DRIVER ADDENDUM TO USER TERMS & CONDITIONS
This Driver Addendum to User Terms & Conditions (“Addendum”) 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.
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 Bodaboda Services. Transportation/Logistics Company and Driver desire to enter into this Addendum to define the terms and conditions under which Driver may receive such lead generation and related services.
In order to use the Bodaboda 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 Addendum, Driver and Logistics/Transportation Company shall be bound by the terms and conditions set forth herein.
1. Definitions.
1.1. “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 majority of its assets on a winding up.
1.2. “Device” means an Bodaboda Device or Driver-Provided Device, as the case may be.
1.3. “Driver App” means Bodaboda mobile application that enables transportation providers to access the Bodaboda 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 Bodaboda at its discretion from time to time.
1.4. “Driver App ID” means the identification and password key assigned by Bodaboda to a Driver that enables a Driver to use and access the Driver App.
1.5. “Bbodaboda Data” means all data related to the access and use of the Bodaboda 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 Bodaboda Services and the Driver App, and the Driver ID.
1.6. “Bodaboda Device” means a mobile device owned or controlled by Bodaboda 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.
1.7. “Bodaboda Services” mean Bodaboda 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 Bodaboda Services include Bodaboda software, websites, payment services, and related support services systems, as may be updated or modified by Bodaboda at its discretion from time to time.
1.8 “Logistics Services” means the provision of logistics services to Users via the Bodaboda 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.bodaboda.in
1.9. “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.
1.10. “Transportation Services” means the provision of passenger transportation services to Users via the Bodaboda Services in the Territory by Transportation Company and its Drivers using the Vehicles.
1.11. “User” means an end user authorized by Bodaboda to use Bodaboda mobile application for the purpose of obtaining Transportation and/or Logistics Services.
1.12. “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.
1.13. “Vehicle” means any vehicle of Transportation Company that: (a) meets the then-current Bodaboda requirements for a vehicle on the Bodaboda Services; and (b) Bodaboda authorizes for use by a Driver for the purpose of providing Transportation and/or Logistics Services on behalf of Transportation/Logistics Company.
2. Use of the BODABODA Services.
2.1. Driver App IDs. Driver will be issued an Driver App ID for providing Transportation Services to enable Driver to access and use the Driver App on a Device in accordance with this Addendum. 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 Bodaboda of any actual or suspected breach or improper use or disclosure of the Driver App ID or the Driver App.
2.2. 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 Bodaboda 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 Bodaboda mobile application and Driver’s Transportation Services, it is recommended that Driver waits at least twenty (20) minutes for a User to show up at the requested pick-up location. Driver acknowledges and agrees that once he or she has accepted a User’s request for Transportation Services, the Bodaboda 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.
2.3. Driver’s Relationship with Bodaboda. Bodaboda 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 Bodaboda does not control, or purport to control: (a) when or for how long Driver will utilize the Driver App or the Bodaboda 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 Bodaboda then-current cancellation policies. Driver may be deactivated or otherwise restricted from accessing or using the Driver App or the Bodaboda Services in the event of a violation of this Addendum or Transportation/Logistics Company’s violation of the Agreement, or Driver’s or Transportation/Logistics Company’s disparagement of Bodaboda or any of its Affiliates, or Driver’s or Transportation/Logistics Company’s act or omission that causes harm to Bodaboda or any of its Affiliates’ brand, reputation or business as determined by Bodaboda in its sole discretion. Bodaboda also retains the right to deactivate or otherwise restrict Driver from accessing or using the Driver App or the Bodaboda Services for any other reason at the sole and reasonable discretion of Bodaboda. Additionally, Driver acknowledges Bodaboda rights in the Bodaboda family of trademarks and names, including Bodaboda, alone and in combination with other letters, punctuation, words, symbols and/or designs, the Bodaboda Logo (“Bodaboda Marks and Names”). Driver agrees that he or she will not try to register or otherwise claim ownership in any of the Bodaboda Marks and Names, alone or in combination with other letters, punctuation, words, symbols and/or designs, or in any confusingly similar mark or name.
2.4. Ratings.
2.4.1. Driver agrees that: (a) after receiving a request for Logistics/Transportation Services, a User will be prompted by Bodaboda 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.
2.4.2. In order to continue to receive access to the Driver App and the Bodaboda Services, Driver acknowledges that he or she must maintain an average rating by Users that exceeds the minimum average acceptable rating established by Bodaboda for the Territory, as may be updated from time to time by Bodaboda 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), Bodaboda may deactivate such Driver’s access to the Driver App and the Bodaboda 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 Bodaboda 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.
2.4.3. Bodaboda 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 Bodaboda and its Affiliates without attribution to or approval of Driver. Driver acknowledges that Bodaboda and its Affiliates are distributors (without any obligation to verify) and not publishers of Driver and User ratings and comments, provided that Bodaboda 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 Bodaboda or its Affiliates’ content policies.
2.5. Devices. If Driver receives any Bodaboda Device(s), Driver acknowledges that such Device(s): (a) are only to be used for the purposes of enabling Driver’s access to the Bodaboda 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 Bodaboda is not responsible for the acquisition, cost or maintenance of any such Driver- Provided Device(s) or any necessary wireless data plan. Bodaboda 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 Bodaboda Services may consume very large amounts of data through the data plan. Bodaboda advises that Driver-provided Devices only be used under a data plan with unlimited or very high data usage limits, and Bodaboda shall not be responsible or liable for any fees, costs or overage charges associated with any data plan.
2.6. Location Based Services. Driver acknowledges and agrees that his or her geo-location information must be provided to the Bodaboda 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 Bodaboda 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, Bodaboda 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 Bodaboda products and services.
3. 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 Logistics Services. Driver may be deactivated from or otherwise restricted from accessing or using the Driver App or the Bodaboda Services if Driver fails to meet the requirements set forth in this Driver Addendum or if Transportation/Logistics Provider fails to meet the requirements set forth in the Agreement.
4. Modification.
From time to time, Driver may be required to enter into updated versions of this Addendum in order to continue to have access to the Driver App and the Bodaboda Services.
5. Privacy.
Subject to all applicable laws, Bodaboda may provide to a third party any information (including personal data and any Bodaboda 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 Bodaboda or any Affiliate’s sole discretion, by applicable law or regulation; (d) it is necessary, in Bodaboda or any Affiliate’s sole discretion, to protect the safety, rights, property or security of Bodaboda, the Bodaboda Services or any third party; to detect, prevent or otherwise address fraud, security or technical issues; and/or to prevent or stop activity which Bodaboda 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 Bodaboda or any Affiliate’s sole discretion, for insurance or other purposes related to Driver’s ability to qualify, or remain qualified, to use the Bodaboda Services. Driver understands that Bodaboda may retain Driver’s personal data for legal, regulatory, safety and other necessary purposes after this Agreement is terminated. Bodaboda processes personal data (including that referenced in Section 2.6 above) in accordance with its privacy policy located at www.bobdaboda.in .
To participate as a Bodaboda Delivery Driver, you must permit the Bodaboda Delivery Services to access location services through the permission system used by your mobile operating system (“Platform”) or browser. We may collect the precise location of your device when the Bodaboda Rider app is running in the foreground or background of your device. We may also derive your approximate location from your IP address. We use your location information to verify that you are present in your preferred region or city when you begin or engage in a delivery through the Bodaboda Delivery Services (a “Delivery”), connect you with delivery opportunities in your zone, and track the progress and completion of your Deliveries. You can enable the location tracking feature through the settings on your device or Platform or when prompted by the Bodaboda Rider mobile app. If you choose to disable the location feature through the settings on your device or Platform, Bodaboda Delivery Services LLP will not receive precise location information from your device, which will prevent you from being able to work as Bodaboda Delivery Driver and receiving delivery opportunities in your area.
6. 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 Addendum.
7. No Third-Party Beneficiary.
The parties acknowledge that Bodaboda is a third-party beneficiary to this Addendum. Bodaboda 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 Addendum) to enforce the Addendum against Transportation/Logistics Company and Driver as a third-party beneficiary thereof.
By clicking “I accept” on the Bodaboda 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 Addendum; (ii) has had the opportunity to consult with others (including an attorney) regarding this Addendum; (iii) agrees to be bound by the terms and conditions of this Addendum; and (iv) is legally competent to enter into this Addendum.