsible for all of your communications. You agree not communicate in any way that:

  • is unlawful, harmful to adults or minors, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, profane, offensive, invasive of another’s privacy, defamatory, portrays another in a false light, is hateful, and/or racially, ethnically and/or otherwise objectionable;
  • has a commercial, political or religious purpose;
  • is false, misleading and/or not written in good faith;
  • infringes any patent, trademark, trade secret, copyright, right of privacy and/or publicity, and/or other proprietary rights of any person and/or entity;
  • is illegal and/or promotes illegal activity;
  • contains unauthorized advertising and/or solicits users to a business other than those on the Sites; and/or
  • is intended to interrupt, destroy or limit the functionality or integrity of any computer software, hardware or Materials on the Driver App, or the related Sites or other websites.

Rapidzs may monitor any and all use of the Driver App; however, we are under no obligation to do so. We may manage the Driver App in a manner intended to protect our property and rights and to facilitate the proper functioning of the Driver App. If any conduct on or outside of our App violates our standards, or any other terms and conditions of this Agreement; or interferes with other people’s enjoyment of the Materials or our App; or that we believe is inappropriate; in our sole judgment, we reserve the right to change, delete or remove, in part or in full, any such content; and we further reserve the right to terminate or suspend access to the Driver App or to any information available through the Driver App. Rapidzs will cooperate with local, state authorities to the extent required by applicable law in connection with any communication.

USE OF THE RAPIDSZ SERVICES


Driver App IDs. Driver will be issued a Driver App ID for providing Transportation Services to enable Driver to access and use the Driver App on a Device in accordance with this Agreement. Driver will maintain his or her Driver App ID in confidence and not share it with any third party unless called upon to do so under a lawful order or by the law enforcement authorities during the course of investigation, and will immediately notify Transportation/Logistics Company of any actual or suspected breach or improper use or disclosure of the Driver App ID or the Driver App.

Provision of Transportation/Logistics Services. When the Driver App is active, User requests for Transportation/Logistics Services may appear to Driver via the Driver App if Driver is available and in the vicinity of the User. If Driver accepts a User’s request for Transportation/Logistics Services, the Rapidsz Services will provide certain User information to Driver via the Driver App, including the User’s first name and pickup location. In order to enhance User satisfaction with the Rapidsz mobile application and Driver’s Transportation Services, it is recommended that Driver waits at least ten (10) minutes for a User to show up at the requested pick-up location. Driver will obtain the destination from the User, either in person upon pickup or from the Driver App if the User elects to enter such destination via Rapidsz’s mobile application. Driver acknowledges and agrees that once he or she has accepted a User’s request for Transportation Services, the Rapidsz Services may provide certain information about Driver to the User, including Driver’s first name, contact information, Transportation Company entity name, photo and location, and Driver’s Vehicle make and license plate number. Driver shall not contact Users or use any User’s personal data for any reason other than for the purposes of fulfilling Transportation/Logistics Services. Driver agrees that his or her contact and/or insurance information may be released to a User upon such User’s reasonable request. Driver may not, unless specifically consented to by a User, transport or allow individuals other than a User and any individuals authorized by such User during the performance of Transportation Services for such User. Driver shall transport all Users directly to their specified destination or otherwise complete all logistics related tasks, as directed by the applicable User, without unauthorized interruption or unauthorized stops.

DRIVER’S RELATIONSHIP WITH RAPIDSZ


Rapidsz does not, and shall not be deemed to, direct or control Driver generally or in Driver’s performance of Transportation/Logistics Services or maintenance of any Vehicle(s). Driver acknowledges that Rapidsz does not control, or purport to control:

(a) when or for how long Driver will utilize the Driver App or the Rapidsz Services; or

(b) Driver’s decision, via the Driver App, to attempt to accept or to decline or ignore a User’s request for Transportation/Logistics Services, or to cancel an accepted request for Transportation/Logistics Services, via the Driver App, subject to Rapidsz’s then-current cancellation policies.

Driver may be deactivated or otherwise restricted from accessing or using the Driver App or the Rapidsz Services in the event of a violation of this Agreement or Transportation/Logistics Company’s violation of the Agreement, or Driver’s or Transportation/Logistics Company’s disparagement of Rapidsz or any of its Affiliates, or Driver’s or Transportation/Logistics Company’s act or omission that causes harm to Rapidsz’s or any of its Affiliates’ brand, reputation or business as determined by Rapidsz in its sole discretion. Rapidsz also retains the right to deactivate or otherwise restrict Driver from accessing or using the Driver App or the Rapidsz Services for any other reason at the sole and reasonable discretion of Rapidsz. Additionally, Driver acknowledges Rapidsz’s rights in the RAPIDSZ family of trademarks and names, including RAPIDSZ, alone and in combination with other letters, punctuation, words, symbols and/or designs, the RAPIDSZ Logo (“RAPIDSZ Marks and Names”). Driver agrees that he or she will not try to register or otherwise claim ownership in any of the RAPIDSZ Marks and Names, alone or in combination with other letters, punctuation, words, symbols and/or designs, or in any confusingly similar mark or name.

RATINGS


Driver agrees that:

(a) after receiving a request for Logistics/Transportation Services, a User will be prompted by Rapidsz’s mobile application to provide a rating of such Transportation Services and Driver and, optionally, to provide comments or feedback about such Transportation Services and Driver; and

(b) after providing Transportation Services, Driver will be prompted by the Driver App to provide a rating of the User and, optionally, to provide comments or feedback about the User. Driver shall provide ratings and feedback in good faith.

In order to continue to receive access to the Driver App and the Rapidsz Services, Driver acknowledges that he or she must maintain an average rating by Users that exceeds the minimum average acceptable rating established by Rapidsz for the Territory, as may be updated from time to time by Rapidsz in its sole discretion (“Minimum Average Rating”). In the event Driver’s average rating falls below the Minimum Average Rating, Driver may be provided a limited period of time to raise his or her average rating above the Minimum Average Rating. Driver agrees that if Driver does not increase his or her average rating above the Minimum Average Rating within the time period allowed (if any), Rapidsz may deactivate such Driver’s access to the Driver App and the Rapidsz Services. Driver agrees that repeated failure to accept User requests for Transportation Services while Driver is logged in to the Driver App creates a negative experience for Users of Rapidsz’s mobile application. Accordingly, Driver agrees that if they are logged in to the Driver App, they will strive to accept a substantial portion of User requests for Transportation/Logistics Services, and that if they do not wish to accept User requests for Transportation/Logistics Services for a period of time, they will log off of the Driver App.

Rapidsz and its Affiliates reserve the right to use, share and display Driver and User ratings and comments in any manner in connection with the business of Rapidsz and its Affiliates without attribution to or approval of Driver. Driver acknowledges that Rapidsz and its Affiliates are distributors (without any obligation to verify) and not publishers of Driver and User ratings and comments, provided that Rapidsz and its Affiliates reserve the right to edit or remove comments in the event that such comments include obscenities or other objectionable content, include an individual’s name or other personal information, or violate any privacy laws, other applicable laws or Rapidsz’s or its Affiliates’ content policies.

Devices. If Driver receives any Rapidsz Device(s), Driver acknowledges that such Device(s):

(a) are only to be used for the purposes of enabling Driver’s access to the Rapidsz Services; and

(b) may not be transferred, loaned, sold or otherwise provided in any manner to any other party. If Driver elects to use any Driver-Provided Device(s), Driver acknowledges that Rapidsz is not responsible for the acquisition, cost or maintenance of any such Driver- Provided Device(s) or any necessary wireless data plan. Rapidsz shall make available the Driver App for installation on such Driver-Provided Devices. Driver agrees to not provide, distribute or share, or enable the provision, distribution or sharing of, the Driver App (or any data associated therewith) with any third party. Driver will delete and fully remove the Driver App from the Driver-Provided Device in the event that Transportation Company and/or Driver ceases to provide Transportation Services using the Driver- Provided Device. Driver agrees that:

(i) use of the Driver App on a Driver-Provided Device requires an active data plan with a wireless carrier associated with the Driver-Provided Device, which data plan will be provided by either Transportation Company or Driver at their own expense; and

(ii) use of the Driver App on a Driver-Provided Device as an interface with the Rapidsz Services may consume very large amounts of data through the data plan. Rapidsz advises that Driver-provided Devices only be used under a data plan with unlimited or very high data usage limits, and Rapidsz shall not be responsible or liable for any fees, costs or overage charges associated with any data plan.

Location Based Services. Driver acknowledges and agrees that his or her geo-location information must be provided to the Rapidsz Services via a Device in order to provide the Transportation Services. Driver acknowledges and agrees that:

(a) his or her geo-location information will be monitored and tracked by the Rapidsz Services when Driver is logged into the Driver App and available to receive requests for Logistics/Transportation Services, or when Driver is providing Logistics/Transportation Services; and

(b) the approximate location of Driver’s Vehicle will be displayed to the User before and during the provision of Logistics/Transportation Services to such User. In addition, Rapidsz may monitor, track and share Driver’s geo- location information obtained by the Driver App and Device for safety, security, technical, marketing and commercial purposes, including to provide and improve Rapidsz’s products and services.

DRIVER REQUIREMENTS


Driver agrees that he or she shall will at all times:

(a) hold and maintain

(i) a valid driver's license with the appropriate level of certification to operate the Vehicle assigned to them, and

(ii) all licenses, permits, approvals and authority necessary to provide passenger transportation services to third parties in the Territory;

(b) possess the appropriate and current level of training, expertise and experience to provide Transportation/Logistics Services in a professional manner with due skill, care and diligence; and

(c) maintain high standards of professionalism, service and courtesy. Driver agrees that he or she may be subject to certain background and driving record checks from time to time in order to qualify to provide, and remain eligible to provide, Transportation and/or Logisitics Services. Driver may be deactivated from or otherwise restricted from accessing or using the Driver App or the Rapidsz Services if Driver fails to meet the requirements set forth in this Driver Agreement or if Transportation/Logistics Provider fails to meet the requirements set forth in the Agreement.

MODIFICATION


From time to time, Driver may be required to enter into updated versions of this Agreement in order to continue to have access to the Driver App and the Rapidsz Services.

PRIVACY


Subject to all applicable laws, Rapidsz may provide to a third party any information (including personal data and any Rapidsz Data) about Driver provided under the Agreement if:

(a) there is a complaint, dispute or conflict, including an accident, between Driver and a User;

(b) it is necessary to enforce the terms of the Agreement;

(c) it is required, in Rapidsz’s or any Affiliate’s sole discretion, by applicable law or regulation;

(d) it is necessary, in Rapidsz’s or any Affiliate’s sole discretion, to protect the safety, rights, property or security of Rapidsz, the Rapidsz Services or any third party; to detect, prevent or otherwise address fraud, security or technical issues; and/or to prevent or stop activity which Rapidsz or any of its Affiliates, in their sole discretion, consider to be, or to pose a risk of being, illegal, unethical or legally actionable; or

(e) it is required or necessary, in Rapidsz’s or any Affiliate’s sole discretion, for insurance or other purposes related to Driver’s ability to qualify, or remain qualified, to use the Rapidsz Services. Driver understands that Rapidsz may retain Driver’s personal data for legal, regulatory, safety and other necessary purposes after this Agreement is terminated. Rapidsz processes personal data (including that referenced above) in accordance with its privacy policy located at http://www.Rapidsz.in/.


INSURANCE


Driver represents and agrees that he or she holds or is otherwise covered by a valid policy of liability insurance (in industry-standard coverage amounts) with respect to Driver’s operation of the Vehicle(s) under this Agreement.

NO THIRD-PARTY BENEFICIARY


The parties acknowledge that Rapidsz is a third-party beneficiary to this Agreement. Rapidsz will have the irrevocable right (and will be deemed to have accepted the right unless this is rejected promptly after receipt of a copy of the executed Agreement) to enforce the Agreement against Transportation/Logistics Company and Driver as a third-party beneficiary thereof.

By clicking “I accept” on the Rapidsz App or signing below (as such may be required by applicable law), Driver expressly acknowledges that he or she:

(i) has read and understood this Agreement;

(ii) has had the opportunity to consult with others (including an attorney) regarding this Agreement;

(iii) agrees to be bound by the terms and conditions of this Agreement; and

(iv) is legally competent to enter into this Agreement.

RATINGS AND REVIEWS

The Driver App may allow you to rate and post reviews of Customer and other businesses (each a “Rating” or “Review”). Such Ratings and Reviews are subject to the Driver App’s standards of conduct. You represent and warrant that you are the owner of and/or otherwise have the right to provide all information, comments, reviews, ratings and/or other materials and/or content that you submit, post and/or otherwise transmit through the Driver App. Ratings and Reviews are not endorsed by Rapidsz, and do not represent the views of Rapidsz or of any affiliate or partner of Rapidsz. Rapidsz does not assume liability for Ratings and Reviews or for any claims, liabilities or losses resulting from any Ratings and Reviews. We strive to maintain a high level of integrity with our Ratings and Reviews, therefore, all Ratings and Reviews must comply with the following criteria:

(1) before posting a Rating or Review, you must have had first-hand experience with the Customer;

(2) you may not draw any legal conclusions regarding the Customer’s conduct; and

(3) your review must otherwise comply with the terms of this Agreement.

You grant Rapidsz an irrevocable, transferable, paid up, royalty-free, perpetual, non-exclusive worldwide sub-licensable license to use, copy, display, publish, modify, remove, publicly perform, translate, create derivative works from, distribute and/or otherwise use your Ratings and Reviews in connection with Rapidsz’s business and in all forms of media now known or hereafter invented, without notification to and/or approval by you.

Any Rating and/or Review that we determine, in our sole discretion, could diminish the integrity of the Ratings and Reviews, the Materials and/or the Driver App may be removed or excluded by us without notice. Rapidsz and its officers, directors, employees, parents, subsidiaries, affiliates, successors, assigns, licensors, licensees, designees, business partners, contractors, agents and representatives (collectively, the “Released Parties”) will not be responsible for, and you hereby expressly release the Released Parties from, any and all liability for the action of any and all third parties with respect to your Ratings and Reviews.

INDEMNIFICATION


You agree to indemnify and hold harmless the Released Parties from all claims, actions, losses, judgments, liabilities, damages, costs and expenses (including reasonable attorneys’ fees) arising out of your breach or alleged breach of any provision of this Agreement, your violation of applicable law, your use of the Driver App and/or Materials (including without limitation all Rapidsz Data), and/or all Uses of your User Content by Rapidsz and/or any third party authorized by Rapidsz.

DISCLAIMER


THE APP, THE MATERIALS AND ALL OTHER CONTENT ON THE APP ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE RELEASED PARTIES DISCLAIM, WITH RESPECT TO THE MATERIALS AND ALL OTHER CONTENT ON THE SITES, ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. RAPIDSZ DOES NOT REPRESENT OR WARRANT THAT THE APP, THE MATERIALS AND/OR THE OTHER CONTENT ON THE APP WILL BE SECURE, UNINTERRUPTED AND/OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, AND/OR THAT THE APP, THE MATERIALS AND/OR OTHER CONTENT ON THE APP ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. RAPIDSZ DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE APP, THE MATERIALS AND/OR ANY OTHER CONTENT ON THE APP IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS, CURRENTNESS, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, THE QUALITY AND/OR TIMING OF THE FOOD OR OTHER PRODUCTS ORDERED ON THE SITES. YOU (AND NOT RAPIDSZ) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION RELATING TO YOUR USE OF THE APP, THE MATERIALS AND/OR OTHER CONTENT ON THE APP. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT FULLY APPLY TO YOU.

YOU AND RAPIDSZ AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THIS AGREEMENT ARE MATERIAL, BARGAINED-FOR BASES OF THIS AGREEMENT, AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT IN DETERMINING THE CONSIDERATION TO BE GIVEN BY EACH PARTY UNDER THIS AGREEMENT AND IN THE DECISION BY EACH PARTY TO ENTER INTO THIS AGREEMENT. YOU AND RAPIDSZ AGREE THAT THE WARRANTY DISCLAIMERS IN THESE TERMS OF USE AND THE LIMITATIONS OF LIABILITY IN YOUR SERVICE AGREEMENT ARE FAIR AND REASONABLE.

IF YOU ARE DISSATISFIED WITH THE APP OR DO NOT AGREE TO ANY PROVISIONS OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE APP, EXCEPT AS MAY BE OTHERWISE PROVIDED FOR IN THIS SECTION.

THIRD PARTY LINKS


The Driver App may contain links to websites that are owned, controlled, developed, sponsored and/or maintained by third parties and which may be subject to additional terms and conditions (“Third Party Websites”). Rapidsz does not review, monitor, operate and/or control the Third Party Websites and Rapidsz makes no guarantees, representations and/or warranties as to, and shall have no liability for, the content available on or through and/or the functioning of the Third Party Websites. By providing access to Third Party Websites, Rapidsz is not recommending and/or otherwise endorsing the products and/or services provided by the sponsors and/or owners of those websites. Your access and/or use of the Third Party Websites, including providing information, materials and/or other content to the Third Party Websites, is entirely at your own risk. Rapidsz reserves the right to discontinue links to any Third Party Websites at any time and for any reason, without notice.

ADDITIONAL TERMS


Your use of the Driver App is subject to any and all additional terms, policies, rules or guidelines applicable to Rapidsz’s services or certain features of the Driver App that we may post or link to on the Driver App (collectively, the “Additional Terms”), such as end-user license agreements, or other agreements or rules applicable to particular features, promotions or content on the Driver App. All such Additional Terms are hereby incorporated into this Agreement by reference.

VIOLATIONS OF THE AGREEMENT


Rapidsz reserves the right to seek all remedies available at law and in equity for violations of the Agreement, including without limitation the right to block access to the Driver App from a particular device and/or IP address.

CHANGES TO THE AGREEMENT

We may change this Agreement from time to time and without prior notice. If we make a change to this Agreement, it will be effective as soon as we post it, and the most current version of this Agreement will always be available at the “Terms of Use” link (“Updated Terms”). If we make a material change to the Agreement, we will notify you. You agree that you will review this Agreement periodically. By continuing to access and/or use the Driver App after we post Updated Terms, you agree to be bound by the Updated Terms, and if you do not agree to Updated Terms, you will stop using the Driver App. This Agreement will govern any disputes arising before the effective date of the Updated Terms.

GOVERNING LAW


You acknowledge and agree that your access to and/or use of the Driver App, the Materials and other content on the Sites is subject to all applicable state and local laws and regulations. The terms, conditions and policies contained in this Agreement shall be governed by and construed in accordance with the laws of the India, without regard to its conflict of laws principles.

WAIVER AND SEVERABILITY


Any waiver by Rapidsz of any provision of this Agreement must be in writing. If any portion of this Agreement is found to be void, invalid or otherwise unenforceable, then that portion shall be deemed to be superseded by a valid, enforceable provision that matches the intent of the original provision as closely as possible. The remainder of this Agreement shall continue to be enforceable and valid according to terms contained herein.

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