MASTER TERMS & CONDITIONS OF SERVICE
SaakSan Technologies Private Limited- Operating the “viaDOTS” Platform
Last Updated: 26-11-2025
1. DEFINITIONS
1.1 For the purposes of this Master Terms of Service
(“Agreement”), and unless the context otherwise requires, the following terms
shall have the meanings assigned to them below. Each defined term may be used
in the singular or plural form and shall include all grammatical variants.
1.2 “Company” shall mean SaakSan Technologies Private Limited,
a company incorporated under the Companies Act, 2013, having its registered
office and corporate office as updated on its official website, which owns,
controls, manages, and operates the viaDOTS Platform.
1.3 “Platform” shall mean collectively and individually the
digital, technological, web-based, mobile application, communication, and
backend systems owned and operated by the Company under the brand “viaDOTS”,
including but not limited to the viaDOTS mobile application, driver partner
application, fleet operator portal, website, backend dashboards, APIs, and any
technology interface through which Users may avail services.
1.4 “User” or “Customer” shall mean any individual, natural
person, corporate entity, association, or group that accesses, uses, registers
on, or interacts with the Platform for booking, scheduling, availing, or
managing transportation services facilitated through the Platform.
1.5 “Fleet Operator” shall mean any individual, partnership firm,
proprietorship, body corporate, or entity that enters into a separate
contractual arrangement with the Company for the supply, provisioning,
deployment, maintenance, or management of commercial vehicles and drivers for
use on the Platform. For clarity, the Company does not engage independent
third-party drivers, and all vehicles and drivers are supplied exclusively
through contracted Fleet Operators.
1.6 “Driver” shall mean any individual engaged, employed,
deployed, or assigned by a Fleet Operator, and not by the Company, for
providing mobility or chauffeur services for bookings made through the
Platform.
1.7 “Service” or “Services” shall mean the technology-based
facilitation services provided by the Company through the Platform, including
the enabling of transportation bookings, customer support, price display, route
planning, trip management, and related ancillary functions. The term explicitly
excludes any transportation, carriage, driving, fleet supply, or logistical
services, which are solely performed by Fleet Operators.
1.8 “Booking Fee” or “Advance Payment” means the amount paid by a
User at the time of booking confirmation, being 30% or 100% of the estimated
fare, as per the Company’s prevailing policies.
1.9 “Applicable Law” shall include the Motor Vehicles Act, 1988,
Motor Vehicle Aggregator Guidelines (if applicable), Consumer Protection Act,
2019, Information Technology Act, 2000, relevant rules, and all Indian laws
enforceable at the time.
1.10 Any term not defined herein shall be interpreted in its
ordinary commercial and legal sense.
2. ACCEPTANCE OF TERMS
2.1 This Agreement constitutes a legally binding contract between
the User and the Company. By accessing, downloading, installing, browsing, or
using the Platform in any manner whatsoever, the User expressly acknowledges
that they have read, understood, and agree to be bound by the terms contained
herein.
2.2 The User further agrees that the Company’s role is limited to
providing a technology platform for the facilitation of transportation bookings
and that the Company does not own, operate, manage, or control the vehicles,
drivers, or fleet operations. By accepting this Agreement, the User
acknowledges that the actual transportation service is provided by Fleet
Operators.
2.3 If at any time the User does not agree with any portion of
this Agreement, the User shall immediately discontinue use of the Platform.
Continued use of the Platform shall constitute reaffirmation of consent.
2.4 The Company reserves the unconditional right to modify, amend,
alter, add to, remove, or replace any portion of this Agreement at any time.
Changes may be communicated through the Platform or via email or notification.
Continued use following such modifications constitutes acceptance of the
updated terms.
2.5 Users represent and warrant that they possess the legal
capacity and competence to enter into this Agreement and that their use of the
Platform does not violate any applicable law, regulation, order, or contractual
prohibition.
2.6 The Company may, from time to time, introduce additional
terms, service-specific conditions, operational policies, manuals, guidelines,
or advisories, which shall be deemed incorporated into this Agreement by
reference.
2.7 Access to certain features may require User verification, KYC,
OTP authentication, or compliance with Company policies. Users agree not to
impersonate others or misuse the Platform.
2.8 This Agreement supersedes all prior representations,
communications, or understandings between the User and the Company with respect
to the subject matter herein.
3. ELIGIBILITY
3.1 The Platform may be used only by individuals who are legally
competent to enter into a contract under Indian law. Persons below eighteen
(18) years of age, persons of unsound mind, and persons disqualified by any law
are not permitted to register or use the Services.
3.2 Users accessing the Platform on behalf of a corporate entity
or organisation represent that they have the authority to bind such entity to
this Agreement. The Company shall not be liable for any misrepresentation of
authority.
3.3 The User shall ensure that their use of the Platform complies
with all applicable laws, including those relating to transportation, booking,
payments, and data usage. The User agrees not to use the Platform for any
unlawful, fraudulent, harmful, or abusive purposes.
3.4 The Company reserves the right to deny access, revoke
accounts, suspend use, restrict features, or blacklist Users who violate this
Agreement or abuse the Platform. Such action may be taken without prior notice
and at the sole discretion of the Company.
3.5 Users must provide accurate, current, and complete information
during registration or booking. Providing false information, impersonation, or
using fraudulent payment methods constitutes a material breach of this
Agreement.
3.6 The Company may, at any time, introduce additional eligibility
criteria, including identity verification, biometric authentication, or any
other measures deemed necessary for security and compliance.
3.7 The Platform is intended only for lawful bookings. Users may
not use the system for stalking, harassment, unauthorised surveillance, or any
activity prohibited under Indian law.
3.8 Users must maintain the confidentiality of their login
credentials and shall be responsible for all activity conducted through their
account. Any suspicious activity must be immediately reported to the Company.
4. SCOPE OF SERVICES & ROLE OF COMPANY
4.1 The User acknowledges that the Platform is a
technology-facilitation service that enables Users to request transportation
services from independent Fleet Operators. The Company acts solely as an
intermediary, providing booking technology, communication interfaces, payment
processing facilitation, and customer support.
4.2 The Company does not own or operate vehicles, employ
drivers, provide transportation, or act as a transport undertaking as defined
under the Motor Vehicles Act, 1988. All transport services are rendered
exclusively by Fleet Operators under independent contracts.
4.3 The Company’s obligations are limited to:
(a) providing the Platform for bookings;
(b) displaying estimated pricing;
(c) relaying User requests to Fleet Operators;
(d) facilitating payment collection and settlement;
(e) offering support mechanisms; and
(f) maintaining platform functionality.
4.4 The Company shall not be deemed to be providing the
transportation service itself. The Company is not responsible for vehicle
condition, driver behaviour, punctuality, safety, lawfulness, or operational
performance. These obligations rest solely with the Fleet Operators.
4.5 The User agrees that the final fulfilment of the trip lies
entirely with the Fleet Operator and its assigned driver. The Company shall not
be liable for delays, cancellations, misconduct, negligence, or violations
committed by drivers or Fleet Operators.
4.6 The Company reserves the right to modify, enhance, suspend, or
discontinue any aspect of the Platform at its sole discretion.
5. ACCOUNT REGISTRATION & USER OBLIGATIONS
5.1 To use the Services, Users may be required to create an
account on the Platform, provide personal details, grant permissions, and
consent to data usage. Users agree to furnish accurate and lawful information.
5.2 Users are responsible for maintaining the confidentiality of
their account credentials. Any unauthorised usage shall be deemed the
responsibility of the User unless reported promptly.
5.3 Users agree not to misuse the Platform, including but not
limited to:
(a) creating multiple fake accounts;
(b) circumventing pricing systems;
(c) engaging in fraudulent bookings;
(d) harassing drivers;
(e) damaging vehicles;
(f) violating operational policies.
5.4 The Company may suspend or terminate accounts involved in
misuse, fraud, chargebacks, abusive behaviour, or other violations.
5.5 Users must cooperate with drivers, act respectfully, comply
with safety rules, and avoid illegal activities during trips.
5.6 The User agrees that the Company may send communications
regarding bookings, safety, marketing, or updates.
6. SERVICE BOOKINGS, CONFIRMATION & PERFORMANCE
6.1 Users may request transportation services through the Platform
by selecting the desired category, vehicle type, date, time, pick-up location,
drop location, and any other service parameters required for processing the
booking. The User acknowledges that submission of a booking request does not,
in itself, constitute confirmation of the booking, and the Company reserves the
right to accept or reject such requests at its sole discretion.
6.2 A booking shall be deemed confirmed only upon the Company
issuing a booking confirmation notification via SMS, email, WhatsApp, or
through the Platform interface. The Company shall transmit the booking details
to the designated Fleet Operator for fulfilment. The User expressly understands
that confirmation is subject to fleet availability, operational conditions,
safety requirements, and compliance with applicable laws.
6.3 The Company may refuse bookings for reasons including but not
limited to:
(a) unavailability of fleet resources;
(b) incomplete or incorrect User information;
(c) suspected fraudulent activity;
(d) operational or safety concerns;
(e) non-payment or payment gateway issues;
(f) prior misconduct by the User.
6.4 Users acknowledge that travel times, arrival times, and
journey durations displayed on the Platform are only estimations based on
prevailing conditions, traffic, and fleet partner inputs. The Company shall not
be liable for any delays, missed flights, missed commitments, or losses arising
due to time variations beyond its control.
6.5 The User agrees that Fleet Operators and drivers may contact
them directly for logistical coordination, including verification of pick-up
location, route optimisation, or confirmation of special requirements.
6.6 In circumstances of overbooking, unexpected fleet breakdowns,
or unavoidable operational disruptions, the Company may transfer the booking to
another available Fleet Operator, modify the booking details, or cancel the
booking. The User shall be notified and may accept the revised arrangement or
cancel without additional charges.
6.7 The Company may record details of all bookings for compliance,
audit, safety, and operational purposes. Users consent to such record-keeping.
6.8 The User acknowledges that fulfilment of the transportation
service is entirely the responsibility of the Fleet Operator and its assigned
driver. The Company’s role is limited to facilitating the booking through the
Platform.
7. PRICING, FARE STRUCTURE & PAYMENTS
7.1 Flat and Transparent Pricing: viaDOTS follows a flat,
pre-declared, transparent pricing model. The fare displayed at the time of
booking constitutes the final price, inclusive of all components expressly
listed therein.
7.2 Non-Applicability of Surge/Variable Pricing: Unlike
dynamic pricing models used in certain industries, viaDOTS does not impose
surge fees, demand-based increases, last-minute fluctuations, or hidden
operational charges unless mandated by statutory authority or required under
extraordinary circumstances.
7.3 Components of Fare: Unless stated otherwise, the fare
may include:
(a) Base fare;
(b) Distance or time-based computation (if applicable);
(c) Toll charges, state entry permits, parking charges—only if included in the
displayed price;
(d) Driver allowance (if applicable for outstation services);
(e) Applicable taxes;
(f) Convenience or platform usage fees (clearly displayed).
7.4 Right to Modify Pricing: SaakSan Technologies Pvt Ltd
reserves the unilateral right to revise, alter, update, or modify the pricing
structure at any time without notice. However, any booking already confirmed
shall be honored at the price displayed at the moment of confirmation.
7.5 Payment Methods: The User may pay using UPI,
credit/debit cards, net banking, wallets, or any other method enabled by the
viaDOTS App. SaakSan may refuse certain payment modes based on fraud detection
or gateway unavailability.
7.6 Payment Processing: All digital payments are processed
by licensed payment aggregators or gateways. SaakSan does not store card
information except to the extent permitted by law or necessary for recurring
payments.
7.7 Disputes & Chargebacks:
(a) If a User raises a dispute over payment, SaakSan may temporarily hold
credits, block account access, or request additional verification.
(b) Chargebacks initiated improperly may lead to immediate suspension of
services.
7.8 Outstanding Dues: Users shall not be permitted to make
new bookings until all pending dues are cleared.
8. BOOKING FEE, ADVANCE PAYMENTS & SETTLEMENTS
8.1 Nature of Booking Fee: The Booking Fee/Advance Payment
constitutes a partial or full payment collected to secure allocation of a Fleet
Partner vehicle. It represents commitment charges and is not a security
deposit.
8.2 When Booking Fee Applies:
(a) Peak operational days, long-distance bookings, high-value rides, chauffeur
special services, and corporate reservations may require a 30% or 100% booking
fee.
(b) SaakSan retains the absolute right to determine whether a booking requires
an advance payment.
8.3 Refundability: Refunds of booking fees are governed
strictly by the Cancellation Policy. The User acknowledges that certain
cancellations may result in forfeiture of the booking fee.
8.4 Adjustment of Advance: For successful rides, the
booking fee shall be adjusted against the final payable fare. Any balance
amount is payable either before or at the end of the ride, depending on the
service category.
8.5 Failure of Payment: If the User fails to pay any
outstanding amount at the end of the ride, SaakSan may block the account,
initiate collection processes, or adjust any wallet balance or credit/refund
owed to the User.
8.6 Discrepancies: In case of disputes regarding booking
fee deduction or non-receipt, the User must report the issue within 24 hours.
SaakSan shall not be liable for delays arising due to gateway processing or
bank handling times.
9. RIDE GUARANTEE & SERVICE ASSURANCE PROGRAM
9.1 Overview.
SaakSan Technologies Private Limited (“Company”) provides a limited,
conditional, and goodwill-based Ride Guarantee & Service Assurance
Program (“Ride Guarantee”) for certain pre-scheduled rides booked through
the viaDOTS Platform (“Platform”). This Ride Guarantee is designed to offer
Users additional confidence when booking time-sensitive rides such as airport
transfers. The Ride Guarantee constitutes a voluntary service commitment and
does not create any form of insurance contract, indemnity contract, or
statutory liability unless expressly provided herein.
9.2 Eligibility.
The Ride Guarantee applies only to:
(a) pre-scheduled rides booked at least four (4) hours prior to pick-up time;
(b) rides where complete and accurate booking details were provided by the
User;
(c) rides not impacted by force majeure events, traffic disruptions, law
enforcement restrictions, or incorrect pick-up information;
(d) rides where the User was present at the designated pick-up point at the
scheduled time.
9.3 Cab Not Assigned Guarantee.
In the event the Platform fails to assign a cab to the User’s scheduled booking
before the pickup time, and such failure is not attributable to the User’s
actions, misinformation, or changes to the booking, the User shall be entitled
to:
(a) Full Refund of any amount paid towards the booking; and
(b) ₹300 viaCASH credit as a goodwill compensation.
The viaCASH credit is non-withdrawable, non-cashable, and may be redeemed only
for future bookings on the Platform.
9.4 Cab Delay Resulting in Missed Flight.
If a cab assigned by the Platform is delayed due to reasons solely attributable
to the Driver or Fleet Partner, and such delay results in the User missing a
scheduled flight, the User shall be entitled to:
(a) Full Refund of the booking amount; and
(b) Flight reimbursement up to ₹5,000, upon submission of valid documentary
proof including confirmed flight ticket, boarding pass (if applicable),
denial-of-check-in proof, and evidence establishing the causal link between the
cab delay and the missed flight.
The Company retains the right to independently verify the claim, including
route timelines, GPS logs, and trip data.
9.5 Driver No-Show Resulting in Missed Flight.
If the assigned Driver fails to report to the pick-up location (“No-Show”)
despite confirmation of assignment, and such failure results in the User
missing their scheduled flight, the User shall be entitled to:
(a) Full Refund of the booking amount;
(b) ₹300 viaCASH credit as goodwill compensation; and
(c) Flight reimbursement up to ₹5,000, subject to documentation as described
under Clause 25.4(b).
Driver No-Show shall be established based on Platform logs, GPS data, driver
communication records, and the Company’s internal verification protocols.
9.6 Exclusions.
The Ride Guarantee shall not apply where the missed flight or inconvenience
arises due to:
(a) User delay, incorrect address, or failure to be present at pick-up;
(b) traffic congestion, road closures, accidents, weather conditions, police
checks, or other external factors outside the Company’s control;
(c) rides impacted by Force Majeure events (as defined in Clause 22);
(d) User-initiated ride modifications, last-minute changes, or incorrect
selection of pick-up time;
(e) non-airport rides unless expressly specified as eligible.
9.7 Claim Submission.
Claims under the Ride Guarantee must be submitted within 24 hours of the
scheduled ride time, along with supporting evidence. Claims submitted beyond
the stipulated period may be rejected.
9.8 Final Decision.
All Ride Guarantee claims are subject to verification and the sole discretion
of the Company. The Company may approve, partially approve, or reject claims
based on available data and internal policies. The Company’s decision shall be
final and binding.
9.9 Non-Insurance Nature.
The User acknowledges that the Ride Guarantee is a voluntary service benefit
and does not constitute an insurance product, nor does it create any statutory
or financial obligation beyond what is expressly stated. The guarantee does not
cover consequential, special, or incidental losses other than the capped
reimbursement mentioned herein.
10. CANCELLATION, NO-SHOWS & REFUNDS
10.1 User-Initiated Cancellations:
(a) Cancellation up to 1 hour before start time: Full refund of booking
fee or advance paid.
(b) Cancellation within 1 hour prior to pick-up time: No Refund.
(c) Cancellation after vehicle dispatch, driver arrival, or during
ride: No Refund.
10.2 Driver/Partner No-Show: If the Fleet Partner vehicle
fails to arrive, the User shall receive a full refund of the booking fee and
may be offered alternative arrangements subject to availability.
10.3 SaakSan-Initiated Cancellations: In case of
cancellations caused by operational, technical, safety, compliance, weather, or
force-majeure reasons, SaakSan shall refund the booking fee.
10.4 Refund Timelines: Refunds may take between 3–10
working days depending on the payment gateway and bank processing speed.
10.5 No-Show by User: A User shall be treated as a no-show
if they fail to arrive within 10 minutes of driver arrival at the pick-up
point. No-show instances result in no refund.
10.6 System Errors: In case a cancellation occurs due to
system glitch, the User may be compensated only at the discretion of SaakSan.
Compensation shall never exceed the booking fee amount.
11. FLEET OPERATORS, DRIVER TERMS & COMPANY’S LIMITED ROLE
11.1 Users acknowledge that the Company operates exclusively
through Fleet Operators who supply vehicles and drivers. The Company does not
directly employ drivers nor own the vehicles.
11.2 Fleet Operators are independent contractual partners who are
responsible for:
(a) vehicle maintenance;
(b) driver hiring, verification, and compliance;
(c) insurance coverage;
(d) statutory permits;
(e) ensuring service quality.
11.3 Drivers are employees or personnel of the Fleet Operator
alone. The Company does not control driver behaviour, driving performance,
compliance, or punctuality.
11.4 Any misconduct, disputes, damages, or service deficiencies
arising from the actions of Fleet Operators or drivers shall be addressed
directly with the Fleet Operator. The Company may assist in mediation but bears
no liability.
11.5 Users shall treat drivers respectfully and avoid abusive
behaviour, discrimination, unlawful requests, or endangering the vehicle.
11.6 The Company may suspend Fleet Operators or drivers for breach
of standards but is not liable for their operational failures.
12. BOOKING MECHANISM AND RIDE CONFIRMATION
12.1 Booking Request: The User may request transportation
or concierge services via the viaDOTS App by selecting the required vehicle
category, service type, pick-up location, destination, scheduled time (if
applicable), and any optional preferences permitted under the App. Each booking
request constitutes an “Offer” submitted by the User to SaakSan Technologies
Pvt Ltd for allocation of a Fleet Partner Vehicle.
12.2 Screening of Request: SaakSan Technologies Pvt Ltd
shall not be obligated to accept any booking request. Acceptance shall be
subject to (a) availability of Fleet Partner Vehicles; (b) operational
feasibility; (c) security, compliance or risk assessments; and (d) correctness of
details provided by the User.
12.3 Booking Confirmation: A booking shall be considered
“Confirmed” only upon issuance of an in-app confirmation message, SMS, push
notification, WhatsApp message, or email generated automatically by the viaDOTS
system. Until such confirmation is issued, SaakSan shall have no contractual
or statutory obligation to provide services.
12.4 Advance Payment / Booking Fee:
(a) SaakSan may, at its sole discretion, require Users to pay either 30%
or 100% of the ride fare as a booking fee to secure service allocation.
(b) All booking fees shall be governed by the Booking Fee Clause and Cancellation
Policy incorporated herein by reference.
(c) The booking shall not be considered “Successful” unless the payment gateway
confirms receipt of the required advance amount.
12.5 Ride Allocation to Fleet Partner: Upon confirmation,
SaakSan shall assign the ride to a Fleet Partner who shall provide a vehicle
and driver for execution. The User understands and agrees that SaakSan does not
own, employ, or directly operate vehicles or drivers; all such operations are
executed solely by independently contracted Fleet Partners.
12.6 Right to Reassign or Cancel: SaakSan may reassign a
booking to another Fleet Partner or cancel a booking due to vehicle
unavailability, operational issues, safety concerns, breakdowns, or
non-compliance of User details. In such scenarios, the User shall receive a
refund of the booking fee strictly in accordance with the Cancellation and
Refund Policy.
12.7 The User acknowledges that booking confirmation does not
guarantee uninterrupted performance, nor does it establish any
employer-employee relationship between SaakSan and any Fleet Partner driver.
13. VEHICLE ASSIGNMENT, DRIVER DETAILS & PARTNER OPERATIONS
13.1 Fleet Partner Operated Vehicles: All rides on the
viaDOTS network are fulfilled exclusively by Fleet Partners—Business Entities,
Fleet Owners, or Corporate Operators—who maintain, own, lease, or manage the
vehicles used for providing services. SaakSan Technologies Pvt Ltd does not
operate as a fleet operator, taxi service operator, or transport undertaking
under any applicable motor vehicle legislation.
13.2 Driver Personnel: Drivers assigned to vehicles are
employees or contractors of the Fleet Partner. SaakSan does not employ,
supervise, or control driver conduct beyond platform compliance requirements.
The Fleet Partner is solely responsible for:
(a) background verification;
(b) compliance with licensing and permit requirements;
(c) adherence to safety laws and transport regulations;
(d) health, discipline, and conduct standards of the driver.
13.3 Vehicle Standards: Fleet Partners shall ensure their
vehicles comply with applicable Motor Vehicles Act provisions, insurance
requirements, fuel/emissions norms, seating capacity regulations, and periodic
fitness certification. SaakSan shall not be held liable for any deficiency in
vehicle condition or maintenance carried out by the Fleet Partner.
13.4 Driver Information Disclosure: Upon assignment of a
vehicle, SaakSan may provide the User with details such as vehicle number,
driver name, contact details, estimated arrival time, and vehicle type. Such
disclosure is for convenience only and does not constitute an obligation of
continuous monitoring or supervision of driver performance.
13.5 Substitution: SaakSan reserves the right to substitute
the assigned vehicle or driver due to operational exigencies, safety
considerations, partner constraints, or force-majeure events. Such substitution
shall not be considered a breach of service obligations.
13.6 Conduct & Safety:
(a) Drivers are expected to adhere to basic standards of courtesy and follow
lawful instructions related to the trip.
(b) The driver may refuse service if the User is intoxicated, abusive, unsafe,
carrying hazardous goods, or attempting illegal activities.
(c) SaakSan retains the right to permanently block or suspend a User account
for misconduct.
13.7 SaakSan shall not be liable for acts or omissions of Fleet
Partners or drivers beyond the limited platform obligations specified herein.
14. USER RESPONSIBILITIES & CONDUCT OBLIGATIONS
14.1 General Duty of Compliance: The User agrees to use the
viaDOTS App and Services strictly in accordance with applicable laws, these
Terms of Service, platform instructions, and reasonable directions issued by
SaakSan Technologies Pvt Ltd (“SaakSan”) or any Fleet Partner personnel. By
accessing the Service, the User affirms that all information
furnished—including identity details, pick-up addresses, contact numbers, and
payment information—is accurate, current, and not misleading. SaakSan shall not
be liable for operational delays, misrouting, or cancellations arising due to
inaccurate User inputs.
14.2 Behavioural Expectations: The User shall behave in a
manner consistent with public safety, courtesy, and respect for drivers, Fleet
Partners, vehicles, and property. Abuse, threats, harassment, intimidation,
discriminatory speech, unlawful conduct, or creating a hostile environment for
any driver or other passengers shall constitute a material breach of these
Terms and may result in suspension or permanent termination of User access.
14.3 Proper Use of the Vehicle: The User shall not damage,
soil, vandalise, or misuse the Fleet Partner’s vehicle. Smoking, consumption of
intoxicants, carrying hazardous substances, or engaging in any activity
prohibited under the Motor Vehicles Act or local regulations is strictly forbidden.
Any damage caused to the vehicle due to negligence, misconduct, or intentional
actions by the User shall be fully recoverable by SaakSan on behalf of the
Fleet Partner, including cleaning costs, repair costs, and downtime losses.
14.4 Communication with Driver: All communication with the
assigned driver must be professional and limited to matters necessary for the
ride. Unsolicited personal questions, inappropriate messages, or attempts to
engage the driver outside the bounds of the service are strictly prohibited.
SaakSan may review communication logs where permitted under law to investigate
safety incidents.
14.5 Responsibility for Co-Passengers: If the User books a
ride for multiple passengers or minors, the User remains responsible for
ensuring that all accompanying persons comply with these Terms. Children must
use appropriate seating arrangements as required under law, and SaakSan or the
Fleet Partner may refuse service if safety compliance is not ensured.
14.6 Account Security: The User must maintain the
confidentiality of their viaDOTS account credentials. Unauthorized usage of the
account, sharing OTPs, or granting third-party access is strictly prohibited.
SaakSan shall not be liable for any loss arising from unauthorized account
activity due to User negligence.
14.7 Consequences of Breach: SaakSan may suspend or
terminate access, initiate legal action, block future rides, or recover
operational costs arising due to any breach of User responsibilities, without
prejudice to any other rights available under law.
15. USER SAFETY OBLIGATIONS & PERSONAL RISK ACKNOWLEDGMENT
15.1 Safety as Shared Responsibility: While SaakSan and its
Fleet Partners implement reasonable safety protocols—including driver
verification, vehicle fitness checks, GPS-based tracking, and in-app reporting
tools—the User acknowledges that safety is a shared responsibility. The User
must take reasonable precautions during every ride to ensure their personal
safety.
15.2 Verification at Pick-up: Before boarding a vehicle,
the User must verify:
(a) the vehicle registration number,
(b) the driver’s identity as displayed on the App, and
(c) the match between the in-app details and the physical vehicle.
If the details do not match, the User must refuse boarding and immediately
report the discrepancy via the App or customer support.
15.3 Use of Safety Features: The User is encouraged to
utilize in-app safety features such as emergency contacts, trip-sharing, SOS
buttons, and real-time tracking. Failure to use these features shall not impose
liability on SaakSan.
15.4 Personal Items & Luggage: The User is solely
responsible for securing their belongings and ensuring luggage is safe to
transport. Items that are oversized, illegal, hazardous, flammable, or damaging
to the vehicle shall not be permitted. SaakSan shall not be liable for loss,
theft, or damage to personal property left behind in vehicles.
15.5 Prohibited Conduct During Ride: Users shall not:
• distract the driver,
• force the driver to violate traffic laws,
• request unsafe manoeuvres,
• engage in violence,
• attempt to modify routes against the driver’s judgment of safety,
• consume alcohol or drugs inside the vehicle,
• lean out of windows, or
• overload the vehicle beyond permissible seating capacity.
15.6 Medical Conditions: The User acknowledges that drivers
are not medically trained personnel. If the User has medical conditions
requiring supervision, they must arrange necessary assistance independently.
SaakSan shall not bear responsibility for medical emergencies, except to the
extent of contacting emergency services when notified.
15.7 Assumption of Risk: Travel on public roads inherently
involves risks including accidents, delays, traffic incidents, and third-party
conduct. By using the Service, the User expressly acknowledges these risks and
agrees that SaakSan shall not be held liable for any incidents not directly
attributable to its negligence or statutory failure.
16. PROHIBITED USES OF THE PLATFORM & SERVICES
16.1 General Prohibition: The User shall not use the
viaDOTS App or Services for any unlawful, harmful, fraudulent, abusive, or
unauthorized purpose. SaakSan reserves the right to investigate violations,
suspend accounts, report misconduct to authorities, and pursue legal remedies.
16.2 Fraudulent or Illegal Activities: The User is strictly
prohibited from:
(a) using the Service to facilitate illegal trade, trafficking, or carriage of
banned items;
(b) fabricating booking requests;
(c) manipulating prices or attempting to circumvent the platform;
(d) using stolen, unauthorized, or fraudulent payment instruments;
(e) creating fake accounts or misrepresenting identity;
(f) interfering with App functionality or attempting to reverse-engineer
platform systems.
16.3 Technological Misuse: Users may not engage in:
• hacking, scraping, crawling, or data mining,
• unauthorized automated systems, bots, or scripts,
• attempts to bypass geo-fencing, location verification, or app restrictions,
• tampering with GPS signals or ride-tracking data,
• distributing malware or harmful code,
• accessing back-end systems, APIs, servers, or internal data.
16.4 Misuse of Driver or Fleet Partner Information: The
User shall not:
• store, collect, sell, publish, or misuse driver details,
• harass or stalk drivers,
• attempt to contact drivers outside the scope of a trip,
• solicit services privately, thereby bypassing viaDOTS.
Such conduct amounts to breach of confidentiality and may result in civil and
criminal consequences.
16.5 Unauthorised Commercial Activity: The User may not
resell rides, use viaDOTS for logistical freight without authorization, or
employ the App for courier-like operations unless expressly permitted.
16.6 Moral, Safety & Public Order Violations:
Activities that endanger public safety, promote violence, involve obscene
behavior, or disrupt the peace are strictly prohibited.
16.7 Consequences: Violations may lead to:
• immediate termination of User account,
• forfeiture of booking fees or credits,
• reporting to law enforcement,
• initiation of civil claims for damages,
• permanent blacklisting on the platform.
17. FLEET PARTNER RELATIONSHIP, STATUS & GENERAL OBLIGATIONS
17.1 Independent Contractor Status: All Fleet Partners
associated with the viaDOTS platform operate strictly as independent
third-party entities. Nothing in these Terms shall be construed to create
an employer–employee, principal–agent, partnership, or joint venture
relationship between SaakSan Technologies Pvt Ltd (“SaakSan”) and any Fleet
Partner or driver. Fleet Partners retain full and exclusive control over the
operation, management, and employment of drivers, including hiring, training,
supervision, and disciplinary matters. SaakSan’s role is limited to
facilitating digital connectivity between Users and Fleet Partners through the
viaDOTS App.
17.2 Obligation to Maintain Professional Standards: Fleet
Partners shall ensure that all services delivered through the viaDOTS platform
adhere to professional, ethical, and operational standards consistent with
passenger safety, public comfort, regulatory compliance, and industry norms.
Fleet Partners are obligated to honor confirmed bookings in a timely manner,
deploy vehicles and drivers that meet quality guidelines, and respond promptly
to operational notifications issued by the viaDOTS system.
17.3 Responsibility for Operational Decisions: Fleet
Partners remain solely responsible for route choices, vehicle dispatch systems,
driver assignment mechanisms, operational planning, and execution of all
transportation services. SaakSan does not direct or supervise the actual
conduct of transportation, nor does it impose mandatory routes or driving
decisions.
17.4 Commercial Autonomy: Fleet Partners have the freedom
to determine operational methods and may manage multiple fleets or provide
services through other platforms or clients, provided such activities do not
conflict with obligations owed to viaDOTS or compromise passenger safety.
17.5 Compliance with Platform Standards: Fleet Partners
agree to comply with all platform policies including safety protocol updates,
driver behavior guidelines, mandatory equipment requirements, communication
standards, and digital system integrations. Non-compliance may lead to
suspension, delisting, or termination from the platform at the discretion of
SaakSan.
17.6 Liability for Fleet Partner Conduct: Fleet Partners
acknowledge that SaakSan is not liable for any operational lapses, safety
violations, negligence, misconduct, or unlawful actions committed by drivers or
by the Fleet Partner’s organization. Fleet Partners bear full responsibility
for harm caused to passengers, drivers, or third parties arising from their
operations.
18. VEHICLE STANDARDS, MAINTENANCE & DOCUMENTATION
REQUIREMENTS
18.1 Vehicle Ownership & Control: All vehicles deployed
on viaDOTS must be owned, leased, or legally controlled by the Fleet Partner.
Fleet Partners are responsible for ensuring that vehicles are roadworthy,
legally compliant, and maintained at the highest safety and cleanliness standards
applicable to commercial passenger transportation in India.
18.2 Mandatory Documentation: Fleet Partners must ensure
that each vehicle possesses valid and updated documents, including but not
limited to:
(a) Registration Certificate (RC),
(b) Commercial fitness certificate,
(c) State or national transport permits,
(d) Passenger vehicle insurance policies with comprehensive and third-party
coverage,
(e) Pollution under Control (PUC) certificate,
(f) Any additional local authority permissions applicable to the vehicle class.
Failure to update or renew documentation can result in immediate suspension of
the vehicle from the platform.
18.3 Vehicle Condition Standards: Vehicles must be free
from mechanical defects, cosmetic damage, foul odour, unhygienic interiors,
dysfunctional safety equipment, or worn-out tires. Air conditioning must be
functional unless explicitly permitted for certain vehicle categories. The interiors
must be clean, seat belts must be operational, and the car must meet minimum
comfort standards defined by SaakSan.
18.4 Periodic Inspections: SaakSan reserves the right to
conduct audits, digital inspections, or physical verifications of vehicles
deployed on the platform. Fleet Partners are obligated to cooperate in such
inspections and provide records of maintenance schedules, mileage logs, and
servicing history.
18.5 Equipment Requirements: Vehicles must possess all
equipment legally required under the Motor Vehicles Act and rules thereunder,
including first-aid kits, fire extinguishers (if mandated), reflectors, hazard
signage, and functional GPS devices. SaakSan may impose additional platform-specific
equipment requirements from time to time.
18.6 Prohibition of Unauthorized Modifications: Fleet
Partners may not deploy vehicles with unauthorized modifications, aftermarket
structural changes, tinted glass beyond legal limits, or cosmetic alterations
that compromise safety or violate motor vehicle norms.
18.7 Liability for Non-Compliance: If any vehicle’s
non-compliance results in fines, penalties, operational disruption, or rider
harm, the Fleet Partner shall bear full responsibility for such consequences
and indemnify SaakSan accordingly.
19. DRIVER QUALIFICATION, SCREENING, BEHAVIOUR & PERFORMANCE
REQUIREMENTS
19.1 Driver Employment: All drivers associated with viaDOTS
services must be legally employed or contracted by the Fleet Partner. SaakSan
does not engage in driver recruitment, employment verification, salary
payments, or driver supervision beyond platform-level eligibility checks.
19.2 Mandatory Verification: Fleet Partners must ensure
drivers have undergone:
(a) background checks,
(b) police verification,
(c) driver’s license validation,
(d) commercial driving competency assessment,
(e) behavioural screening.
Documents must be submitted to SaakSan for compliance review.
19.3 Licensing Requirements: Drivers must hold valid
commercial driving licences, transport badges (where applicable), and any
mandatory local authority permits required for passenger operations. Fleet
Partners must ensure that no driver with an expired or suspended licence is
assigned to any viaDOTS booking.
19.4 Driver Conduct & Behaviour: Drivers must:
• behave courteously,
• follow all traffic laws,
• comply with platform instructions,
• maintain hygiene and personal grooming,
• refrain from engaging in harassment, discrimination, or abusive behaviour.
The driver must not demand additional fares, force route deviations without
reasonable cause, cancel rides without valid reason, or engage in arguments
with passengers.
19.5 Training Requirements: Fleet Partners are responsible
for providing drivers with adequate training on:
• safe driving practices,
• customer interaction protocols,
• emergency procedures,
• use of the viaDOTS driver interface,
• digital payment methods,
• vehicle sanitization standards.
SaakSan may recommend periodic refresher programs and reserve the right to
mandate certain modules.
19.6 Drug & Alcohol Policy: Drivers must not consume
alcohol, narcotics, or intoxicants at any point before or during duty. Fleet
Partners shall maintain strict enforcement policies and suspend any driver
found violating substance regulations.
19.7 Suspension & Delisting: SaakSan may delist or
block drivers based on repeated complaints, safety concerns, violations, or
refusal to comply with mandatory policies. Fleet Partners must ensure immediate
replacement of delisted drivers and shall not deploy them for any service until
reinstated.
20. COMPLIANCE WITH LAWS, REGULATIONS & PERMIT OBLIGATIONS
20.1 Statutory Compliance: Fleet Partners must comply with
all applicable laws, including:
• Motor Vehicles Act and Rules,
• State Transport Authority regulations,
• Labor laws,
• Insurance and liability norms,
• Environmental regulations,
• Data privacy rules (if handling passenger information),
• Minimum wage and employment standards for drivers.
20.2 Permit Zone Restrictions: Fleet Partners must ensure
vehicles operate only in territories where permits are valid. Cross-border or
inter-state trips may require additional permits, tolls, or compliance checks,
which Fleet Partners must obtain before commencing service.
20.3 Traffic Law Compliance: Drivers must comply with speed
limits, road safety rules, seatbelt enforcement requirements, and local traffic
regulations. Fleet Partners shall bear responsibility for fines, penalties, or
offences committed by drivers.
20.4 Taxation Obligations: Fleet Partners are responsible
for all applicable taxes, including GST compliance, TDS obligations (if
applicable), income tax filings, and other statutory dues. SaakSan shall not be
responsible for any tax liabilities arising from Fleet Partner earnings.
20.5 Insurance Requirements: Fleet Partners must ensure
that vehicles maintain valid commercial motor insurance policies covering
third-party liability, passenger injury, driver safety, and vehicle damage.
Failure to maintain adequate insurance may result in suspension from the platform.
20.6 Cooperation with Authorities: Fleet Partners must
cooperate fully with law enforcement agencies, transport authorities, and
regulatory bodies in case of investigations, accidents, disputes, or compliance
checks. SaakSan may share relevant data with authorities in accordance with law.
20.7 Consequences of Non-Compliance: If a Fleet Partner
violates any regulatory requirement, SaakSan may suspend or terminate access,
impose penalties, block vehicle listings, or pursue indemnification for losses
incurred.
21. LIMITATION OF LIABILITY OF SAAKSAN TECHNOLOGIES PRIVATE
LIMITED
21.1 General Limitation: To the maximum extent permitted
under applicable Indian laws, SaakSan Technologies Pvt Ltd (“SaakSan”) shall
not be liable for any loss, damage, injury, claim, or expense of any
nature—whether direct, indirect, incidental, punitive, exemplary, special, or
consequential—that arises from or relates to the User’s use of the viaDOTS
Platform, except where such loss is directly and solely attributable to
SaakSan’s proven negligence or wilful misconduct.
21.2 Platform as an Intermediary: The User expressly
acknowledges that viaDOTS operates solely as a technology intermediary as
defined under the Information Technology Act, 2000. SaakSan does not control,
manage, or operate any transport vehicles. SaakSan does not employ drivers nor
supervise transportation operations in real-time. Therefore, SaakSan shall not
be responsible for:
(a) route selection;
(b) delays caused by traffic, strikes, or public events;
(c) force majeure events;
(d) acts or omissions of Fleet Partners;
(e) accident-related injuries unless caused solely by platform malfunction.
21.3 Exclusions: SaakSan shall not be liable for any:
• loss of profits, revenue, or business opportunities;
• emotional distress, harassment, or discomfort caused by a driver or third
party;
• theft, loss, or damage to personal property left in vehicles;
• delays, cancellations, or failures arising due to incorrect input provided by
the User;
• unauthorized access to the User’s account caused by password or OTP
negligence.
21.4 Service Interruptions: SaakSan does not guarantee
uninterrupted availability of the App, as downtime may occur due to
maintenance, outages, cyber incidents, regulatory restrictions, or events
beyond its control. SaakSan shall not be liable for any losses incurred due to
such interruptions.
21.5 Cap on Liability: Where liability cannot be fully
excluded, SaakSan’s total aggregate liability for any claim shall not exceed the
total fare or ₹5,000, whichever is lower, for the specific ride in
question.
21.6 User Responsibility: Users acknowledge that they
assume reasonable risks associated with travel on public roads and agree that
SaakSan shall not be treated as a transportation provider for the purpose of
imposing civil, criminal, or statutory liability arising from accidents.
24. FLEET PARTNER LIABILITY & RESPONSIBILITIES
24.1 Primary Responsibility: Fleet Partners shall be directly
and exclusively liable for all operational, legal, financial, and safety
responsibilities arising from the transportation services provided to Users
through the viaDOTS App. This includes the conduct of drivers, vehicle
condition, regulatory compliance, passenger safety, and resolution of disputes
or claims.
24.2 Legal Compliance Liability: Fleet Partners shall bear
liability for violations of transport laws, permit conditions, commercial
driving rules, employment laws, environmental regulations, and tax obligations.
SaakSan shall not be responsible for any penalties, fines, or legal actions
arising from non-compliance by Fleet Partners.
24.3 Operational Risks: Fleet Partners shall be liable for:
(a) accidents or collisions;
(b) passenger injury or death;
(c) property loss or damage;
(d) fire incidents;
(e) breakdown-related delays;
(f) reckless or negligent driving;
(g) violations of speed limits or traffic laws;
(h) overcharging or illegal demands made by drivers;
(i) misuse of passenger information.
24.4 Driver Misconduct: Fleet Partners assume full
financial and legal liability for any misconduct, assault, abuse, harassment,
or unlawful act committed by drivers employed or contracted by them. SaakSan
may cooperate with law enforcement in such cases but shall not be deemed
responsible.
25.5 Dispute Handling: Fleet Partners must resolve User
complaints relating to service quality, driver behaviour, loss or damage
claims, or billing discrepancies. SaakSan may assist, but primary liability
remains with the Fleet Partner.
24.6 Reimbursement to SaakSan: Fleet Partners shall
reimburse SaakSan for any claims, penalties, legal fees, or losses incurred due
to the Fleet Partner’s negligence, regulatory violations, or breach of
contract.
24.7 Suspension for Non-Compliance: SaakSan may suspend a
Fleet Partner from the platform if it reasonably believes that continued
operations may pose safety risks or lead to legal liabilities.
25. USER LIABILITY FOR MISCONDUCT, DAMAGE & VIOLATIONS
25.1 Liability for Damage to Vehicle: Users shall be liable
for damage caused to the Fleet Partner’s vehicle resulting from negligence,
misconduct, vandalism, spillage, smoking, or intentional actions. Damage may
include broken parts, stains, burns, contamination, missing accessories, or structural
harm.
25.2 Charges Recoverable: The User may be charged for:
(a) repair costs;
(b) special cleaning charges;
(c) downtime for vehicle unavailability;
(d) reimbursement of fines caused by the User;
(e) compensation for loss of income to Fleet Partners.
25.3 Misuse of Platform or Fraud: Users shall be liable for
losses caused to SaakSan or Fleet Partners due to:
• fraudulent bookings,
• fake accounts,
• misuse of offers,
• unauthorized cancellations,
• manipulation of app features,
• misuse of corporate accounts.
25.4 Harassment & Misconduct: Users shall be
responsible for any consequences arising from harassment, verbal abuse,
threatening behaviour, intoxication, or acts compromising driver safety.
SaakSan may impose penalties, block accounts, or report incidents to
authorities.
25.5 Breach of Law: Any criminal activity committed by
Users—such as carrying illegal substances, violating local laws, or attempting
to engage drivers in unlawful transport—shall result in immediate suspension
and referral to authorities.
25.6 Payment-Related Liability: Users are liable for any
platform charges, tolls, surcharges, or cancellation fees applicable to their
bookings. Failure to pay outstanding dues may result in account suspension,
collection actions, or legal proceedings.
25.7 Shared Liability: If a User allows other passengers to
travel under the booking, the User shall assume liability for their conduct and
compliance. Misconduct by co-passengers shall be imputed to the User.
26. INDEMNIFICATION OBLIGATIONS (USER, FLEET PARTNER, DRIVER)
26.1 General Indemnity: Users and Fleet Partners
collectively agree to indemnify, defend, and hold harmless SaakSan and its
directors, officers, employees, and affiliates from any claims, damages,
penalties, liabilities, legal costs, or expenses arising from:
(a) breach of these Terms;
(b) violation of laws;
(c) misconduct;
(d) misuse of the platform;
(e) injury or damage to third parties;
(f) contractual disputes;
(g) negligence or wrongful acts.
26.2 User-Specific Indemnity: Users shall indemnify SaakSan
for:
• passenger misconduct,
• property damage,
• fraudulent cancellations,
• non-payment of fares,
• misuse of safety features,
• illegal transport of contraband,
• breach of identity or data-sharing policies.
26.3 Fleet Partner Indemnity: Fleet Partners shall
indemnify SaakSan for:
• driver misconduct,
• accidents and liability claims,
• permit or compliance violations,
• insurance lapses,
• operational failures,
• employment disputes with drivers,
• misrepresentation of documents,
• breach of duty of care.
26.4 Defense & Cooperation: Indemnifying parties must
promptly notify SaakSan of claims, cooperate with legal processes, and
reimburse litigation expenses. SaakSan may assume exclusive defense control
when necessary.
26.5 Survival: Indemnity obligations shall survive
termination of the User’s or Fleet Partner’s access to the platform.
27. INSURANCE REQUIREMENTS & RISK COVERAGE
27.1 Primary Insurance Responsibility: Fleet Partners must
maintain valid and updated commercial motor insurance for all vehicles,
covering:
(a) third-party liability,
(b) passenger injury,
(c) driver coverage,
(d) vehicle damage,
(e) public liability.
27.2 User-Related Incidents: Insurance claims arising from
accidents, medical injuries, or property damage suffered by Users shall be
directed to the relevant Fleet Partner’s insurer. SaakSan shall not be liable
for delays or disputes with insurers.
27.3 Driver Insurance: Fleet Partners must ensure their
drivers are covered under appropriate insurance policies, including personal
accident insurance as mandated under law.
27.4 Platform-Level Insurance (If Provided): At its
discretion, SaakSan may maintain additional insurance coverages for technology,
data, property, or general liability. These are not substitutes for mandatory
Fleet Partner insurance.
27.5 Risk Coverage Limitations: Insurance shall not cover
events such as:
• unlawful passenger behavior,
• intoxicated misconduct,
• loss of user belongings,
• force majeure events,
• non-compliance by Fleet Partners.
27.6 Proof of Insurance: Fleet Partners must provide
insurance copies to SaakSan during onboarding and upon renewal. Non-compliance
may result in immediate suspension.
27.7 Claims Handling:
• SaakSan may assist Users in contacting insurers but is not responsible for
claim outcomes.
• All claim decisions lie solely with insurers.
27.8 Fleet Partner Liability for Lapses: Failure to
maintain required insurance shall make the Fleet Partner directly liable for
all accident-related claims.
28. DATA PROTECTION & PRIVACY OBLIGATIONS
28.1 General Commitment.
SaakSan Technologies Private Limited (“Company”) affirms its firm and
unequivocal commitment to protecting the privacy, confidentiality, and security
of all information provided by Users, Fleet Partners, Drivers, and other
stakeholders who access, install, or utilise the viaDOTS Platform (“Platform”).
The Company acknowledges the importance of maintaining privacy in an
increasingly data-driven environment and recognises that the responsible
collection, processing, retention, and deletion of data is essential for
preserving trust and complying with the legal and regulatory obligations
applicable in India, including the Information Technology Act, 2000, and the
Digital Personal Data Protection Act, 2023 (“DPDPA 2023”), to the extent enforceable.
28.2 Data Collected.
The Platform may collect and process a variety of personal and non-personal
data, including but not limited to: name, mobile number, email ID, gender, age
(where applicable), payment-related metadata, GPS location, device identifiers,
ride history, booking details, interaction logs, in-app communication content,
emergency contacts, identity documents (where required for KYC), audio
recordings (if enabled), communication metadata, and such other information
necessary for providing the Services. The User expressly consents to such
collection and processing as a condition of using the Platform.
28.3 Purpose of Processing.
Data may be collected, used, processed, stored, analysed, and shared for
legitimate business purposes, including but not limited to: providing and
improving ride services; ensuring safety and service verification; fraud
detection and prevention; customer support; partner settlement and
reconciliation; compliance with legal obligations; internal audit; analytics,
research, optimisation of routing and demand; safety monitoring; and
facilitating lawful requests by authorities. The User acknowledges that the Platform
cannot function without the processing of core operational data.
28.4 Sharing of Data.
The Company may share data strictly on a “need-to-know” basis with: Fleet
Partners; verified Drivers; payment service providers; insurance partners; law
enforcement; regulatory bodies; analytics providers; cloud storage providers;
and internal teams authorised to process the same. Each recipient is bound by
confidentiality, contractual obligations, or statutory requirements.
28.5 Security Measures.
The Company implements reasonable organisational, technical, administrative,
and encryption-based safeguards designed to protect against unauthorised
access, alteration, disclosure, or destruction of data. However, the User
acknowledges that no system is entirely immune from breaches, and the Company
does not guarantee absolute security.
28.6 Retention & Deletion.
Data shall be retained only for as long as necessary for operational, legal,
compliance, and audit purposes. Users may request deletion of personal data
subject to statutory limitations, ongoing investigations, fraud prevention,
dispute resolution, or retention periods mandated by Indian law.
28.7 Consent & Withdrawal.
Use of the Platform constitutes deemed consent under applicable Indian privacy
law. Users may withdraw certain types of consent; however, withdrawal may
affect service availability.
29. GOVERNING LAW & JURISDICTION
29.1 Governing Law.
This Agreement, and any disputes, claims, controversies, obligations, rights,
or liabilities arising out of or relating to this Agreement, the Platform, or
any Services rendered by the Company or via its Fleet Partners or Drivers,
shall be governed exclusively by the laws of India. Further, the
interpretation, validity, enforceability, and performance of all terms herein
shall be subject solely to the substantive and procedural laws prevailing in
India, without regard to conflict-of-laws principles that may mandate the
application of laws of another jurisdiction.
29.2 Place of Execution.
This Agreement is deemed to have been executed in Bengaluru, Karnataka, and
consequently all rights, obligations, and remedies shall be adjudicated within
its competent jurisdictional framework.
29.3 Jurisdiction.
Subject to the Dispute Resolution clause herein, the courts and tribunals at
Bengaluru, Karnataka, alone shall have exclusive jurisdiction to entertain and
adjudicate any dispute, suit, claim, or proceeding relating to this Agreement
or the use of the Platform. The User expressly waives any objection regarding
inconvenience of forum or jurisdiction for geographical reasons.
29.4 Regulatory Compliance.
The User, Fleet Partner, or Driver acknowledges that all actions taken on or
through the Platform must be in conformity with applicable central, state, and
local laws, including but not limited to: the Motor Vehicles Act, 1988;
Information Technology Act, 2000; Digital Personal Data Protection Act, 2023;
GST Act; notifications, circulars, transport rules, compliances, and directives
issued by any governmental authority or transport department having
jurisdiction over the services.
29.5 Severability.
In the event any provision of this Agreement is deemed unlawful, void, invalid,
or unenforceable in any jurisdiction, the remainder of this Agreement shall
continue in full force and effect. The invalid provision shall be deemed
modified to the minimum extent necessary to render it enforceable.
29.6 No Waiver.
Failure by the Company to enforce any provision shall not constitute a waiver
of its rights. No waiver shall be recognised unless expressly stated in writing
and authorised by a duly empowered officer of the Company.
29.7 Survival.
Provisions relating to indemnity, limitation of liability, intellectual
property, confidentiality, fees owed, and data protection shall survive
termination.
30. DISPUTE RESOLUTION & ARBITRATION
30.1 Intent to Resolve Amicably.
The Parties agree that, in the event of any dispute, controversy, or claim
(“Dispute”), whether relating to interpretation, breach, rights, obligations,
payments, performance, quality of service, or any matter arising under or
relating to this Agreement, they shall first attempt in good faith to resolve
the Dispute amicably through written communication and direct negotiation. The
Party initiating the Dispute shall provide written notice describing the nature
of the issue with reasonable particulars.
30.2 Mandatory Arbitration.
If the Parties are unable to resolve the Dispute within thirty (30) days of
initiation of the amicable discussion process, the Dispute shall be mandatorily
referred to and finally resolved by arbitration in accordance with the
provisions of the Arbitration and Conciliation Act, 1996 (as amended from time
to time). The arbitration shall be conducted by a sole arbitrator
mutually appointed by the Parties. If Parties fail to mutually appoint an
arbitrator within fifteen (15) days, the arbitrator shall be appointed in
accordance with the Act by a competent court in Bengaluru, Karnataka.
30.3 Seat and Venue.
The seat and venue of arbitration shall be Bengaluru,
Karnataka, and the arbitration proceedings shall be conducted exclusively
within its territorial jurisdiction.
30.4 Language & Procedure.
Arbitration shall be conducted in the English language. The arbitral tribunal
shall permit digital / video hearings, documentary-only adjudication, or
expedited rules where appropriate. The arbitrator shall have the authority to
award monetary relief, equitable relief, injunctive orders, and costs.
30.5 Binding Nature.
The arbitral award shall be final, binding, and enforceable on all Parties, and
may be enforced in any court of competent jurisdiction.
30.6 Class-Action Waiver.
All Disputes must be brought on an individual basis. Users, Drivers, and
Fleet Partners waive all rights to bring or participate in any class action,
group litigation, or collective proceeding.
30.7 Interim Relief.
Nothing in this clause prevents the Company from approaching courts for
interim, injunctive, or conservatory relief including injunctions against
misuse, fraud, breach of confidentiality, or intellectual property violations.
30.8 Continuity of Service.
Pending resolution of a Dispute, the User’s obligations (including payment
obligations) continue unaffected unless otherwise directed by the arbitrator.
31. TERMINATION & SUSPENSION
31.1 Right to Terminate.
SaakSan Technologies Private Limited (“Company”) reserves the sole and absolute
right to suspend, restrict, deactivate, or terminate any User Account, Driver
Account, or Fleet Partner Account (“Account”) at any time, with or without
prior notice, for any reason that the Company, in its sole discretion, deems
appropriate. Such reasons may include but are not limited to: violation of this
Agreement; fraudulent activity; misuse of the Platform; non-cooperation; safety
or legal incidents; repeated complaints; chargebacks; operational risk; abuse
of customer support; breach of partner obligations; or any other matter
impacting the integrity, functionality, or security of the Platform or the
Company’s operations. The User or Partner acknowledges that this right is
essential to ensure the orderly functioning of the Platform.
31.2 Termination by User.
A User may discontinue use of the Platform at any time by deleting the App or
ceasing use of the Services. Where applicable, a User may request termination
of their Account through the settings menu or by submitting a written request
to support. Termination by a User shall not relieve them of any obligations
incurred prior to termination, including outstanding payments, cancellation
fees, penalties, damages, or liabilities incurred under this Agreement.
31.3 Termination by Fleet Partners or Drivers.
Fleet Partners or Drivers may terminate their participation by providing
written notice, subject to their separate commercial agreement executed with
the Company. Termination does not absolve them of obligations relating to
settlements, pending rides, damages, breaches, insurance liabilities, customer
refunds attributable to their actions, contract penalties, or recovery of
Company property such as devices, decals, fastag systems, or platform-specific
equipment, where applicable.
31.4 Immediate Suspension.
The Company may immediately suspend or limit access where: (a) it suspects
fraudulent behaviour; (b) safety risks exist; (c) legal authorities issue a
directive; (d) payments are outstanding; (e) the User or Driver abuses or
harasses others; (f) the vehicle condition is unsafe; (g) insurance or permits
lapse; or (h) data security concerns arise.
31.5 Effects of Termination.
Upon termination:
(a) all licences granted to the User or Partner shall immediately cease;
(b) the User or Partner must cease using all Platform features;
(c) all payable amounts become immediately due;
(d) the Company may retain data as required under law; and
(e) the Company may continue enforcement or recovery actions arising from prior
conduct.
31.6 Survival.
Provisions relating to data protection, privacy, liability, indemnity, payment
obligations, intellectual property, dispute resolution, governing law, and
confidentiality shall survive termination indefinitely or as required under
law.
32. FORCE MAJEURE
32.1 Definition.
Neither Party shall be liable for failure or delay in performance of
obligations (other than payment obligations of the User, Fleet Partner, or
Driver) if such failure or delay results from events beyond reasonable control
(“Force Majeure Events”). Force Majeure Events include, without limitation:
acts of God; earthquakes; floods; cyclones; storms; natural calamities;
epidemics or pandemics; war; hostilities; civil unrest; riots; insurrection;
terrorism; labour disputes; strikes; lockouts; governmental restrictions;
sudden regulatory prohibitions; internet outages; cyber-attacks; infrastructure
failures; power failures; communication breakdowns; or any event that
materially impairs the Company’s ability to operate the Platform.
32.2 Impact on Service.
The User acknowledges that the Company’s Platform depends on third-party
infrastructure such as internet providers, map services, telecommunication
networks, GPS services, cloud servers, payment gateways, and transport permit
regimes. Failure of any such systems constitutes a Force Majeure Event to the
extent it impairs the Company’s operational capacity. During Force Majeure,
Services may be interrupted, delayed, partially available, or entirely
unavailable.
32.3 Notification.
A Party affected by a Force Majeure Event shall notify the other Party as soon
as reasonably practicable. The Company may issue general notifications via
email, push notifications, social media, or in-app alerts.
32.4 Suspension of Obligations.
Performance of affected obligations shall be suspended for the duration of the
Force Majeure Event. The Company shall not be in breach solely due to
non-performance attributable to such events. Users shall remain liable for all
obligations incurred prior to the onset of the Force Majeure Event.
32.5 Mitigation.
Each Party shall use reasonable efforts to mitigate the effects of the Force
Majeure Event. However, the Company shall not be required to incur
extraordinary expenses or risk the safety of its personnel, partners, or
infrastructure.
32.6 Termination Due to Extended Force Majeure.
If a Force Majeure Event continues for a period exceeding sixty (60)
consecutive days, the Company may, at its discretion, terminate this Agreement
without liability. Users shall not be entitled to claim damages, refunds,
compensation, or loss of opportunity due to such termination.
33. AMENDMENTS & UPDATES TO TERMS
33.1 Right to Amend.
SaakSan Technologies Private Limited reserves the unilateral right to modify,
revise, supplement, replace, or update these Terms at any time. Amendments may
be made to reflect changes in law, operational needs, safety measures, service
updates, internal policies, pricing structures, booking fee policies,
cancellation rules, technological enhancements, security requirements, or
changes in business strategy.
33.2 Mode of Notification.
Amended Terms may be communicated through any one or more of the following
means:
(a) updates published on the Platform;
(b) in-app notifications;
(c) email notification;
(d) SMS or push notification;
(e) publication on the Company’s website.
Continued use of the Platform constitutes explicit acceptance of the updated
Terms.
33.3 Binding Nature of Amendments.
All amendments, once published, shall be binding on all Users, Fleet Partners,
and Drivers. No Party may claim lack of awareness as a defence. The Company is
not required to obtain individual consent for amendments.
33.4 Retroactive Amendments.
Where required by law or safety requirements, amendments may be applied
retroactively. Any retroactive application shall be limited only to the extent
necessary for compliance or enforcement.
33.5 User’s Right to Discontinue Usage.
If a User or Partner disagrees with any updated Terms, their sole remedy is to
discontinue use of the Platform. Continued access or usage after the effective
date of amendment constitutes acceptance.
33.6 No Oral Modifications.
No employee, agent, representative, or contractor of the Company has authority
to modify the Terms through oral statements. All modifications must be in
writing and published officially.
34. MISCELLANEOUS PROVISIONS
34.1 Entire Agreement.
This Agreement constitutes the complete and exclusive understanding between the
Company and the User, Driver, or Fleet Partner regarding the subject matter and
supersedes all prior agreements, correspondence, representations, or
understandings.
34.2 Relationship of Parties.
Nothing in this Agreement creates any partnership, agency, joint venture,
employment, or franchise relationship between the User and the Company. Fleet
Partners and Drivers remain independent contractors.
34.3 Assignment.
The Company may assign or transfer any rights or obligations under this
Agreement to affiliates, successors, or third parties without prior consent.
Users may not assign their rights without written consent from the Company.
34.4 Notices.
All notices shall be provided electronically through the Platform, email, or
SMS. Notices to the Company must be sent to the registered office or designated
support email.
34.5 Interpretation.
Headings are for convenience only and do not affect interpretation. References
to statutes include amendments and re-enactments.
34.6 Third-Party Beneficiaries.
No third party has rights under this Agreement unless expressly stated.
34.7 Electronic Records.
This Agreement is an electronic record under the Information Technology Act,
2000 and does not require physical signatures.
34.8 Waiver.
Failure to enforce any right does not constitute a waiver unless expressly
stated in writing.
34.9 Conflict.
If there is a conflict between policies, the most recently updated version
prevails