Boat-Captain’s Terms and Conditions
On the basis of the representations and warranties provided by the Captain, the Company has agreed to list the boat on the Portal to enable the Captain to provide the Services through the Portal in accordance with the terms and conditions as hereinafter provided (“T&Cs”).
GENERAL COVENANTS
The Company will take the booking request and forward it to the Captain through a web & app-based device operating on GPS-GPRS based device.
The Company reserves the right to discontinue or introduce any of the modes of booking boats.
The Captain will have the rights to accept or reject each request for the Service.
The Captain warrants that the information it provides to the Company is accurate and complete. The Company is entitled at all times to verify the information that has been provided.
The Captain will refrain from doing anything which the Company reasonably believes to be disreputable or capable of damaging the Company’s reputation and will comply with all applicable laws of the Republic of India.
In relation to the Portal, the Captain agrees to:
1) Not authorize others to use his account on the Portal;
2) Not assign or otherwise transfer his account to any other person or legal entity;
3) Not use the Portal for unlawful purposes, including but not limited to sending or storing any unlawful material or for fraudulent purposes;
4) not use the Portal to cause nuisance, annoyance or inconvenience;
5) Not impair the proper operation of the network;
6) Not try to harm the Portal in any way;
7) Not copy, or distribute any content on the Portal without written permission from the Company;
8) keep secure and confidential the account password or any identification which the Company may provide to the Captain which allows access to the Portal;
9) Provide the Company with whatever proof of identity the Company may request.
The Company reserves the right to immediately terminate the use of the Portal by the Captain if he does not comply any term and conditions.
PAYMENT TERMS
The Company has the discretion to charge any such fees from the Captain as updated on the Portal from time to time.
The Company charges a convenience fee from the commuters for providing the Services through the Captains. Further, the Captain authorizes the Company to collect the service/travel fee (“Fare”) from the users on behalf of the Captains.
If the Fare is collected in cash by the Captain it will get adjusted against the convenience fee.
REPRESENTATIONS AND WARRANTIES
The Captain and the Company represent that:
They have all requisite power and authority to, deliver and perform the obligations imposed herein;
The execution and performance of the obligations do not and will not violate any provision of any existing agreement, law, rule, regulation, any order or judicial pronouncement which is applicable to each party;
They have not been convicted by any court in India or any other country of any crimes including but not limited to involving moral turpitude.
The Captain hereby represents that:
1) he has the requisite authority or assignment to ride the Boat and there are no restrictions with respect to the use of the Boat that will hinder the Rider from the performance of the Services using the Portal;
2) he has all rights, licenses, and permits as may be required under applicable laws to perform the Service in accordance with these T&Cs;
3) he will hold and keep updated/renewed licenses, insurance and permits necessary for the use of Boat.
4) he will not ride rashly, will follow rules & regulations and all applicable laws during the performance of the Services, not consume liquor/cigarette/bidi, or any other kind of intoxicant while performing the Services and will have and hold a valid riding license and registration/insurance papers for the Boat at all times. The Captain will not take any personal calls except in the event of an emergency, without prejudicing the safety of the Boat and the customer. The Captain will take all calls from the customer and the Company only after stopping the Boat at an appropriate location to take the call. he will provide the services in a courteous and professional manner as reasonably expected by a service provider providing the Services.
5) He will at all times during which he is undertaking the Services, maintain dress, appearance, and hygiene codes.
6) He will perform its obligations with promptness and use reasonable care and skill and in accordance with standards of diligence, care, skill, quality and integrity to be reasonably expected of an experienced and reputable provider of Services;
7) He will perform each pick-up and delivery in the most efficient manner possible and will make best efforts to adhere to the timelines prescribed.
8) He will also ensure the safety of packages is not compromised at the time of delivery.
9) He will not consume any alcoholic beverages or any other intoxicating/banned substances prior to or during the performance of the Services.
RELATIONSHIP BETWEEN THE PARTIES
Independent Contractor: The Captain will operate as and have the status of an independent contractor. The relationship between the Company and the Captain is on a principal-to-principal basis. The Company and the Captain are independent legal entities, and nothing in these T&Cs will be construed to create a partnership, joint venture, an association of persons, agency (disclosed or undisclosed), franchise, sales representative, or employment relationship between the Company and the Captain. It is clarified that the Captain will not have any right to conclude any contract for and / or on the behalf of the Company.
CAPTAIN INFORMATION
CabRiver may collect Captain Information at the time of onboarding of the Captains, to establish the identity of the Captains. CabRiver reserves the right to store, process, access and use the Captain Information for business purposes and needs, background check, verification, marketing, service, development, analytics, research, and any other purpose as CabRiver may deem fit and in accordance with Applicable Law. The Captain hereby expressly consents to such collection and use of Captain Information.
Subject to applicable laws, CabRiver may provide to a third party, governmental agency, judicial body, any Captain Information or information relating to the Captain, if there is a complaint, dispute or conflict, including any accident involving a Captain on one hand and end-consumer, or a third party on the other hand;
“Captain Information” will mean and include any personal data collected from the Captain including know your customer documents with Captain’s bank, copies of valid government-issued boat registration certificate, mobile number, bank account details, boat insurance copy, driving license, identity proof, residence proof, location data, proof of ownership of Captains’ Boat and any other information that CabRiver may deem fit.
CONFIDENTIALITY
1) The Captain will keep confidential all data including customer details, market information, all work products and documents related thereto, the contents of the Portal and will not sell or otherwise make that information available to any third parties. Except as otherwise agreed, the data of customers will be the exclusive property of the Company, and the Captain will not use the same for any purpose or distribute such data in any form or means except for the purpose of providing the Services and other than as permitted by the Company and will keep it confidential at all times.
2) The Captain agrees to indemnify, defend and hold the Company harmless from and against any claim, liability, obligation, loss, damage, deficiency, assessment, judgment, cost or expense (including, without limitation to costs and expenses incurred in preparing and defending against or prosecuting any litigation, claim, action, suit proceeding or demand) of any kind or character, arising out of or in any manner incidental, relating, or attributable to any inaccuracy, breach, or failure by the Captain to perform its obligations under these T&Cs or the applicable laws in relation to performance of the Services.
LIMITATION OF LIABILITY
The Company is not liable to the Captain, for any condition, suitability, quality, merchantability and fitness for any purposes in respect of the Portal or the services provided through the Portal and is not liable for any civil, criminal, tortious, or any other liability, that may accrue as a consequence of the use and access of the Portal.
To the extent permissible under applicable laws, the Company is not liable for any civil, criminal, tortious, or any other liability, that may accrue as a consequence of the breach by the Service Provider of the applicable laws in respect of the use of the Portal or providing the Services; of the terms of the applicable licenses and permits that are issued by the authorities; of the terms of these T&Cs; or of the duty of care the Captain owes to the users of the Portals.
The Company is not responsible for the behaviour, actions or inactions of the Captain, quality of the Boat. Any contract for the provision of Boat is exclusively between the customer and the Captain and the Company is not a party to the same.
All rights not otherwise claimed under these T&Cs or by the Company are hereby reserved. The information contained in this Portal is intended, solely to provide general information for the personal use of the reader, who accepts full responsibility for its use.
The Company does not represent or endorse the accuracy or reliability of any information or advertisement contained on, distributed through, or linked, downloaded or accessed from any of the services contained on the Portal, or the quality of any products, information or other materials displayed, or obtained by you as a result of any product, information or other materials displayed, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the service.
The Captain will not do the following:
license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Portal in any way;
modify or make derivative works based upon the Portal;
Reverse engineer or access the Portal in order to design or build a competitive product or service,
Design or build a product using similar ideas, features, functions or graphics of the Portal, or copy any ideas, features, functions or graphics of the Portal, or launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Portal.
TERM AND TERMINATION
Company is entitled to terminate the contract at all times and with immediate effect (by disabling the Captain’s registration on the Portal and use of the Portal) for:
1) Any violation or breach of any term of these T&Cs; or If the Captain, in the opinion of the Company, misuses the Portal and failure to verify or authenticate Captain Information;
2) Any action or omission by the Captain which can cause legal or contractual liability for CabRiver including but not limited to fraudulent conduct, customer complaints, continuous unsatisfactory reviews by the Restaurant Partners or the Users, misconduct, negligence, and all other actions specifically prohibited under Applicable Law.
3) CabRiver is also at liberty to terminate the contract at their discretion, where, in their opinion, continuance of the services of Captain is detrimental to the business interest of CabRiver due to the acts of the Captains, such as the following:
I. Misbehaviour, rude behaviour with the staff of CabRiver, customers or any other persons associated with the CabRiver.
II. Any acts involving criminal offence punishable under law, including physical assault, threatening any of the staff of CabRiver, person associated with CabRiver and any other persons.
III. Concealment of fact/material information while entering into a contract with CabRiver.
IV. Poor & irregular for work, meetings and failure to abide by the rules/terms of the contract.
V. Drunk while on duty and drunken behaviour.
VI. Commission of fraud/ misappropriation/embezzlement for undue monetary gain, which is against the interest of the CabRiver.
VII. Negligence in performing the duty, causing damage of moveable and immoveable assets of CabRiver, its employees, customers.
VIII. Indulging in spreading content through digital media, social networking sites, or any other form, which could be detrimental to CabRiver’s brand and its image.
IX. Indulging in acts such as creating ruckus/ strike/ or any activity against CabRiver, which could be detrimental to the CabRiver’s brand and its image.
X. Indulging in unauthorized disclosure of confidential information of CabRiver to external agency, person, CabRiver or organization.
XI. Misuse of assets provided by CabRiver and welcome kits, which could be detrimental to the interest of CabRiver’s brand and its image.
XII. Absconding for more than 4 hours with any asset, delivery item, money or any other valuable item belonging to CabRiver, its employees, customers or other staff member(s).
XIII. Failure to abide by any of the rules and guidelines given by CabRiver as part of service quality standards and principles.
XIV. Doing any act unbecoming of a Captain.
XV. In case the background check, whether wholly or partially, is found negative at any point of time during the term of these T&Cs.
The Company is not obliged to give notice of the termination of the contract in advance.
ASSIGNMENT
The Captain may not assign its rights or obligations under these T&Cs without prior written approval of the Company.
AMENDMENT
These T&Cs may be amended from time to time and as and when required, at the discretion of the Company.
SEVERABILITY
If any provision or any part of a provision of these T&Cs is invalid, unenforceable or prohibited by applicable laws of the Republic of India , such provision or part of provision will be severed from these T&Cs and will be considered divisible as to such provision or part thereof and such provision or part thereof will be inoperative and will not be part of the consideration moving between you and the Company hereto and the remainder of these T&Cs will be valid and binding and of like effect as though such provision was not included herein.
INSURANCE
The Company at its sole discretion may insure the Captain against any accident suffered by the Captain during provision of Services by the Captain using the Portal. The Company reserves the right to recover any amount paid by the Company in lieu of the insurance from the Captain.
NOTICES
The Company may give notice by means of a general notice on the Portal, or by electronic mail to your email address on record in the Company’s account information, or by written communication sent by regular mail to the Captain’s address on record in the Company’s account information.
Captain needs to send any notice on at email id:satyamshukla8339@cabriver-com
