Rude behavior/Customer Inconvenience:-

• Trainer 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 trainer. If his vehicle gets breakdown he himself should call the office and make arrangement for another vehicle at any cost for the customer and drop the customer to the drop location.

Extra ordinary Circumstances:

• Any instance of trainers behavior that directly or indirectly impacts the company’s Brand Image”.

Maximum Weight

• Never load the vehicle above the manufacture’s maximum specified weight.

Medically fit

• Never load the vehicle if medical conditions will impact the driving .

Unauthorized Goods or Person’s

• Not carry any unauthorized goods or persons till the completion of the ride.

Device Misuse:

• Trainer shall ensure that the Device (as defined in the Trainer T &C) shall not be misused in any way.
• For such violations, the driver’s liability may extend to liquidated damages and/or legal proceedings for branch of Driver T&C.
• Driver shall ensure that the device or the financed device is not used for any similar commercial purpose other than as provided for in the driver T&C the acknowledgement on receipt of Device, the confirmation letter in relation to the financed device and other policies introduced and/or amended by from time to time.
• Trainer shall obey all traffic rules including traffic signals. Trainer shall keep all statutory documents (insurance documents, vehicle registration book/ card, PUC certificate, etc.) at all times Trainer shall wear seat belt all the time while driving.

Trainer lying or completing service in bad-faith:

• Trainer should follow the best and shortest possible route to reach the destination. Driver should not misrepresent or misguide the routes or duty slips to cut short the ride.
• Trainer shall not consume/intake or be under the influence of alcohol or narcotic substances while logged into the Qibto portal.

Abusive or discriminatory Trainer:

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

Rude Behavior with female customer:

• Trainer shall not under any circumstance argue with the customer use abusive words raise his voice tone while talking to the customer. Trainer should follow the instructions given by customer as well as by Qibto call centre.

Mobile Phone usage:

• Trainer shall not use mobile phones (unless for emergency purposes) during the whole driving, this includes but not limited to SMS, video calls, voice MMS and downloading. However, this shall not apply in case of calls from Qibto representatives and the customer after stopping the car.

Reporting To Qibto:

• Trainer shall not lie about Vehicle’s position to the representative. Trainer shall not report meter readings incorrectly. Trainer shall not report meter readings incorrectly. Trainer shall provide opening and closing readings of the odometer on time as and when such readings is required to be provided by the representatives.

Rash Driving:

• Trainer shall not exceed the speed limit of:
  1. 50 Kms per hour within the city.
  2. 60 Kms per hour on state highways;and
  3. 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 Trainer shall follow the said prescribed lower speed limits. Trainer should not apply sudden breaks and should not take sharp turns that may cause inconvenience to the costumer.

Driving License (DL) & other RTO Documents:

• While on duty hours with Qibto it is mandatory to keep DL and all relevant RTO impacting papers (T-permit, PUC, Insurance, RC, etc.) While performing the services, trainer should not sleep in the vehicle. Trainer shall not reject the booking on this own at the time of allotment under any circumstances (unless permitted by Qibto)
• Trainer shall not reject the booking or a customer once he has accepted the duty and logged in and shall not switch off his mobile under any circumstances.

Missing Luggage:

• Trainer should hand over the luggage or bags to the office, if the customer has mistakenly left any luggage in his cab or the driver should call to the customer and inform him that he has forgotten his belonging in the cabs.

Customer Services:

• Trainer shall greet customer both at pick up and drop. Trainer shall manage the luggage (both at pick-up and drop point). Trainer shall ensure that vehicle’s AC is turned on before customer sits in the Vehicle if customer has opted for the same in his package.

Vehicle Cleanliness:

• Trainer shall keep the vehicle and dashboard clean.
• Trainer shall make the vehicle available for field audit within 2 days’ time period from such breach. Till then no bookings shall be provided and the vehicle will be blocked from the device.

Disturbing Customer:

• Trainer shall not play loud music (above mid-level of the stereo) or music through any kind of earphone device.
• Trainer shall not unnecessarily blow horn. Trainer shall not proactively engage into a personal conversation with the customer and shall not resort to any kind of unpleasant behavior with customer.

No smoking/Tobacco/Pan/Masala/Food Item:

• Trainer shall not smoke inside the vehicle. Trainer shall not chew any masala or chewing gum or any other food item while a ride is in progress.
• Trainer 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.
• Trainer should not make any fake calls or give any missed calls to the Customer’s contact number.
• Trainer should only give a call to the customer informing the customer about the arrival of the Vehicle at the destination. Trainer shall not make unwarranted use to the customer contact details after the customer has been dropped at the destination.
• The Trainer shall be well versed with the routes. Trainer shall not take any long route when there is another short route known to him for reaching the destination. They are not expected to halt at several places during the journey due to lack of knowledge of the routes.

Delay In pack-Up:

• Trainer should reach the pickup point (before pick-up time) Trainer must intimate the customer that he has reached at the pick-up location.
• Trainer should keep his mobile ‘ON’ while he is logged into the Qibto portal and he should receive every call of the customer.
• Trainer should not make any deliberate attempt to park the vehicle in ‘non-network’ area while the customer is away for his/her personal work.

Vehicle Branding:

• Qibto Sticker, if any, on the Vehicle should not be removed till the Vehicle is active on the platform.

Asking for tips:

• Trainer shall not Proactively ask for tips from the customer. Trainer shall not hassle the customer for change.

Wasting customer’s Time:

• Trainer shall not stop the vehicle for filling fuel in between the journey. Trainer shall not make any personal stops during the journey.

Personal hygiene:

• Trainer shall wear neat Qibto cabs uniform if any & badge at all times during duty hour. Driver shall maintain personal hygiene.

Force Majeure:

• Any delay in or failure to perform any obligations by either party trainerT & C shall not constitute default hereunder if and to the extent caused by force majeure, which is defined to be occurrences beyond the reasonable control of such party committing default, including and limited to acts of the government authorities. Acts of God, fire, flood, explosion, riots, war, rebellion, insurrection (Force Majeure). Provided however you shall give prompt written notice within a period of 7 (seven) days from the date of the force majeure occurrence. You shall use all reasonable efforts to avoid or remove such cause of force majeure are removed. In the event the force majeure event continues for the period of 7 days from the date on which receives the notice from you as above, Qibto shall have the right to terminate these trainer T & C.

The training school shall pay to Qibto all amounts due and owing towards them.

Each party shall promptly return to the other party all property and materials, including confidential information and materials, furnished to it by the other party pursuant to these trainer T &C. where the confidential information cannot be returned in material form, the party shall destroy the other party’s confidential information.

The parties shall cease acting in a manner that would imply a continuing relationship between the parties and shall cease all marketing and other activities contemplated under these Driver T & C, in connection with the marketing activities, on termination or expiration of the driver T & C the trainer shall ensure that branding affixed/displayed on the vehicle and / or any other branding affixed/ displayed on the vehicle (as directed by and mutually agreed between the parties), trainer shall promptly approach nearest office for removal of the branding. Disclaims all liabilities whether civil, criminal, tortious, or otherwise, that may accrue as a consequence of continued use of any branding by the driver after expiry or termination of the driver T & C.

You agree and undertake to indemnify and to hold harmless its affiliates, successors, agents, assign an each to their directors officers employees, associates, agents and representatives from and against any losses, damages, liability claims, costs, penalty and expenses (including, without limitation, reasonable attorneys’ fees) incurred by reason of (i) any breach or alleged breach by you of the your obligations, performance or observance of your role, functions, responsibilities, representations, or warranties under the trainer/DS T &C, (ii) any violation policies or any other polices provided by (iii) any harm to the party by driver’s usage of intellectual property in a manner not permitted under these permitting in any way by the driver the transfer or unauthorized access to data on the portal or permitting in any way by the driver the transfer of such data to the competitors of or tis affiliated, and (vii) fraud, negligence and misconduct of the driver.

Qibto shall not be responsible or liable for any loss or damage, howsoever caused or suffered by the trainer arising out of the use of the service offered by to the trainer directly or indirectly, for any reason whatsoever, including but no limited to damage or loss caused to you as result of a customer’s non-compliance, which includes, but is not limited to, any incorrectly placed voice instructions, malfunction, partial or total failure of any network terminal, data processing system, computer tele- transmission or telecommunications system or other circumstances whether or not beyond the control of any person any organization involved in the above mentioned systems. The driver shall also be liable to for any loss caused to due to the negligence of driver or any unlawful act or omission in the performance of the service. Without prejudice to the above, shall not be liable for any direct or indirect loss or damage, which may be suffered by the trainer/DS as a result of any failure by a customer to show up within any stipulated time even if has agreed to such timing or even if the customer has advised of the possibility that he/she may not show up within the stipulated time.

Upon termination of these trainer/DS T &C in the manner set out in Clause 14.1 and 14.2 above, the registration of the trainer on the portal shall stand cancelled and the account shall be terminated and the trainer shall not be eligible to ply his vehicle on the portal.

You have not been convicted by any court in India or any other country of any crimes any pending litigation which shall materially affect your obligations under these trainer/DS T & C.

Perform the service in accordance with all applicable laws.

Be solely responsible comply with polices and adopt appropriate processes to prevent offering any illegal gratification in the form of bribes or gifts either in cash or in kind in the course of all dealings with or the customer or any other third parties.

Except as otherwise agreed, the data of customer will be the exclusive property of and you will not use the same for your own purpose or distribute such data in any form or means except for the purpose of these trainer/DS T &C and shall keep it confidential at all times. Confidential information would include but not be limited to customer details, market information all work products and documents related thereto, the contents of the portal or any other information which is treated as confidential by and any other information, whether oral or in writing, received or to be received by you which is agreed to be treated as confidential whether expressly or by implication.

Qibto may, upon, notice to the trainer/DS, delist or remove the information pertaining to the trainer from the Portal.

Qibto may is its sole and absolute discretion reduce/cancel any allocated work to the trainer including service requests in the event of the trainer’s failure to provide the service to the satisfaction of qibto.

The trainer agrees that he/she shall not reproduce, transcribe or make any copies of the Intellectual Property, in any form or manner and not copy or reverse engineer, or attempt to derive the composition or underlying information, structure or ideas of any such Intellectual property.

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”) , including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such content, Contained on the Portal is owned, Controlled or licensed by or to and is protected under the Applicable Law.

Except as expressly provided in these trainer/DS T &C the D.C shall not:

• Copy, reproduce, modify, damage, disassemble, decompile, reverse engineer or create derivative works including, without limitation, translations, transformations, adaptations, or other recast or altered versions) from the portal, or any portion thereof.
• Brach, Disable, tamper with or develop or use (or attempt) any workaround for any security measure provided in the portal.
• Send spam or otherwise duplicative or unsolicited messages in violation of applicable laws, and or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortuous material, including material harmful to children or violating of third party privacy rights.
• Store material containing software viruses, worms Trojan horses or other harmful computer code, files, scripts, agents or programs;
• Use the portal in a way that infringes or misappropriates a third party’s intellectual property rights or personal rights;
• Use any device, software or routine to interfere or attempt to interfere with the proper working of the portal or any activates conducted on the servers;
• Copy, sell, sub-license or assign the Portal and its right under these DS/Trainer T &C without the prior written consent.
• Distribute, disclose or allow use of the portal by any third party in any format, through any timesharing service, service bureau, network or by any other means; or
• Merge or combine the portal with any other technology not provided.
• Any failure to compete a service request accepted by the Driver
• Any failure to pick up costumer (s) at the allotted time and/or place;
• Any act or omission of the part of its trainers including any rash and negligent driving, verbal, physical or harassment of any nature.
• Any violation or non-adherence to the Applicable Law by the trainer;
• Any nuisance or damage caused to the property of by the driver or any misbehavior with representatives, misbehavior shall include within its purview using abusive language, causing physical harm and making indecent gestures;
• Any physical and/or mortal danger caused to the customer whilst using or in connection with the service;
• Any delay of more than 10 (ten) minutes caused to the customer (s) and;
• Charging excess amount from the customer over and above total Ride Fare.
• The Driver, shall not, either directly or indirectly:
• Be the reason for to be a part of any negative publicity, including but limited to, sharing any communication from in any from whatsoever, including but not limited to any confidential or privileged information. Provided that, the trainer shall not liable if such information is shared pursuant to or in connection with the operations of any applicable law or regulation.
• Trainer will maintain all relevant books, records and accounts relating to the services provided by driver and payments collected. Upon reasonable notice, may audit, or may appoint a qualified independent auditor to audit, the books and records of the driver to verify the accuracy of the amount of payments collected by the Trainer. If such audit reveals any discrepancies with respect to the payment collected and submitted to then in addition to retaining the right to exercise other remedies, may require the driver to promptly pay an amount equal to the discrepancy and may ask for an additional amount as fine from the driver. The audits will be conducted at expense, provided, however, that if the audit reveals and underpayment by the driver with respect to collection and submission of payments to in excess of 5% (five percent) then trainer in addition to payment obligations described above, will promptly reimburse for all reasonable, third party audit fees.
• On allotment of booking in response to a service request the driving school taking up a booking in response to a service request, the driving school shall that the vehicle arrives prior to the pick-up time.
• The driving school shall ensure that the customer pays the service fee as well as additional surcharge (if applicable) and any fee or levy presently payable or hereinafter imposed by applicable law. In the event, the customer pays by case for the services, the driving school shall collected the service fee and remit the cancellation fee (if any) to in the manner solely determined.
• The driving school will have a functioning mobile numbers and also have the ability to read text messages sent by regarding the customer details and to convey customer feedback. The driving school shall be solely responsible for reading and acting upon any instructions sent by text messages on his registered mobile number.
• Any cancellation of the allotted booking is prohibited except in exceptional circumstances based on a justifiable explanation provided by the driving school. The trainer shall immediately inform in case of any cancellation or refusal of allotted booking. Further the driving school hereby agrees such cancellations or refusal to provide service may, lead to a deduction in form of withholding of part or whole of the driving school proceeds.
• The driving school agrees that the costs associated with the maintenance of the vehicle shall be borne by them.
• By registering with you hereby agree to (i) provide information that has a legal duty to request from a driving school on account of the know your customer norms under applicable laws including without limitation your permanent account number (PAN) and (ii) undertaken due diligence and update yourself on applicable laws that may have implication on your liability as a driver.
• You acknowledge and agree that your information may be transfer or stored in a server outside India or the country where you are located in order to perform obligations under these Driving school T&C.

OBLIGATIONS OF THE TRIANER

• The trainer shall ensure and confirm that he understands the language of the portal and shall ensure that he/she chooses the language that he bests understands from amongst the language that the portal supports.
• The service provided through the portal by the trainer shall be of the highest quality as per industry standers and in accordance with the oral and written requirements of trainer. The trainer shall be liable for any loss caused to and/ disclose any such aforesaid calamity that he may become aware of.
• The trainer shall provide the service to the customer in a courteous, effective and timely manner.
• The trainer shall ensure registration of vehicle at all times and shall hold any keep updated renewed all licenses, insurance and permits necessary for the use of vehicle on the portal.
• The trainer shall not undertake any unlawful or illegal activity while performing services.
• The trainer shall not allow unauthorized persons to drive the vehicle and shall ensure that the vehicle is not in an unsafe condition.