Agreement is made on between M/s. Lorrydeck Logistics India Pvt. Ltd. (to be referred as “The Company” hereinafter)on the one part, and (to be referred as PyKIT Associate hereinafter) on the other part.
Whereas the Company is desirous of engaging the transporters for carrying out the Shipper’s (Company’s Client) transportation requirements on the terms and conditions appearing hereafter and the PyKIT Associate has agreed to carry out the said work on these terms and conditions.
For registration on the Service Provider Mobile App, the Smart Phone of such model and functionality as may be specified and notified by The Company to the PyKIT Associate, more specifically set out under the Commercial Term Segment in Exhibit A, shall be provided by the PyKIT Associate as his own device.
In the event such Smart Phone is misplaced by the PyKIT Associate or if it is stolen from PyKIT Associate’s Vehicle, the PyKIT Associate shall promptly notify the Company in writing and immediately proceed to file an FIR in the police station within the jurisdiction. Once FIR is filed, PyKIT Associate shall submit the FIR copy to the the Company and immediately provide a new Smart Phone as replacement to the misplaced or stolen one.6) Representations and Warranties
A) The PyKIT Associate represents and warrants that the PyKIT Associate is the registeredowner or the lessee, as the case may be, of the Vehicle(s) and permitholder for the provision of Transport Services of the Vehicle(s).
B) The PyKIT Associate represents and warrants that the PyKIT Associate has all requisite power and authority to deliver and perform the obligations imposedherein.C) The PyKIT Associate represents and warrants that entering into and performance of the transactions contemplated by this Agreement and PyKIT Associate T&C does not and willnot conflict with any law or regulation applicable to the PyKIT Associate or any guidelines, rules, regulations including any judicial, official, governmental and/or statutory and/or regulatory orders and/or judgments whether interim, final or otherwise or with any other contract to which the PyKIT Associate is aparty. D) Disclaimer
The PyKIT Associate agree that The Company’s role is limited to
(a) managing and operating the Portal and the Service Provider App and being a marketplace solely for the display of the Transport Services in the manner decided by The Company unilaterally,
(b) being an online booking platform facilitating the provision of Transport Services by the PyKIT Associate to the users of the Portal, and
(c) payment collection through an e-wallet to facilitate the transactions between PyKIT Associate and the users of Portal.
7) Specific Indemnity
The Driver / the PyKIT Associate shall be solely liable for any and all accidents/ incidents involving the Vehicle, while providing the Services. The Company shall not be held liable for any such accidents/ incidents involving the Vehicle.
All miscellaneous expenses pertaining to the Vehicle, such as maintenance and repair expenditures, penalty for violating of traffic rules, etc., shall be borne solely by the Driver/ PyKIT Associate, and The Company shall not be held liable or responsible for the same.
"For the above work of transportation, in accordance with the terms and conditions of this agreement, the company will pay the amount of freight to the transporter after deduction of 12% as commission for each trip. Such deduction may be variable depending on the market conditions from time to time solely at the discretion of The Company. Such remuneration shall be paid on a weekly basis.
8.1 Time for payment for any Services is of the essence.
8.2 The fees which you pay PyKIT for the Service are due immediately and are non-refundable (“Service Fee“). Subject to any limit stipulated by the applicable law, the Service Fee shall be a percentage of the User Charges, as determined by PyKIT from time to time. This no-refund policy shall apply at all times regardless of your decision to terminate your access to the Application / Platform, our decision to terminate or suspend your access to the Application / Platform, disruption caused to the Service whether planned, accidental or intentional, or any reason whatsoever.
8.3 You acknowledge and confirm that PyKIT may administer and act as your collection agent to pay to you the total amount of user charges due to you in respect of your provision of the solution.
8.4 PyKIT retains the right to suspend the processing of any transaction where it reasonably believes that the transaction may be fraudulent, illegal or involves any criminal activity or where you and/or the User have breached any of the Terms in this Agreement. In such an event, you shall not hold PyKIT liable for any withholding of, delay in, suspension, forfeiture or cancellation of, any payment(s) to you.
8.5 PyKIT may, at its sole discretion, make promotional offers with different features and different rates on the Solutions to any of the Users whereby these promotional offers shall accordingly be honoured by you. PyKIT may change the Service Fee at any time at its sole discretion.
8.8 Funds in the Driver’s Credit Balance are not redeemable for cash and cannot be refunded. They cannot be resold, exchanged or transferred for value under any circumstances. The funds shall not be regarded, construed, or used as valuable or exchangeable instruments under any circumstances. You will not receive interest or other earnings on your Credits. PyKIT may receive interest on amounts that PyKIT holds on your behalf. You agree to assign your rights to PyKIT for any interest derived from your Credits.
8.9 Driver’s PyKITPay Wallet: Where available, Drivers will be provided with a PyKITPay stored value facility wallet. This wallet may be used to receive funds withdrawn from the Driver’s Cash Balance pursuant to clause 6.1.4 above, as well as make payments, remittances and transfers of funds to other Users.
8.10 The Driver / the Transport Service Provider shall be solely liable for any and all accidents/ incidents involving the Vehicle, while providing the Services. The Company shall not be held liable for any such accidents/ incidents involving the Vehicle.
9) SPECIAL POINTS: -
1. Loading & Unloading part shall be the responsibility ofthe Shipper & Receiver as the case may be.
2. GST will be applicable as per Govt. Rules 6.
3. 3. The PyKIT Associate will pay for any costs of transportation such as toll roads, turnpikes, or any unforeseen road fees. The PyKIT Associate will be responsible for all goods from pickup to delivery of the goods. The PyKIT Associate will be responsible for providing EPOD and photo of goods detailing all items being provided fortransport.
The PyKIT Associate will be responsible for inspecting goods upon delivery, prior to accepting delivery.
10) Term and Termination
1. This Agreement shall be valid for a period of one year and shall be renewedautomatically, unless otherwise agreed between the Parties.
2. The Company shall be entitled to terminate this Agreement with a prior written notice of7 (seven) business days to the other Party without assigning any reason for the termination.
3. The Company shall be entitled to terminate this Agreement immediately for breach ofany terms in this Agreement by the PyKIT Associate.
4. Upon termination of this Agreement, the registration of the PyKIT Associate with The Company shall stand cancelled and the Account shall be terminated and the PyKITAssociate shall not be eligible to ply his Vehicle(s) on the Service Provider App on The Mobile App.
11) Governing Law and Dispute Resolution
1. If any dispute arises between the PyKIT Associate and Lorrydeck Logistics India Pvt. Ltd in connection with, or arising out of, this Agreement, the dispute shall be referred to arbitration under the Arbitration and Conciliation Act, 1996 (Indian) to be adjudicated by a sole arbitrator to be appointed by The Company Arbitration shall be held in Gurugram. The proceedings of arbitration shall be in the English language. The arbitrator’s award shall be final and binding on the Parties.
2. This Agreement shall be governed by and construed in accordance with the laws ofIndia. Subject to clause 10.1, the courts in Gurugram shall have the exclusive jurisdiction in connection with this Agreement.
12) Amendment: -
The Company may amend the provisions of this Agreement and Exhibits annexed to this Agreement at its own discretion and notify in accordance with the means provided in such amendments to the PyKIT Associate.
PYKIT ASSOCIATE TERMS AND CONDITIONS
DRIVER TERMS AND CONDITIONS
These Terms and Conditions (as defined) shall be applicable as set out below1. If the PyKIT Associate (as defined in the Subscription Agreement) is an Operator providing Services to the Customers through the Drivers employed by the Operator, these Terms and Conditions shall be interpreted in the mannerso as to apply to the Operator as well as tothe Drivers employed by the Operator; and
2. If the PyKIT Associate is an individual providing Services to the Customers directly, these Terms and Conditions shall be interpreted in the mannerso as to apply to an individual PyKIT Associate Operator.
1. APPLICABILITY OF DRIVER T&C
These Driver T&C together with the Subscription Agreement, Commercial Term Segment, ZeroTolerance Policy, The Company Policies, shall be deemed to be incorporated by reference into these Driver T&C and shall form the complete understanding between the Parties. By accepting the
Driver T&C, You acknowledge and agree to the Subscription Agreement and various Exhibits to the Subscription Agreement, The Company Policies and any other policy that The Company makes applicable to You from time to time, to the fullest extent possible. Additionally, You hereby understand and consent to the collection, storage and sharing of Aadhaar card and any information extracted therefrom with Third Party Vendors and/or Government Authorities, for the process of onboarding and background verification.
2. SCOPE OF SERVICES
2.1 You agree that The Company role is limited to being a market place solely for managing and operating the Portal for the display of the Service in the manner decided by The Company unilaterally, payment collection through cash, or Wallet to facilitate the transactions between You and the Customers. Accordingly, The Company is merely an intermediary providing online marketplace services and the Portal is only a platform where You shall offer Service to the Customers. The contract for availing the Service shall be a contract solely between You and the Customer. At no time shall
The Company have any obligations or liabilities in respect of such contract.
3. SERVICE REQUESTS
3.1 On receipt of a Service Request, Booking will be allotted to the Driver on the Device or in such other manner as may be agreed between the Driver and The Company from time totime.
3.2 The Driver shall duly complete all Bookings allotted in connection with the Services and promptly notify The Company immediately by means of short message service / telephonic calls of any changes / deviations to the Booking, which may affect the provision of the Service.
3.3 Any cancellation of the allotted Booking is prohibited except inexceptional circumstances based on a justifiable explanation provided by the Driver. The Driver shall immediately inform The Company in case of any cancellation or refusal of allotted Booking. Further, the Driver hereby agrees such cancellation or refusal to provide Service may, lead to a deduction in form of withholding of part or whole of the Driver Proceeds.
3.4 The Driver shall be solely responsible for:
i. any failure to complete a Service Request accepted by theDriver;
ii. any failure to pick up Customer(s) at the allotted time and/orplace;
iii. any act or omission on the part of its Drivers including any rash and negligent driving, verbal, physical or harassment of any nature;
iv. any Violation or non-adherence to the Applicable Law by it;
i. The PyKIT Associate must be competent to contract within the meaning of the IndianContract Act, 1872.
ii. The PyKIT Associate must have a ‘Reserve Bank of India KYC compliant’ bankaccount.
iii. The PyKIT Associate must not be convicted of any offence for the preceding10years.
iv. The PyKIT Associate must be a man of good repute and character and must never havebeen convicted of an offence involving moral turpitude and that no warrant, summons, FIR or any other process must have been initiated against or issued inTransport Service Provider’s name by any court of law, Governmental authority or law enforcement agency. Further, no proceeding must be pending against the PyKIT Associate regarding and neither have PyKIT Associate been convicted of (a) driving under the influence of drugs or alcohol or (b) any cognizable offence under the Code of Criminal Procedure, 1973, including fraud, sexual offences, use of a motor vehicle to commit cognizable offence, or of any crime involving property damage, theft, acts of violence, or acts of terror.
V. The PyKIT Associate must have identity proof / badge and commercial driving license as required under the Motor Vehicles Act, 1988 and the rules made thereunder OR The PyKIT Associate must provide identity proofs / badges and commercial driving licenses in respect of the drivers proposed to be used for the Transport Services and as required under the Motor Vehicles Act, 1988 and the rules made thereunder.
Vi. The PyKIT Associate must have registration certificate, fitness certificate, pollution certificate, contract carriage permit and mandatory insurance policy in respect of each Vehicle of the PyKIT Associate proposed to be used for the Transport Services.