Welcome to our mobile application and / or our website. This document is an electronic proof in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of www.yonodriver.com website and “Yono Driver” applications for mobile and handheld devices.

Please examine these terms and conditions carefully before making any driver hiring / services, as they contain important information about your rights and obligations. If you do not agree with the Terms of Use, please do not access and use this Website / Application (as hereinafter defined) or our Service through all other means.

• By making a driver hiring with us, you agree to be legally bound by these terms and conditions as they may be modified and posted on our website from time to time.
• Yono Driver operates a technology based electronic platform service called ‘Yono Driver’ which seeks to provide drivers-on-demand to customers who wish to obtain the services of a driver.
• All bookings have to be made at least 4 to 5 hrs in advance for proper facilitation of the service. A successful booking alone does not qualify for a service confirmation. Each booking will be followed up with a confirmation call or SMS to your registered mobile number depending on availability of vehicles / drivers and proximity of reporting your location / area.
• Yono Driver enables the hiring of drivers by commuters/ passengers for a point to point pick up and drop off Service, within city limits and outside city limits, through the Application in mobile telecommunications devices and through the Website. The Service is designed to offer you information and a means of obtaining short-term private driver solutions to coordinate point-to-point and round-trip private driver services, at user’s As a User, you authorize the opted Driver to operate your vehicle and make decisions on your behalf during a period of time designated by you.
• The company reserves the right to cancel a confirmation made for a driver booking/hiring / services any time unilaterally owning to reasons beyond the company's control and The company is not liable for any damages either material or otherwise that might have been caused to the customer in such occasions. All our drivers are under contract to the company not to solicit our customers directly or indirectly for any driver services.

• The company is not liable for any damages caused due to accidents that might have occurred during the duty time of our The company follows a well laid down due diligence / vetting process for the recruitment of its drivers.
• ‘Yono Driver’ aims at bringing drivers/operators (service providers) and customers owning private cars on a common platform by which the said customers can place a request for the services of a professional driver for commute.
• The e-commerce platform brings the customer into contact with a driver so as to avail the latter’s services, subject to the availability of drivers in or around the customer’s location at the time of registering his request.
• The request by the customer could be for a point-to-point commute or a round trip is placed by the customer electronically over a mobile based app or through an online website operated by Yono Driver or via phone service.
• Towards the end of the commute, the customers are charged for the services of the driver, which is intimated to them over the app or The services may be paid for by the customers either: in cash, directly to the driver or through online payment options, to Yono Driver.
• Where the customer opts to pay for the drivers’ services through any of the online modes available on the app, Yono Driver remits the proceeds collected from the customers to the respective drivers.
• In return for the use of the Yono Driver’s electronic platform, the Drivers are charged a convenience fee by Yono Driver. Yono Driver remits any applicable tax to the credit of the respective Governments and regularly files periodic returns as prescribed under the GST laws.
• Any cancellation of a driver booking by the customer has to be made 3 hours prior to the start of the Otherwise a cancellation charge of Rs. 100/- for Driver hire will be applicable.
• Rates quoted are only indicative and are not binding on the Rates do not include parking, Toll, Interstate Taxes, Arrival Lounge Ticket Charges, etc. The same will be charged extra, on actual.

USE OF SERVICE, APPLICATION AND WEBSITE:

The Application and the Website allows you to send a request for Service to a Driver. The GPS receiver, which should be installed on the mobile device (smart phone) on which you have downloaded the Application or the Website, shall detect your location and shall send your location information to the relevant Driver. Yono Driver has sole and complete discretion to accept or reject each request for providing the Service. Yono Driver also has sole and complete discretion over whether to use the Application / Website to receive the leads generated through the Application / Website. If Yono Driver accepts a request, the Application / Website notifies you and provides information regarding the Driver - including his name and the ability to contact the Driver by telephone or a message. The Application / Website also allow you to view the Driver’s progress towards the pick-up point, in real time. Yono Driver shall undertake commercially reasonable efforts to bring you into contact with a Driver in order to avail the Services, subject to the availability of Drivers in or around your location at the moment of your request for the Services. Yono Driver itself does not provide transportation services. It is up to the User to offer transportation. Yono Driver only acts as intermediary between the Driver and you. The provision of the Services by the Driver to you is, therefore, subject to the agreement (to be) entered into between the Driver and you. Yono Driver shall under no circumstance be a party to such agreement. Yono Driver disclaims any and all liability in respect of the Drivers including any claims of employment or any vicarious liability arising out of the Service or otherwise.

REGISTRATION: To use the Services, you have to be registered and provide your name, contact number, email address and other details. Please see our Privacy Policy and practices to know more about how your personal information would be used.

USER ELIGIBILITY AND AGREEMENT: User means any individual or business entity/organization that legally operates in India or in other countries, and uses and has the right to use the Services provided by Yono Driver. Our Services are available only to those individuals or entities who can execute legally binding contracts under the applicable law. Therefore, a User must not be a minor as per Indian Law; i.e. User(s) must be at least 18 years of age to be eligible to use our Services. Yono Driver advises its Users that while accessing the Website/Application, they must follow/abide by the applicable laws. Yono Driver may, in its sole discretion, refuse the Service to anyone at any time. This Agreement applies to all Services offered on the Website/Application, collectively with any additional terms and condition that may be applicable.

PAYMENT: When a trip ends, Yono Driver driver ends the trip on the Yono Driver app on his mobile device. It then calculates the total fare amount due from you and it appears on the Yono Driver app on your mobile device. You may pay the amount via cash optional or a variety of online payment options available on the app including payment via the Yono Driver Wallet where You may have already pre-loaded funds. The usage of the Yono Driver Wallet shall be subject to the terms and conditions of the third party payment processor providing the mobile payment service on the App. Any payment related issue, except when such issue is due to an error or fault in the Site or Application, shall be resolved between you and the payment processor. Yono Driver shall not be responsible for any unauthorized use of Your Yono Driver Wallet.

REPRESENTATIONS AND WARRANTIES: The information you provide to Yono Driver is accurate and complete. Yono Driver service is only available for private cars for non- commercial purposes within the city & outside the city limits as designated on our Website. Private cars for non-commercial purposes bear license plates with black lettering over white colored background (Commercial vehicles have license plates with black lettering over yellow colored background). You will ensure that Yono Driver service is being utilized only for non-commercial purposes in a private car. Yono Driver is entitled, at all times, to verify the information that you have provided and to refuse the Service or use of the Application / Website without providing reasons. You will only access the Service using authorized means. You are responsible to check and ensure you download the correct Application for your device or the correct Website in your computer. Yono Driver shall not be liable if you do not have a compatible mobile device or if you download the wrong version of the Application for your mobile device or Website for the computer. Yono Driver reserves the right to stop the Service and the use of the Application/ Website should you use the Service or Application with an incompatible or unauthorized device. You have the legal right and authority to possess and operate the vehicle when engaging our Services and you confirm, represent and warrant that the said vehicle is in good operating condition and meets the industry safety standards and all applicable statutory requirements for a motor vehicle of its kind. You will be solely responsible for any and all liability which results from or is alleged as a result of the condition of your vehicle, legal compliance, etc., including, but not limited to, personal injuries, death and property damages. You will be solely responsible for the full functionality of your vehicle. If your vehicle fails to function (electrical, mechanical or other) in any way while the Services are being availed of by you, you will be responsible for all storage fees, roadside assistance, alternate transportation and repair of any kind and neither Yono Driver nor the Driver shall be responsible in any manner whatsoever. You have the legal right to designate the Driver as your agent and delegate actual authority to the Driver to operate your vehicle and make decisions on your behalf for the purposes of providing Services offered through the Yono Driver platform. You are named or scheduled on the insurance policy covering the vehicle you use when engaging our Services. You have a valid policy of liability insurance (in coverage amounts consistent with all applicable legal requirements) for the operation of your vehicle to cover any anticipated losses related to your participation in the Services or the operation of your vehicle by the Driver. In the event of a motor vehicle accident you will be solely responsible for compliance with any applicable statutory or department of motor vehicles requirements and for all necessary contacts with your insurance provider. Other than any personal criminal liability attaching to the Driver you will be solely responsible for all consequences arising out of the use of the Service or the Driver. In any event Yono Driver shall have no responsibility or liability on this account whatsoever. You specifically authorize us to use, store or otherwise process your 'Sensitive personal data or information’ (as such term is defined in Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011) in order to provide the Services to you. Subject to applicable law all information provided to us by you shall be deemed to be our information to use as we desire. You will obey all applicable laws related to the matters set forth herein and will be solely responsible for any violations of the same.

LIMITATION OF LIABILITY: Yono Driver shall not be liable for any damages resulting from the use of, or inability to use, the Website/Application, including damages caused by malware, viruses or any incorrectness or incompleteness of the information on the Website/Application.

The quality of the Services requested through the use of the Application is entirely the responsibility of the Driver who ultimately provides such transportation services to you. Yono Driver under no circumstance accepts liability in connection with and/or arising from the Services provided by the Driver or any acts, actions, behaviour, conduct, and/or negligence on the part of the Driver.

The information, recommendations and/or Services provided to you on or through the Website/Application are for general information purposes only and do not constitute advice. Yono Driver will take reasonable steps to keep the Website/Application and its contents correct and up to date but does not guarantee that the contents of the Website/Application  are  free  of  errors,  defects,  malware  and  viruses  or  that  the Website/Application are correct, up to date and accurate.

We have taken all reasonable steps to prevent internet fraud and ensure any data collected from you is stored as securely and safely as possible. However, we shall not be held liable in the unlikely event of a breach in our secure computer servers or those of third parties other than as required under applicable law. Offers are subject to Yono Driver discretion and may be quiet at any time and without notice.

INTELLECTUAL PROPERTY RIGHTS: Yono Driver is the sole owner or lawful licensee of all the rights to the Website/Application and its content. Website/Application content means its design, layout, text, images, graphics, sound, video etc. The Website/Application content embodies trade secrets and intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the Website/Application and its content shall remain with Yono Driver.

All content on this Website/Application is the copyright of Yono Driver except the third party content and link to third party website on our Website/Application, if any.

Systematic retrieval of Yono Driver content to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from Yono Driver is prohibited.

USER ACCOUNTS, OFFERS AND PROMOTIONS: User accounts bearing contact number and email IDs are created and owned by Yono Driver. Any promotional discounts and offers accumulated can be revoked without prior notice in the event of suspicious account activity or mala fide intent of the User. Yono Driver reserves the right to collect User data including name, contact information and other details to facilitate Services or use of its platform to avail Services. All information collected from the User is on a bona fide basis. Misuse and misrepresentation of identity or contact details will lead to automatic termination of Services or the use of the platform, without prior notice to such Users. In the case where the system is unable to establish unique identity of a User against a valid mobile number or e-mail ID, the account shall be indefinitely suspended. Yono Driver reserves the full discretion to suspend a User's account in the above event and does not have the liability to share any account information whatsoever.

For any other queries on Yono Driver and its services, please write in to us at

info@yonodriver.com

LINKS TO THIRD PARTY SITES: Links to third party sites are provided by the Application / Website as a convenience to Users and Yono Driver does not have any control over such sites i.e., content and resources provided by them.

TERMINATION: We reserve the right to terminate your account or your access to the Website/Application immediately, with or without notice to you, and without liability:

(i) if you have violated any of the Terms of Use; (ii) if you have furnished us with false or misleading information; (iii) pursuant to requests by law enforcement or other government agencies; (iv) in case of unexpected technical or security issues or problems; (v) in case of discontinuance or material modification to the Services (or any part thereof); and / or (vi) in case of interference with use of our Website/Application by others. This Terms of Use shall remain in full force and effect while you have an account with us. Even after termination of your account with us, certain provisions of this Terms of Use will remain in effect, including but not limited to, Intellectual Property Rights, Prohibited Uses and Indemnification. You agree that we will not be liable to you or any third party for taking any of these actions. Notwithstanding the termination of this Agreement, you shall continue to be bound by the terms of this Agreement in respect of your prior use of this Website/Application and all matters connected with, relating to or arising from such use.

INSURANCE AND DAMAGE TO PROPERTY: We provide an optional Trip Insurance when you book a Driver using the App, at a nominal premium in association with a third-party insurer. When you book a trip on the Yono Driver App, you will be asked to ‘Secure your booking’ prior to requesting a driver. This insurance is valid through the duration of this trip. The details of policy coverage and the cost of coverage is also provided on the App and specified in the T&C. This Trip Insurance is not available if you book your driver through Website or Phone booking should you choose or not able to procure this insurance offered by Yono Driver, we are not responsible for, damage or loss of any personal belongings or intellectual property whilst providing the Services. These include tapes, records, discs or other similar audio visual or data electronic devices, any speed measuring equipment within the vehicle or any other accessories of any kind. It is your responsibility to ensure that you remove any personal belongings from the car before and after each Yono Driver service arranged through Yono Driver App & Web.

INDEMNITY: The User shall defend, indemnify and hold, Yono Driver, its affiliates, its licensors, and each of their officers, directors, other users, employees, attorneys and agents, harmless, from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with the: violation or breach of the Terms of Use or any applicable law or regulation, whether or not referenced herein; violation of any rights of any third party, including the Driver via the Application and or the Website; and use or misuse of the Application/Website or Service.

MISCELLANEOUS: The information contained in this Website/Application is for general information purposes only. The information is provided by Yono Driver and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability,  suitability  or  availability  with  respect  to  the  Website/Application  or  the information, products, services, or related graphics contained on the Website/Application for any purpose. Any reliance you place on such information is, therefore, strictly at your own risk. In no event will we be liable for any loss or damage, including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this Website/Application or Service. Every effort is made to keep the Website/Application  up  and  running  smoothly.  However,  Yono  Driver  takes  no responsibility for, and will not be liable for, the Website/Application being unavailable

due to technical issues beyond our control. The above mentioned Terms of Use and the Privacy Policy constitute the entire agreement between the User and Yono Driver with respect to access to and use of the Website/ Application and the Services offered by Yono Driver, superseding any prior written or oral agreements in relation to the same subject matter herein.

Passenger Injury: This is a summary of the key terms under the Group Domestic Travel Product (“Policy”) offered by our insurance company partner to Yono Driver. The covers available under the Policy can be availed by registered users/ customers on the Yono Driver platform (mobile application) by selecting the option of travel insurance to insure their travel under the Policy. The insurance cover under the Policy will be applicable only to the trips booked through the Yono Driver platform. The Insurance cover under the Policy starts when customer boards his/her car driven by a Yono Driver driver and lasts till the customers alights from the car and ends the Yono Driver trip. The maximum period of coverage is 12hrs for local trips, 24hrs for one-way outstation trips and 36hrs for outstation trips.

Car Damage Insurance: This is a summary of the key terms under the Group Domestic Travel Product (“Policy”) offered by General Insurance Company partner to Yono Driver. The covers available under the Policy can be availed by the driver’s registered on the Yono Driver platform (mobile application) by selecting the option of travel insurance to insure their travel under the Policy. The insurance cover under the Policy will be applicable only to the trips booked through the Yono Driver platform. The Insurance cover under the Policy starts when the driver boards the Yono Driver’s Customer car and lasts till the customer alights from the car and ends the Yono Driver trip. The maximum period of coverage is 12hrs for local trips, 24hrs for one-way outstation trips and 36hrs for outstation trips.

JURISDICTION: The courts of Kolkata, India shall have the sole and exclusive jurisdiction in respect of any matters arising from the use of the Services offered by Yono Driver or the Terms of Use or any arrangement between Yono Driver and the User.