Private and Confidential

BLUSMART TERMS AND CONDITIONS FOR DRIVER

(Last updated on 10 June, 2021)

This document is an electronic record in terms of the Information Technology Act, 2000 and rules made

thereunder. Further, this electronic record is generated by a computer system and does not require any

physical or digital signatures. This electronic record is published in accordance with the relevant provisions

of the Information Technology Act, 2000 and rules made thereunder.

1. ELECTRONIC MEDIA

1.1 Please note that (a) the domain name https://blu-smart.com (the “Website”); and (b) the software

application for use on small, wireless computing devices such as smartphones and tablets and also for

use on desktop or laptop computers, including inter alia a driver’s version of the application (“Driver

Application”) for the purpose of these Terms of Use ((a) and (b) hereinafter collectively referred to

the “Electronic Media” or “Platform”) is owned, controlled, managed and/or operated by Blu Smart

Mobility Private Limited, a private limited company incorporated in accordance with the laws of

India, either itself and/or through its parent company, its subsidiaries or its affiliates (hereinafter

collectively referred to as the (“Company” or “Blu Smart”).

2. LEGAL AGREEMENT

2.1 These terms and conditions of use (“Terms of Use’’) govern the use and access of the Driver

Application for the purposes of registering the vehicle and offering cab services to user/ riders who

make bookings on the Platform for availing the Transportation Services (defined below) on the

Platform; and constitute a legal agreement ("Agreement") between;

drivers who own their own four wheeler electric vehicles; or

drivers who have obtained cars from third party providers on lease basis; or

drivers who have obtained four wheeler electric vehicles on license basis from fleet companies

associated and/or approved by Blu Smart (“Vehicle Providers”).

2.2 For the purpose of these Terms of Use, “you/yours/yourself” “Driver(s)” shall mean and include all

individuals who are independent third-party service providers who wish to list such four wheeler

electric vehicles with the Company on the Driver Application (“Vehicle(s)”), on hire and reward

basis, for the purpose of providing the Transportation Services (defined below) to the User(s) who

wish to avail such services through the Platform. They are persons who are registered with Blu Smart

after having represented to Blu Smart that they have necessary licenses to provide Transportation

Services within the City of Operation.

2.3 If you continue to use and/or access Driver Application or provide Transportation Services facilitated

by Blu Smart’s Platform, you are agreeing to comply with and be bound by the Terms of Use.

2.4 In addition to the aforementioned, your use and access to the Driver Application and provision of the

Transportation Services (defined below) through the Booking(s) (defined below) received via

Electronic Media of the Company, is subject to the guidelines, rules, privacy policy, terms, conditions

and/or other applicable policies and procedures (“Company Policies”) applicable to such

Transportation Service, which shall be posted on the Electronic Media from time to time. Unless

otherwise provided for in any specific Company Policy, the Company Policies shall be deemed to be

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incorporated into this Terms of Use and shall be considered as part and parcel of hereof. Therefore, by

impliedly or expressly agreeing to be bound by the Terms of Use, you also agree to be bound by the

Company Policies, as may be updated, amended or revised from time to time.

2.5 If you do not agree with the Terms of Use, please do not access and use the Electronic Media related

to the Company through all other means.

2.6 Blu Smart reserves the right, to modify or replace, in part or full, any of these Terms of Use, or

change, suspend, block, discontinue or restrict your use to all or any feature of the Service or

Electronic Media at any time.

2.7 Blu Smart shall not be required to notify the Driver of any changes made to these Terms of Use. The

revised Terms of Use shall be made available on the Electronic Media, including inter alia the Driver

Application. The Driver is requested to visit the Driver Application to view the most current Terms of

Use. The Driver can determine when Blu Smart last modified the Terms of Use by referring to

the "Last Updated" legend above. It shall be Driver’s responsibility to check these Terms of Use

periodically for changes. Blu Smart may require the Driver to provide Driver’s consent to the updated

separate consent is sought, Driver’s continued use of the Electronic Media, following the changes to

the Terms of Use, will constitute Driver’s acceptance of those changes. Driver’s use of the Electronic

Media and provision of Transportation Services is subject to the most current version of the Terms of

Use made available on the Electronic Media at the time of such use.

3. DEFINITIONS

All the defined and capitalized terms in these Terms of Use will have the meaning assigned to them

here below:

3.1 "Account" shall mean the account created by the Driver on the Driver Application for provision of

Company’s Services provided by the Company.

3.2 “Booking(s)” shall mean a request placed by the Rider, either through the Platform or through a direct

call to Blu Smart, for availing of the Transportation Services offered on the Platform, to be provided

by the Driver, from a particular pick-up point(s) to the drop of point(s) in the Vehicle.

3.3 “Daily Shift” shall mean the time period after the Log-in on the Driver Application until the Log-out

from the Driver Application on a particular calendar day, during which the driver makes himself

available for provision of Transportation Services to the User(s) making Booking(s) through the

Platform, including inter alia the waiting time and the time taken to charge the Vehicle. Such Daily

Shift shall include the time period in which the Driver shall charge the respective electric Vehicle or

carry out any such activities ancillary to the provision of Transportation Services or as may be

instructed by the Company from time to time.

3.4 “Driver’s Device” shall mean a cellphone or a mobile device which belongs to the Driver, which is of

such make that it has the interface to operate the Driver Application wherein, the Driver shall receive

all details pertaining to the Booking placed by each Rider through the Platform.

3.5 “Driver Account” shall mean the account created by the Driver on the Driver Application for the

purpose of listing each Vehicle utilized by the Driver for the purpose of provision of Transportation

Services on the Driver Application; and entering the Log-in/Log-out time, in respect of each such

Vehicle for calculation of Daily Shift, in respect of which the daily licensee fee.

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3.6 “Driver Fee” means, in respect of a Ride, such amount payable by us to the Driver for the

Transportation Services provided by the Driver to the Rider(s) subject to the total kilometres travelled

during the Ride based on the actual trip undertaken (i.e exact kilometres travelled, time taken to arrive

at the location, change of location during the trip etc.) or such fee which may change due to any

exigencies in certain specific geographical areas (like curfews, road closures etc.), waiting fee and/or

other such charges which may be paid subject to the these Terms of Use.

3.7 “Log-in” means logging into the Driver Account by the Driver, on the Driver Application wherein the

Driver shall list the Vehicle being utilized for provision of Transportation Services each Daily Shift.

3.8 “Log-out” means logging out from the Driver Account onto the Driver Application by the Driver;

3.9 “Operational Standards” shall mean such standards of the Company as specified in Clause 12

attached herewith, to be adhered to by the Driver towards provision of Transportation Services under

these Terms of Use;

3.10 “Ride(s)” means each trip which the Driver completes on the assigned Vehicle towards the fulfilment

of a Booking made by a Rider through the Platform, from the pick-up point to the drop off point as

desired by the Rider for such Booking;

3.11 “Total Ride Fee” or “Ride Fare” means the aggregate amount collected by us in respect of the

Ride, including the technology fee, Driver Fee, location fee, additional fee and/or applicable taxes,

reflected on the Platform/Driver Application or notified to the Rider on the Platform or through the

mode of Booking, wherein the final amount payable by the Rider shall be calculated and notified to

the Rider at the end of each Ride, payable by the Rider through all permissible modes of payment

and/or Driver (if paid in cash), in respect of each Ride towards the Transportation Services availed by

the Rider.

3.12 “User(s)” or “Rider(s)” shall mean such third-party users/passengers availing Transportation

Services through the Platform of the Company.

3.13 “Target Daily Rides” means such minimum number of Rides which the Company will endeavour to

provide to the Driver on a daily basis for provision of the Transportation Services to the Riders, which

must be completed by the Driver in any Daily Shift.

3.14 “Term” shall have the meaning ascribed to it in each Clause;

3.15 “Territory” shall mean the geographical area of National Capital Territory of Delhi.

3.16 "Applicable Law(s)" shall mean and include all applicable statutes, enactments, acts of legislature or

parliament, laws, ordinances, rules, by-laws, regulations, notifications, guidelines, policies, directions,

directives and orders of any governmental authority, tribunal, or a court of India.

3.17 "Blu Smart" or "us" or "we" or "our" shall mean Blu Smart Mobility Private Limited, a company

incorporated under the provisions of the Companies Act, 2013 and having its corporate office at Plot

90B, sector 18, Gurgaon, Haryana -122008, which expression shall, unless it be repugnant to the

context or meaning thereof, be deemed to mean and include all its successors, affiliates and permitted

assigns.

3.18 "City of Operation" shall mean a city in which the Rider(s) avail and the Driver renders the

Transportation Services respectively.

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3.19 "Force Majeure Event" shall mean any event arising due to any cause beyond the reasonable control

of the Company.

3.20 "Registration Data" shall mean and may include the present, valid, true and accurate name, email

ID, phone number, driver license and/or government registered IDs and such other information as may

be required by Blu Smart from the Driver at the time of registration on the Driver Application.

3.21 “Ride(s)” means each trip which the Driver completes on the Vehicle towards the fulfilment of a

Booking made by a Rider through the Platform, from the pick-up point to the drop off point as desired

by the Rider for such Booking.

3.22 "Company’s Service(s)" shall mean the provision of technology platform services available

on/through the Electronic Media that enables the User’s operating the Electronic Media, who are

desirous of obtaining, availing, arranging, scheduling Transportation Services offered by independent

third party service providers including inter alia the Driver(s), who are under an agreement with Blu

Smart or with certain Blu Smart’s affiliates through the Platform of the company. For avoidance of

any doubt, it is clarified that it also includes the facilitation of Transportation Service between the

User and the Driver by Blu Smart through the Platform or via a telephone request at the call center of

Blu Smart, or booking on the Website, within the City of Operation, as elaborated in Clause 10.

3.23 "Terms of Use" or “Subscription Terms” shall mean these terms and conditions for the Driver.

3.24 “Transportation Services” shall mean the transportation services offered by Drivers on and availed

by the User(s) through the Platform, for transport/carriage services provide to be provided by the

Driver to the Users on the Vehicle(s).

3.25 "Vehicle" shall mean four-wheeler electric vehicle as defined under the Motor Vehicles Act, 1988.

4. REGISTRATION AND CREATION OF DRIVER ACCOUNT

4.1 The Driver hereby understands and acknowledges that he/she has attained at least 18 (eighteen) years

of age and is competent to contract under the Applicable Law(s) and thereby can register on the

Driver Application after complying with the requirements of this Clause 4 and by entering their

Registration Data.

4.2 The Driver shall ensure that the Registration Data provided by him/her in the Account is accurate,

complete, current, valid and true and is updated from time to time. The Company shall bear no

liability for false, incomplete, old or incorrect Registration Data provided by the Driver.

4.3 The Driver is aware that his/her usage of the Driver Application and creation of an Account therein is

attributed to registering his/her respective Vehicle(s), whether owned by the Driver or leased and/or

licensed by a Vehicle Provider as a part of the calculation of a Daily Shift towards provision of

Transportation Services as well as the fee payable to the Driver for provision of such Transportation

Services to the User(s) on the Platform.

4.4 The Driver has represented to the Company that he/she is the rightful owner of such Vehicle or is

sufficiently seized of the rightful possession of the Vehicle which has been leased to him/her by the

Vehicle Provider or he/she has the necessary license obtained from the Vehicle Provider for rightful

provision of Transportation Services to the User(s) on the Platform, as the case maybe for each

Driver.

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4.5 The Driver has agreed to submit to the Company the ownership proof or lease contract/documents

(with the relevant entities) or license contract/documents or requisite no objection certificates or

permission documents and/or any other ancillary documents as maybe requested by the Company, for

the purpose of proving the right to use such Vehicle freely without any third party intervention or

hindrance towards provision of Transportation Services to the User(s) on the Platform.

4.6 The Driver is solely responsible for maintaining the confidentiality of his/her Registration Data and

will be liable for all activities and transactions that occur through the Driver’s Account. It has been

agreed that the Driver shall not authorize any third parties to use his/her Account. The Driver’s

Account cannot be transferred or assigned to a third party. The Company shall not be liable for any

third-party claim with respect to any loss that the Driver may have incurred as a result of someone

else using the Driver’s password or Account, either with or without Driver’s knowledge.

4.7 The Company reserves the right to suspend or terminate Driver’s Account with immediate effect and

for an indefinite period, if the Company has a reason to believe that the Registration Data or any other

data provided by the Driver is incorrect or false, or that the security of the Driver’s Account has been

compromised in any way, or there is a breach of terms and conditions of these Terms of Use or upon

any unauthorised use of Driver’s Account by any third party or for any other reason the Driver may

find just or equitable.

4.8 It is the Driver’s responsibility to check and to ensure that the Driver downloads the correct

application for his/her Driver Device.

4.9 The Company shall not be liable if the Driver does not have a compatible mobile device or if the

Driver downloads the wrong version of the Driver Application for his/her Driver Device.

4.10 In case of any unauthorized use of the Driver’s Account please immediately inform the Company

at support@blu-smart.com.

4.11 In case, Driver is unable to access his/her Account, the Driver needs to inform the Company at

support@blu-smart.com and make a written request for blocking the Driver Account.

4.12 Blu Smart reserves the right to modify, terminate or suspend the Company’s Services available on the

Platform at any time without prior notice due to any changes in internal policy or due to the

Applicable Laws or any breach of these Terms of Use by the Driver or for any reason whatsoever.

5. OPERATION OF DRIVER ACCOUNT

5.1 Within a period of [2] days from the date of appointment, the Driver shall pursuant to instructions

provided by the Company, register and enlist himself/ herself on the Driver Application, and shall

create a Driver Account by providing the information requested on the Driver Application and

agreeing to these Terms of Use which governs the relationship between the Company and the Driver

as also the Driver’s separate and independent transaction with the Riders once the Driver agrees to

provide Transportation Services to the Rider pursuant to the Bookings made by such Rider, and the

other standards, roles, responsibilities of the Driver for providing the Transportation Services through

the Platform etc.

5.2 The Driver agrees that the information/documents provided by the Driver in respect of creation of the

Driver Account at the time of registration and/or any time thereafter, shall, at all times, be true,

accurate, current, and complete.

5.3 During the Daily Shift, the Driver shall ensure that (a) the Driver is, at all times, logged-in into the

Driver’s Application through his/ her Driver Account on the Driver’s Device; (b) the Driver

Application, other internet portals as mandated and/ or provided by the Company are functioning

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normally on the Driver’s Device, and the Driver’s Device is connected with the internet and is

functioning properly; (c) the Driver’s Device on which the Driver is accessing and using the Driver

Application is always connected with the internet, it has sufficient balance to make calls or receive

calls, and the battery of such handheld device/mobile phone is always fully charged.

5.4 For the purpose of these Terms of Use, the Driver further agrees that the Daily Shift will be calculated

on the basis of the Log-In and Log- Off time clocked by the Driver on the Driver Application, the

Driver shall register/list the Vehicle with the Company through the Driver Application prior to

provision of Transportation Services offered on the Platform to the Riders in accordance with these

6. DRIVER’S DEVICE

6.1 For registration on the Driver Application, the device of such model and functionality as may be

specified and notified by Blu Smart to the Driver, the Driver shall bring his own device, the Driver

Device. The Driver hereby agrees that Driver Application on the Driver Device shall be switched on

during the performance/provision of the Transportation Service without being any exceptions

whatsoever. The provisions relating to Driver Device shall be as set out below-

6.2 For registration on the Driver Application, the Driver may bring his own Driver Device, of such

model and functionality as may be specified and notified by Blu Smart to the Driver. In such event

Blu Smart will assist the Driver in installing the Driver Application in the Driver Device brought by

the Driver after Blu Smart verifies that the Driver Device meets the requirements and specifications as

required by Blu Smart. Blu Smart shall also instruct the Driver in the use of the Driver Device in

respect of the Driver Application and Platform, if required. If the Driver Device is stolen, the Driver

shall ensure that the Driver Application and his Account is immediately blocked, suspended or

deactivated. In such event, the Driver shall approach Blu Smart’s designated offices with a new

Driver Device for installation of the Driver Application in the new Driver Device.

6.3 The Driver shall not use the Driver Device for any illegal or unlawful purposes and shall use the

Driver Device solely in accordance with the terms of these Terms of Use. The Driver shall solely be

responsible and liable for any violations of law committed by the Driver, misuse of the Driver Device

and misuse of the sim card used in the Driver Device.

6.4 In the event the Driver Application is not functioning properly on the Driver Device due to the Driver

Device being damaged and not repairable due to any act or omission of the Driver, the Driver shall

immediately approach Blu Smart’s designated office with a new Device for installation of the Driver

Application on the new Driver Device. If the Driver is unable to bring a new Driver Device or obtain

a Driver Device Blu Smart shall be entitled to terminate this legal agreement established via these

7. DRIVER CONTENT

7.1 Except for the Registration Data or any other data provided, posted, uploaded or submitted by the

Driver on the Electronic Media during the use of any of the service offered through the Electronic

Media, the Company does not want the Driver to, and the Driver should not, send any confidential or

proprietary information to the Company on the Electronic Media or otherwise, unless otherwise is

required by Applicable Laws. In accepting these Terms of Use, the Driver agrees that any information

or materials that the Driver or individuals acting on the Driver’s behalf provide to the Company

through the Electronic Media other than the aforementioned will not be considered confidential or

proprietary.

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7.2 Blu smart will be entitled to process and transfer Driver’s information as and when it deems fit and it

may store or transfer Driver’s information in a server outside India or the country where the Driver is

located in order to perform Blu Smart’s obligations under these Terms of Use, Company Policies and

Applicable Laws.

7.3 The Driver agrees to grant Blu Smart a non-exclusive, worldwide, perpetual, irrevocable, royalty-free,

sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any

other rights which the Driver has in Driver’s information, in any media now known or not currently

known, with respect to Driver’s information. THE DRIVER AGREES AND PERMITS BLU SMART

TO SHARE DRIVER’S INFORMATION WITH THIRD PARTIES IN ACCRODANCE WITH THE

APPLICABLE LAWS AND PRIVACY POLICY.

7.4 Further, Blu Smart shall store the information provided by the Driver including without limitation the

recordings of Driver’s calls between the Company’s executive and the Driver for their conversation

regarding the provision of Transportation Services of the Company or any/all such Transportation

Service-related matters. The Driver shall promptly inform Blu Smart on any change in the information

provided by the Driver to Blu Smart in respect to the Transportation Services provided on the Blu

Smart Platform.

7.5 Blu Smart reserves the right, but have no obligation, to monitor the content posted or the programme

content materials posted on the Electronic Media. Blu Smart shall have the right to remove or edit any

content that in its sole discretion violates, or is alleged to violate, any Applicable Law or either the

spirit or letter of these Terms of Use. Notwithstanding this right of Blu Smart, Driver remains solely

responsible for the content of the materials he/she may post on the Electronic Media and in the private

messages (as applicable). Please be advised that such content posted does not necessarily reflect Blu

Smart’s views. In no event shall Blu Smart assume or have any responsibility or liability for any

content posted/shared or for any claims, damages or losses resulting from use of content and/or

appearance of content on the Electronic Media. The Driver hereby represents and warrants that he/she

has all necessary rights in and to all content the Driver provides and all information it contains and

that such content shall not infringe any proprietary or other rights of third parties or contain any

libelous, tortious, or otherwise unlawful information.

8. PRIVACY

8.1 When you become a Driver, then and during your use of the Electronic Media and/or provision of

Transportation Services, you will provide us with certain information and other data as aforesaid that

may or may not be otherwise publicly available. We will respect the privacy of such data as per our

disclose or process your data in accordance with our Privacy Policy, which you accept by your

continued use of the Electronic Media and/or provision of Transportation Services. We will share

your data with other parties only as set out in our Privacy Policy.

8.2 In addition to and not in contravention of the terms, measures and procedures regarding storing and

securing the data and information on the Electronic Media as stipulated in the Privacy Policy, you

acknowledge, accept and agree that the Company utilizes standard security configurations for

securing data and information on the Electronic Media which is reasonable and sufficient security

practice and procedure as per the industry standard and for the purposes of Information Technology

Act, 2000 and the rules and regulations made thereunder. The Driver agrees that in case of any

leakage, destruction, unauthorized access or the like to information stored on the Company’s

Electronic Media, they waive their right to file a complaint for compensation under all Applicable

Laws.

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9. USE OF ELECTRONIC MEDIA

9.1 The Driver agrees, undertakes and confirms that Driver’s use of Electronic Media shall be strictly

governed by the following binding principles:

9.1.1 Driver shall not host, display, upload, modify, publish, transmit, update or share any information that:

(a) belongs to another person and to which Driver do not have any right to; or interferes with another

user's use and enjoyment of the Electronic Media or any other individual's user and enjoyment of

similar services; or

(b) that is harmful, harassing, blasphemous, defamatory, obscene, pornographic, libelous, invasive of

another's privacy, hateful, or ethnically objectionable, disparaging, relating or encouraging money

laundering or gambling, or otherwise unlawful in any manner whatever, or unlawfully threatening

or unlawfully harassing including but not limited to "indecent representation of women" within

the meaning of the Indecent Representation of Women (Prohibition) Act, 1986, of another person;

(d) is patently offensive to the online community, such as sexually explicit content, or content that

promotes obscenity, pedophilia, racism, bigotry, hatred or physical harm of any kind against any

group or individual; or

(e) involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing or

"spamming"; or

(f) infringes upon or violates any third party's rights, (including, but not limited to, intellectual

property rights, rights of privacy (including without limitation unauthorized disclosure of a

person's name, email address, physical address or phone number) or rights of publicity]; or

(g) contains restricted or password-only access pages, or hidden pages or images (those not linked to

or from another accessible page); or

(h) provides material that exploits people in a sexual, violent or otherwise inappropriate manner or

solicits personal information from anyone; or

(i) provides instructional information about illegal activities such as making or buying illegal

weapons, violating someone's privacy, or providing or creating computer viruses; or

(j) contains video, photographs, or images of another person without his or her express written

consent and permission or the permission or the consent of his/ her guardian in the case of minor;

(k) tries to gain unauthorized access or exceeds the scope of authorized access to the Electronic

Media or to profiles, blogs, communities, account information, bulletins, friend request, or other

areas of the Electronic Media or solicits passwords or personal identifying information for

commercial or unlawful purposes from other users; or

(l) engages in commercial activities and/or sales without Blu Smart’s prior written consent such as

contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of

"virtual" items related to the Electronic Media. Throughout these Terms of Use, our "prior written

consent" means a communication coming from Blu Smart’s authorized representative,

specifically in response to Driver’s request, and specifically addressing the activity or conduct for

which Driver’s may seek authorization; or

(m) interferes with another user's use and enjoyment of the Electronic Media or any other individual's

user and enjoyment of similar services; or

(n) refers to any website or URL that, in Blu Smart’s sole discretion, contains material that is

inappropriate for the Electronic Media, contains content that would be prohibited or violates the

letter or spirit of these Terms of Use; or

(o) harm minors in any way; or

(p) is fraudulent or involve the sale of counterfeit or stolen items; or

(q) violates any law for the time being in force; or

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(r) deceives or misleads the addressee/ users about the origin of such messages or communicates any

information which is grossly offensive or menacing in nature; or

(s) impersonate another person; or

(t) contains software viruses or any other computer code, files or programs designed to interrupt,

destroy or limit the functionality of any computer resource; or contains any trojan horses, worms,

time bombs, cancelbots, easter eggs or other computer programming routines that may damage,

detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any

system, data or personal identifiable information or attempt to interfere with the proper working

of the Electronic Media or any transaction being conducted on the Electronic Media; or

(u) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with

foreign states, or public order or causes incitement to the commission of any cognizable offence

or prevents investigation of any offence or is insulting to any other nation; or

(v) is false, inaccurate or misleading; or directly or indirectly, offer, attempt to offer, trade or attempt

to trade in any item, the dealing of which is prohibited or restricted in any manner under the

provisions of any Applicable Law, rule, regulation or guideline for the time being in force; or

(w) creates liability for Blu Smart or cause Blu Smart to lose (in whole or in part) the services of it’s

vendors.

9.1.2 The Driver shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device,

program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire,

copy or monitor any portion of the Electronic Media or any content, or in any way reproduce or

circumvent the navigational structure or presentation of the Electronic Media or any content, to obtain

or attempt to obtain any materials, documents or information through any means not purposely made

available through the Electronic Media. We reserve the right to bar any such activity as and when

detected or deemed appropriate.

9.1.3 The Driver shall not probe, scan or test the vulnerability of the Electronic Media or any network

connected to the Electronic Media nor breach the security or authentication measures on the

Electronic Media or any network connected to the Electronic Media. The Driver may not reverse

look-up, trace or seek to trace any information on any other user of or visitor to the Electronic Media,

or any other customer of Blu Smart, including any of Blu Smart’s account not owned by the Driver, to

its source, or exploit the Electronic Media or any Company’s Service or information made available

or offered by or through the Electronic Media, in any way where the purpose is to reveal any

information, including but not limited to personal identification or information, other than Driver’s

own information, as provided for by the Electronic Media.

9.1.4 The Driver agrees he/she will not take any action that imposes an unreasonable or disproportionately

large load on the infrastructure of the Electronic Media or Blu Smart’s systems or networks, or any

systems or networks connected to the Electronic Media.

9.1.5 The Driver may not use the Electronic Media or any content for any purpose that is unlawful or

prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity

that infringes the rights of Blu Smart or others.

9.1.6 The Driver shall not use the Company’s services or Electronic Media in any manner that could

damage, disable, overburden, block or impair any of the server connected to the Electronic Media.

The Driver may not attempt to gain unauthorized access to the services through hacking, password

mining or any other means.

9.1.7 The Driver may not reverse engineer, decompile and disassemble any software used to provide the

Transportation Services to the User(s) via Blu Smart.

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9.1.8 The Driver shall not make any negative, denigrating or defamatory statement(s) or comment(s) about

Blu Smart or the brand name or domain name used by Blu Smart or the Company’s Services

provided by Blu Smart or otherwise engage in any conduct or action that might tarnish the image or

reputation, of Blu Smart or its merchants on Platform or otherwise tarnish or dilute any of Blu Smart’s

trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade

name as may be owned or used by Blu Smart.

9.1.9 The Driver shall not engage in advertising to, or solicitation of, other users of the Electronic Media to

buy or sell any products or services, including, but not limited to, services related being displayed on

or related to the Electronic Media. It shall be a violation of these Terms of Use to use any information

obtained from the Electronic Media in order to harass, abuse, or harm another person, or in order to

contact, advertise to, solicit, or sell to another person outside of the Electronic Media.

9.1.10 The Driver understands that Blu Smart always has the right to disclose any information (including the

identity of the persons providing information or materials on the Electronic Media) as necessary to

satisfy any law, regulation or valid governmental request. This may include, without limitation,

disclosure of the information in connection with investigation of alleged illegal activity or solicitation

of illegal activity or in response to a lawful court order or subpoena. In addition, Blu Smart can (and

Driver hereby expressly authorize Blu smart to) disclose any information about Driver to law

enforcement or other government officials, as it, in Blu Smart’s sole discretion, believe necessary or

appropriate in connection with the investigation and/or resolution of possible crimes, especially those

that may involve personal injury.

9.1.11 It is possible those other users (including unauthorized users or “hackers”) may post or transmit

offensive or obscene materials on the Electronic Media and that Driver may be involuntarily exposed

to such offensive and obscene materials. It also is possible for others to obtain personal information

about Driver on the public forum due to Driver’s use of the Electronic Media, and that the recipient

may use such information to harass or injure the Driver. Blu Smart does not approve of such

unauthorized uses but by using the Electronic Media. The Driver acknowledges and agrees that Blu

Smart shall not responsible for the use of any personal information that the Driver publicly discloses

or shares with others on the Electronic Media. The Driver should carefully select the type of

information that he/she publicly discloses or shares with others on the Electronic Media, or from the

Electronic Media on other social platforms (e.g., but not limited to Facebook).

9.1.12 Blu Smart shall have all the rights to take necessary action and claim damages that may occur due to

Driver’s involvement/participation in any way through Driver or through group/s of people,

intentionally or unintentionally causing hindrance in provision of Company’s Services.

9.1.13 Blu Smart’s performance of these Terms of Use is subject to existing laws and legal processes of

Government of India, and nothing contained in the Terms of Use is in derogation of Blu Smart's right

to comply with law enforcement requests or requirements relating to Driver’s provision of

Transportation Services or information provided to or gathered by Blu Smart with respect to such

provision or performance. The Driver agrees that Blu Smart may provide details of Driver’s use of the

service to regulators or police or to any other third party, or in order to resolve disputes or complaints

which relate to the service, at Blu Smart’s complete discretion.

10. COMPANY’S SERVICES

10.1 The Electronic Media is a technological platform that enables and permits the User(s)/Rider(s) to

arrange, obtain and avail the Transportation Services offered by the Drivers through the Electronic

Media. It has been agreed between the parties that upon booking of Transportation Services through

the Electronic Media, the arrangement constitutes a separate and bilateral association between the

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User/Rider and the Driver. It is hereby clarified that for the purpose of facilitation of interaction,

communication and transaction between the Driver and the User is an independent and separate

transaction between such Driver and User and Electronic Media is only acting as an intermediary

service provider and/or facilitator for the purpose of facilitation of interaction, communication and

transaction between the Driver and the User; and hence, Blu Smart shall not be liable and responsible

for any and all liabilities, losses, claims and damages that may arise out of or in connection with the

interaction, communication and transaction between the Driver and the User and the Driver agrees to

indemnify Blu Smart in this regard.

10.2 You hereby acknowledge you are not an employee, agent, representative, contractor, adviser, staff

member of the Company and the Company has no responsibility for any act, omission, advice,

service, representation, etc. of yours.

10.3 By using the Driver Application, the Driver further agrees that:

10.3.1 The Driver will not use an account that is subject to any rights of a person other than the Driver

without appropriate authorization;

10.3.2 The Driver will not use the Electronic Media for unlawful purposes or carry any materials equipment

or material that is prohibited under the Applicable Law or the use of which can be used for any illegal

purposes/activities;

10.3.3 The Driver will not try to harm the User, Electronic Media or Blu Smart’s network in any way

whatsoever or cause any damage to the Vehicle;

10.3.4 The Driver will provide Blu Smart with such information and documents which Blu Smart may

reasonably request;

10.3.5 The Driver will only use an authorized network to which it has access to for the purpose of availing

service;

10.3.6 The Driver will comply with all Applicable Law from the Driver’s country of domicile and residence

and the country, state and/or city in which the Driver is present while using the Electronic Media or

provision of Transportation Service;

10.3.7 The Driver is aware of and shall comply with the Information Technology Act, 2000 and the rules,

regulations and guidelines notified thereunder.

11. GENERAL ROLES AND RESPONSIBILITIES OF THE DRIVER

11.1 The Driver shall, at all times, (a) comply with all the Applicable Laws related to driving of a four-

wheeler vehicle, including but not limited to Motor Vehicles Act, 1988 (“MV Act”) and comply with

all the Applicable Laws pertaining to driving license and (b) adhere to all the rules, regulations and

guidelines as applicable to on him/ her in respect of driving a four wheeler electric vehicle including

inter alia the traffic rules and standards and guidelines pertaining to safety of the driver and other

person travelling in such four wheeler electric vehicles’ and (c) abide by the Operational Standards as

stipulated by under these Terms of Use.

11.2 The Driver shall ensure that he/ she has all the documents necessary for driving any four-wheeler

electric vehicle as mandated under the Applicable Laws and, at all times, shall hold and keep

updated/renewed driving license, registration certificate of the Vehicle and permits as maybe handed

over by the Vehicle Provider (as applicable) for the purpose of driving the Vehicle(s) (“Necessary

Documents”). If the Driver fails to carry the Necessary Documents and it results in any loss, damage

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or harm to the Company’s reputation or the police issues a challan towards Driver’s negligence or the

Rider cancels the Ride, the Company shall reserve the right to charge the Driver with a penalty

equivalent to the cancellation fee of such Ride being cancelled and/or seek legal recourse towards

such negligence by the Driver, forthwith terminating the Driver’s engagement with the Company.

11.3 The Driver shall ensure that the Ride Fare is correctly collected at the end of each Ride from the Rider

upon completion. In case the Ride Fare is paid by the Rider through other modes of payment, chosen

by the Rider on the Platform, the Driver shall check for a notification of receipt of correct payment for

such Ride on the Driver Application after completion of any payment by the Rider.

11.4 The Driver shall at all times be expected to maintain a record of the payments collected on behalf of

the Company in cash, the same shall be intimated by the Company in the Driver Application and

Driver Account prior to commencement of a Ride, the Driver shall be expected to carry change to be

paid to each Rider at the end of each Ride, which the Driver shall collect from the premises as notified

by the Company, if the Driver is short of the same before commencement of any Ride wherein the

mode of payment is cash.

11.5 In the event, the Rider opts for payment of the Ride Fare through the payment facility as may be

provided on the Platform, then the Driver shall ensure that such Ride Fare has been paid by the Rider

and the same being notified on Driver Application at the end of each Ride. In any circumstance the

Driver does not receive such notification of receipt of Ride Fare, the Driver shall be obligated to

immediately inform the Company of the same and the Company shall then address the issue.

11.6 In the event, the Rider opts for payment of the entire or partial Ride Fare by cash, then (i) the Driver

shall collect such Ride Fare paid in cash from the Riders on behalf of the Company; (ii) remit/ return

such collected amount of the Ride Fare made in cash to the Company in the manner as determined by

the Company.

11.7 It is hereby agreed between the parties that the Driver shall be entitled to payment for the performance

of the Transportation Services in the manner as provided under Clause 13 of these Terms of Use, only

and not otherwise. Any misuse or unauthorized use of the collected amount of the Ride Fare made in

cash by the Rider to the Driver shall result in initiation of legal action against such Driver by the

Aggregator.

11.8 In the event, the Rider is making entire payment or part payment in cash for the Ride Fare, the Driver

hereby acknowledges and agrees that the Company shall alone be responsible for settling any payment

related disputes between the Rider and the Driver. In case of any conflict or dispute with the Rider,

the Driver shall seek instructions from the Company. The Driver agrees that the decision taken by

Company shall be final and binding on the Driver in the aforesaid case.

11.9 The Driver will hold all the documents and records including documents and records pertaining to (a)

Ride Fare collected by the Driver from the Riders, and (b) any toll tax, parking charges, parking fees

or any such fee paid by the Rider towards provision of Transportation Services in respect of

performance his/her obligations under these Terms of Use.

11.10 The Driver agrees that upon reasonable notice, the authorised representative of the Company may ask

the Driver to present such documents or records to inspect such documents or records maintained by

the Driver.

11.11 In case of inspection of documents and records made in respect of collection of payment of Ride Fare

reveals any discrepancy, then the Driver will pay such remaining amount to the Company, failing

which, the Company may initiate any legal action(s) against the Driver.

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11.12 The Driver understands that any cancellation of a scheduled Ride or a Booking appearing on Driver

Application by the Driver, is prohibited except in exceptional circumstances based on a justifiable

explanation provided by the Driver to the Company, wherein Company shall take a final call on

whether the Booking should be cancelled or completed (by assigning a different driver for such

Booking). The Driver shall immediately inform the Company in case of any cancellation or refusal for

the scheduled Ride by the Driver or the Rider. Further, the Driver agrees that such cancellation or

refusal for completion of a scheduled Ride or a Booking by the Driver or the Rider due to any delays

by the Driver, may lead to a deduction in the form of withholding of part or whole of the Daily

Adjusted Consideration Amount (defined below) by the Company.

11.13 The Driver agrees that he/ she shall not (a) cancel any the Ride assigned to him/ her on the Driver

Application; and (b) Refuse to start/complete the Ride and/ or indicate/ communicate in any manner

to the Rider that he/ she will not pursue such Ride.

11.14 The Driver hereby agrees that any complaint(s) made by the Riders regarding the conduct and/ or

behaviour of the Driver will be considered to be a breach of the obligations by the Driver hereunder

for which Company shall not be responsible in any manner and, if the nature of such complaint is

serious, then the Company may, in its sole discretion, immediately terminate this arrangement and/ or

restrict the use and access of the Driver from the Driver Application and/ or initiate any legal action.

11.15 The Driver shall be solely responsible for: (a) any failure to complete any Ride which is accepted/

started by the Driver; (b) any failure to pick up Rider(s) on the pick-up time from the pick-up point;

under the influence of alcohol, verbal, physical or harassment of any nature; (d)any violation or non-

adherence under any Applicable Law;(e) any nuisance or damage caused to the property of Company

by the Driver or any misbehaviour with the Company representatives; misbehaviour shall include

within its purview using abusive language, causing physical harm and making indecent gestures; (f)

any physical and/or mortal danger caused to the Riders during the Daily Shift; (h) any delay, for such

time as may be determined by the Company, caused to the Rider(s) in respect of the Ride, pick up

time and drop time; (i) charging in excess of the Ride Fare from the Rider; and (j) failure to adhere to

the Operational Standards. The Driver hereby waives and expressly releases the Company and the

Company for and in respect of any claims which may be made by the third-party to the Company,

arising out of or in connection with any of the acts specified above.

11.16 The Driver shall be liable for any loss and/ or damage caused to any third party and/or Vehicle on

account of accident, whether or not the same is due to negligence caused by the Driver or any third

party, during the time when the Vehicle is supposed to be in control of Driver or during a Daily Shift

as per the terms of these Terms of Use. In addition, the Driver agrees to indemnify and pay to the

Company all the costs and expenses incurred in relation to the repairs to be conducted on the Vehicles

and hereby undertakes that the Company has the right to recover; and make such deductions towards

recovery of the cost of such repairs or any other losses suffered by the Company arising out or in

connection with such accident, from the payment due and payable by the Company to the Driver

under these Term of Use.

12. OPERATIONAL STANDARDS FOR PERFORMANCE OF TRANSPORTATION SERVICES

12.1 The Driver covenants that he/she shall at all times abide by these Terms of Use and the obligations

stated herein and/or as stipulated by Blu Smart from time to time. In any circumstance, the Driver

fails to adhere to the Terms of Use and the obligations stated, while providing Transportation Services

to the Riders, the Driver shall, in addition to the rights and remedies available under law, be liable to

pay a genuine pre-estimated compensation of an amount equivalent to Rs. 10,000 to Blu Smart

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(“Fine(s)”).

12.1.1 The Driver shall ensure and confirm that he understands the language of the Driver

Application/Platform and shall ensure that he/she chooses the language that he bests understands from

amongst the languages that the Driver Application /Platform supports.

12.1.2 The Transportation Service provided through the Platform by the Driver shall be of the highest quality

as per industry standards and in accordance with the oral and written requirements of Blu Smart. The

Driver shall be liable for any loss caused to Blu Smart and/or the Rider due to negligence of the

Driver in the performance of the Transportation Service.

12.1.3 The Driver be deemed to be informed and shall also strive to stay informed about conditions such as

bandhs, strikes, curfews, traffic disruptions, weather conditions and the like that could affect the

Transportation Service. The Driver shall, immediately intimate Blu Smart, and disclose any such

aforesaid calamity that he may become aware of.

12.1.4 The Driver shall provide the Transportation Service to the Rider in a courteous, effective and timely

manner.

12.1.5 The Driver shall ensure registration of Vehicle at all times and shall hold and keep updated / renewed

all licenses, insurance and permits necessary for the use of Vehicle on the Platform.

12.1.6 The Driver shall not undertake or assist in any unlawful or illegal activity while performing

Transportation Services.

12.1.7 The Driver shall not allow unauthorized persons to drive the Vehicle. Blu Smart reserves the right to

take any action at its sole discretion for any violation by the Driver, which may extend to but not

limited to termination an/or other legal action.

12.1.8 The Driver shall ensure the safety and security of the Riders, his own self and that of the Vehicle at all

times.

12.1.9 The Driver shall immediately bring to the notice of Blu Smart any deviation from the provision of the

Transportation Service/s as required under the terms of these Terms of Use, including but not limited

to any accidents, damage to life or property.

12.1.10 The Driver agrees that any breach of these Terms of Use by him/her is likely to cause Blu Smart

substantial and irreparable damage and therefore, in the event of any such breach, in addition to such

other remedies which may be available Blu Smart shall have the right to specific performance and

injunctive relief.

12.1.11 The Driver shall ensure that he is not using the Driver Device for any purpose other than for

providing Transportation Service in the manner provided under these Terms of Use. The Driver shall

ensure that the Driver Device is not busy for long, unavailable or switched off while the Vehicle is

being plied on the Platform.

12.1.12 The Driver shall not use / access video / interactive content on the Platform when the Driver is

driving the Vehicle. However, during halts / stops requested by the Riders, Driver may access video /

interactive content on the Platform, provided that the Driver shall ensure that such access / use during

halts / stops doesn’t lead to deficiency of Transportation Service or negligence towards the Rider.

12.1.13 On allotment of a Booking in response to a request on the Platform, the Driver shall ensure that the

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Vehicle arrives prior to the pick-up time.

12.1.14 The Driver shall ensure that the Rider pays the Total Ride Fee as well as additional surcharge (if

applicable) and any fee or levy presently payable or hereinafter imposed by Applicable Law. In the

event, the Rider pays by cash for the Transportation Services, the Driver shall collect the Total Ride

Fee and remit the same to Blu Smart in the manner solely determined by Blu Smart.

12.1.15 The Driver will have a functioning mobile number and also have the ability to read text messages

sent by Blu Smart, regarding the Rider details and to convey Rider’s feedback.

12.1.16 In the event any Driver leaves his/her property in the Vehicle, the same shall not be pilfered or

tampered with by the Driver and shall be reported immediately by the Driver directly to Blu Smart. In

the event the Driver pilfers or tampers with the property of the Rider, the Driver shall be solely liable

for any damages claimed by the Rider and Blu Smart may at its sole discretion terminate the Driver’s

registration and disable the Driver’s access to the Driver Application. Blu Smart shall in no event be

liable for loss of or damage caused to the property of the Rider.

12.1.17 Driver hereby acknowledges and agrees that Blu Smart shall alone be responsible for settling any

payment related issues between Rider and Driver. In case of any conflict, the Driver shall seek

instructions from Blu Smart. The Driver agrees that the decision taken by Blu Smart shall be final and

binding on the Driver in the aforesaid case.

12.1.18 The Driver shall make himself/ herself available for such trainings as Blu Smart may be required to

organize pursuant to Applicable Law or as Blu Smart may deem necessary from time to time.

12.1.19 The Vehicle shall be the sole responsibility of the Drivers and the Driver shall be liable or

responsible for any loss or damage to the Vehicle caused by a Rider or any other third party for any

reason whatsoever.

12.1.20 The Driver shall not drive rashly, shall follow traffic regulations and all Applicable Laws during the

performance of the Transportation Services, wear seat belt, not consume liquor / cigarette / bidi, or

any other kind of intoxicant while performing the Service/(s) and shall have and hold a valid driving

license and registration/insurance papers for the Vehicle at all times. The Driver shall not take any

personal calls except in the event of an emergency, without prejudicing the safety of the Vehicle and

the Rider. Driver shall take all calls from the Rider and Blu Smart only after stopping the Vehicle at

an appropriate location to take the call, without being a hindrance to the traffic around him or without

violating any traffic rules.

12.1.21 The Driver understands that any cancellation of a scheduled Booking appearing on Driver

Application by the Driver, is prohibited except in exceptional circumstances based on a justifiable

explanation provided by the Driver to Blu Smart, wherein Blu Smart shall take a final call on whether

the Booking should be cancelled or completed (by assigning a different driver for such Booking). The

Driver shall immediately inform Blu Smart in case of any cancellation or refusal for the scheduled

Booking by the Driver or the Rider. Further, the Driver agrees that such cancellation or refusal for

completion of a scheduled Booking by the Driver or the Rider due to any delays by the Driver, may

lead to a deduction in the form of withholding of part or whole of the Daily Adjusted Consideration

Amount (as defined in Clause 13.3) by Blu Smart.

12.1.22 The Driver agrees that he/ she shall not (a) cancel any the Booking assigned to him/ her on the

Driver Application; and (b) Refuse to start/complete the Booking and/ or indicate/ communicate in

any manner to the Booking that he/ she will not pursue such Booking.

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12.1.23 The Driver shall, at all times, ensure the safety and security of the Riders and of the assigned

Vehicle. In case of any accident, damage to life or property, the Driver shall bring the same to the

immediate notice of the Company as well as Blu Smart. Additionally, the Driver shall ensure that a

first information report (“FIR”) in relation to the accident or casualty is filed by the Driver with the

nearest police station in the local jurisdiction within 2 (Two) hours from the time of accident/casualty.

12.1.24 The Driver agrees that the costs associated with the maintenance of the Vehicle shall be borne by

the Driver or the Vehicle Provider (if applicable).

12.1.25 The Driver shall be solely responsible for:

(a) any failure to complete a Booking accepted by the Driver;

(b) any failure to pick up Rider(s) at the allotted time and/or place;

physical or harassment of any nature;

(d) any violation or non-adherence to the Applicable Law by it;

(e) any nuisance or damage caused to the property of Blu Smart by the Driver or any misbehavior

with Blu Smart representatives; misbehavior shall include within its purview using abusive

language, causing physical harm and making indecent gestures;

(f) any physical and/or mortal danger caused to the Rider whilst using or in connection with the

Transportation Service;

(g) any delay of more than 10 (ten) minutes caused to the Rider(s);and

(h) charging excess Total Ride Fee from the Rider or charging the Rider more than what is displayed

on the meter.

12.1.26 The Driver, shall not either directly or indirectly:

(a) engage in any conduct that damages the reputation or causes inconvenience in any manner, to Blu

Smart; or

(b) be the reason for Blu Smart to be a part of any negative publicity.

12.1.27 The Driver hereby agrees that any complaint/s by Rider regarding the Vehicle or Driver will be

considered to be a breach of the obligations by the Driver hereunder for which Blu Smart shall not be

responsible in any manner. If there is any serious complaint regarding any particular Vehicle and/or

Driver, Blu Smart may, in its sole discretion, immediately terminate the Account of such Driver, by

providing a written notice to Driver to this effect.

12.1.28 Driver will maintain all relevant books, records and accounts relating to the Transportation Services

provided by Driver and payments collected. Upon reasonable notice, Blu Smart may audit, or may

appoint a qualified independent auditor to audit, the books and records of the Driver to verify the

accuracy of the amount of payments collected by the Driver. If such audit reveals any discrepancies

with respect to the payment collected and submitted to Blu Smart, then in addition to Blu Smart

retaining the right to exercise other remedies, may require the Driver to promptly pay Blu Smart an

amount equal to the discrepancy and may ask for an additional amount as Fine from the Driver.

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12.1.29 Blu Smart may require the Driver to affix Blu Smart brand including but not limited to its

logo/sticker on the Vehicle. In such event, Driver shall extend all necessary support and assistance to

Blu Smart for affixing Blu Smart brand on the Vehicle. It is hereby clarified that Driver will not be

entitled for any additional payments for the Blu Smart logo / sticker affixed on the Vehicle, if any.

13. PAYMENT

13.1 The Company shall endeavour to provide Target Daily Rides to the Driver in respect of a

particular Daily Shift or to pay a fixed amount of communicated time to time to the Driver

towards the performance of the Transportation Services in a Daily Shift (“Daily Commitment

Amount”).

13.2 In respect of the provision of the Transportation Services during a Daily Shift by the Driver to

the Riders, the Driver shall be entitled to receive from the Company the aggregate amount

arrived at after cumulating the Driver Fee collected in respect of all the Rides successful

completed by the Driver in a particular Daily Shift (“Daily Earnings”).

13.3 The Company shall pay to the Driver in respect of each Daily Shift, the sum which is higher of

(i) the sum arrived at after deducting the amount paid by the Company to the Vehicle Provider

towards the license fee/lease rent payable in respect of the Vehicle and any other amounts due

and payable by the Driver under the terms of the agreement/arrangement entered into between

the Driver and the Vehicle Provider (including, inter alia, on account of breach of provisions

contained here, liquidated damages, compensation for repairs and accidents etc.) in respect of

which the driver has issued and undertaking in favour of the vehicle provider in accordance

with driver lease agreement from the Daily Earnings; or (ii) Daily Commitment Amount

(“Daily Adjusted Consideration Amount”).

13.4 The Company shall reconcile its account and records pertaining to the daily license fee amount

and Daily Earning on or before the end of every week for the previous week. Pursuant to the

same, the Company will make payment to the Driver of the aggregate amount of Daily

Adjusted Consideration Amount calculated in respect of each Daily Target Ride multiplied by

the number of Daily Shifts undertaken by the Driver in a calendar week (“Driver Weekly

Consideration Amount”). The Company shall pay to the Driver, on or before the end of every

week for the previous week, the Driver Weekly Consideration amount after deducting or

adjusting the any payment which accrues or becomes due from the Driver to the Company

(including, inter alia, on account of the Fine(s) or any breach by the Driver of terms of these

13.5 In case the Driver disputes Daily Adjusted Consideration Amount/Driver Weekly

Consideration Amount or has any objection pertaining to the payment and settlement thereof,

the Driver shall immediately notify Company of the same and such dispute shall be resolved by

the driver Grievance Officer (defined below) of the Company within [1] days.

13.6 The Driver hereby expressly authorizes the Company to set-off, deduct and withhold from the any

payments to be made, due or to become due and payable to the Driver under and in accordance with

these Terms of Use, any amount that is due (i) from the Driver to the Company under the terms of

these Terms of Use including, inter alia, payment of Fine, cancellation of the Ride, liquidated

damages, or those on account of breach of any terms of these Terms of Use, as determined by the

Company; and/or (ii) from the Driver to the Vehicle Provider towards the license fee/lease rent

payable in respect of the Vehicle and any other amounts due and payable by the Driver to the

Vehicle Provider in terms of and under the terms of the agreement/arrangement entered into

between the Driver and the Vehicle Provider (including, inter alia, on account of breach of

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provisions contained here, liquidated damages, compensation for repairs and accidents etc.), in

respect of which the Driver has issued an undertaking in favour of the Vehicle Provider.

13.7 The following terms shall apply to any/all payments as maybe due and payable to the Driver by the

Company or settling dues:

13.7.1 All payments due to the Driver shall be made through NEFT/RTGS etc., as mutually agreed from

time to time. The Driver shall provide his/her bank account details to the Company for the ease of

transfer of any/all payments due to the Driver by the Company.

13.7.2 You authorize Blu Smart to make deductions from the Driver Fee which includes the following:

(a) Tax Deduction at Source (TDS) as per the Income Tax Act, 1961, where applicable;

(b) service tax and other applicable taxes.

13.7.3 The terms in this Clause is subject to change and will be communicated to the Driver via SMS/call

to registered mobile number.

13.7.4 Blu Smart reserves the right to change the rates and payment terms between the Driver and Blu

Smart mentioned in this Clause at any given point in time, which shall be notified to the Driver.

14. DISCLAIMERS, WAIVER AND RELEASE

14.1 Except for Blu Smart’s limited role in processing payments Blu Smart is not involved in any

underlying transaction between the Rider, Driver, any other customer, merchant, bank, payment

processor, payment gateway or other third party.

14.2 The service is provided on an "as is" and "as available" basis. Blu Smart disclaims all warranties of

any kind whether express or implied including without limitation, any representation or warranty for

accuracy, availability, continuity, uninterrupted access, timeliness, sequence, quality, performance,

security, merchantability, fitness for any particular purpose, non-infringement or completeness.

Without prejudice to the forgoing paragraph, Blu Smart does not warrant that:

14.2.1 This Website: information, content, materials, product (including software) or Company’s Services

included on or otherwise made available to the Driver through the Website; their servers; or electronic

communication sent from Blu Smart are free of viruses or other harmful components; and

14.2.2 Nothing on the Website will constitutes, or is meant to constitute, advice of any kind.

14.3 The Driver furthermore acknowledges and accepts that Blu Smart may not encrypt any content or

communications from and to our Electronic Media.

14.4

You understand and acknowledge that Blu Smart disclaims and shall disclaim all representations

and warranties to the Rider, of any kind, whether express or implied as to condition, suitability,

quality, merchantability and fitness for any purposes in respect of any and all Vehicles of the

Driver that are used by the Riders as a part of the Company’s Services and Transportation Services

offered by the Driver through the Platform.

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14.5 THE EXCHANGE OF INFORMATION, PROVISION OF SERVICES, TRANSACTION BY AND

BETWEEN THE DRIVER AND RIDER IS DONE AT YOUR SOLE RISK, AND HENCE YOU

AGREE THAT THE COMPANY SHALL BE IN NO EVENT LIABLE FOR ANY INJURY,

LOSSES, CLAIM, DAMAGE OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR

CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR

OTHERWISE, WHICH ARISES OUT OF OR IS ANY WAY CONNECTED WITH THE

AFORESAID.

14.6 IN THE EVENT OF A DISPUTE BETWEEN THE DRIVER AND THE RIDER REGARDING

ANY TRANSACTION CONDUCTED VIA THE ELECTRONIC MEDIA, BOTH THE RIDERS

HEREBY RELIEVES THE COMPANY, ITS AFFILIATES, THEIR RESPECTIVE OFFICERS,

DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS FROM

ALL MANNER OF ACTIONS, CLAIMS OR DEMANDS AND FROM ANY AND ALL LOSSES

(DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL), DAMAGES, COSTS OR

EXPENSES, INCLUDING, WITHOUT LIMITATION, COURT COSTS AND ATTORNEYS'

FEES, WHICH A RIDER MAY HAVE AGAINST THE OTHER.

14.7 THE AFORESAID, DISCLAIMERS, WAIVERS, RELEASES, LIMITATIONS AND

EXCLUSIONS WILL APPLY REGARDLESS OF WHETHER THE CAUSE OF ACTION OR THE

LIABILITY ARISES IN LAWS, CONTRACT, TORT OR OTHERWISE.

15.

COMMUNICATION

15.1

When You use the Driver Application on Blu Smart’s Platform or send emails or other data,

information or communication to Blu Smart, You agree and understand that You are

communicating with Blu Smart through electronic records and You consent to receive

communications via electronic records from Blu Smart periodically and as and when required.

Blu Smart may communicate with You by email or by such other mode of communications,

electronic or otherwise.

15.2

You hereby expressly consent to receive communication from Blu Smart through Your

registered phone number and/or e-mail id. You consent to be contacted by Blu Smart via phone

calls/ SMS notifications. You agree that any communication so received by You from Blu

Smart will not amount to spam, unsolicited communication or a violation of Your registration

on the ‘national do not call registry’.

15.3

By registering with Blu Smart, You hereby agree to (i) provide Information that Blu Smart has

a legal duty to request from a Driver on account of the Know Your Customer norms under

Applicable Laws including without limitation your Permanent Account Number

(PAN);and(ii)undertake due diligence and update Yourself on Applicable Laws that may have

implications on Your liability as a Driver.

15.4

You acknowledge and agree that Your Information maybe transferred or stored in a server

outside India or the country where You are located in order to perform Blu Smart’s obligations

under these Terms of Use.

16. INDEMNIFICATION

In addition and not in derogation of the specific indemnities provided by you to the Company under

these Terms of Use and/or Company Policies, you agree to indemnify, defend and hold harmless the

Company and its affiliates, officers, directors, employees, consultants, representatives, shareholders,

contractors, users and agents etc. (“Indemnified Parties”) against any/all losses, liabilities, claims,

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damages, demands, costs and expenses (including legal fees and disbursements in connection

therewith and interest chargeable thereon) arising out of or in connection with any claim, suit, action,

or other proceeding brought against Indemnified Parties, to the extent such Losses are based on or

arising out of or in connection with: (a) any breach or non-performance or non-compliance of any of

the Terms of Use and/ or other terms and conditions of Platform with respect to use and access of the

Platform and/or providing Transportation Services on/through the Platform; (b) for truthfulness and

correctness of the information provided by the you at the time of registration and/ or providing the

Transportation Services; (c) any claim which the Rider and/or any third party may have with respect

to interaction, communication, dealing, dispute, and transaction between you and the Rider including

without limitation any damage to the Vehicle, injury to himself/herself, the Rider, pedestrians and/or

other people on road; (d) any content posted by the Rider on the Platform and Rider's use of the

Transportation Services available on or through the Platform; (e) any claim of third party due to, or

arising out of, or in connection with, your use of the Platform and/ or providing Transportation

Services to the Rider; (f) breach of any third party rights (including, but not limited to, claims in

respect of defamation, invasion of privacy, or infringement of any other intellectual property right) by

you.

17. LIABILITY

17.1

You shall be liable to indemnify and hold Blu Smart harmless against all damages, losses, costs

and expenses incurred by Blu Smart as a consequence of any complaint from any Rider received

by Blu Smart with respect to defective Transportation Service/(s).

17.2

In addition to the indemnification rights of Blu Smart under these Terms of Use, Blu Smart shall

also be entitled to such other remedies available under Applicable Laws.

17.3

Blu Smart shall not be responsible or liable for any loss or damage, howsoever caused or suffered

by the Driver arising out of the use of the Company’s Service offered by Blu Smart to the Driver

directly or indirectly, for any reason whatsoever, including but not limited to damage or loss

caused to You as a result of a Rider’s non-compliance, which includes, but is not limited to, any

incorrectly placed voice instructions, malfunction, partial or total failure of any network terminal,

data processing system, computer tele-transmission or telecommunications system or other

circumstances whether or not beyond the control of Blu Smart or any person or any organization

involved in the above mentioned systems. The Driver shall also be liable to Blu Smart for any

loss caused to Blu Smart due to the negligence of Driver or any unlawful act or omission in the

performance of the Transportation Service. Without prejudice to the above, Blu Smart shall not

be liable for any direct or indirect loss or damage, which may be suffered by the Driver as a result

of any failure by a Rider to show up within any stipulated time even if Blu Smart has agreed to

such timing or even if the Rider has advised Blu Smart of the possibility that he/she may not

show up within the stipulated time.

17.4 IN NO EVENT SHALL BLU SMART BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE,

INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES

WHATSOEVER, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT

LIABILITY OR OTHERWISE, EVEN IF BLU SMART HAS BEEN ADVISED OF THE

POSSIBILITY THEREOF.

17.5 IN ADDITION, AND WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT

PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL BLU SMART’s AGGREGATE

LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE OR THE

SERVICES RENDERED HEREUNDER, WHETHER IN CONTRACT, TORT (INCLUDING

NEGLIGENCE, PRODUCT LIABILITY, OR OTHER THEORY), WARRANTY, OR

OTHERWISE, EXCEED THE AMOUNT OF Rs. 1000/- (Rupees One Thousand only).

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17.6 If Applicable Law does not permit the exclusion of certain warranties or the limitation or exclusion of

liability, the scope and duration of such warranty exclusions and the extent of the liability of Blu

Smart shall be the minimum permitted under Applicable Law.

18. INTELLECTUAL PROPERTY OWNERSHIP

18.1 Blu Smart alone (and its licensors, where applicable) shall own all right, title and interest, including

all related intellectual property rights, in and to the Electronic Media and the Company’s Service and

any suggestions, ideas, enhancement requests, feedback, recommendations; text, graphics, user

interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer

code; or other information provided by the Driver or Rider or any other party relating to the Electronic

Media or the Company’s Service.

18.2 Third party trademarks may appear on this Electronic Media and all rights therein are reserved to the

registered owners of those trademarks. For use of any third party's intellectual property, Driver needs

to get permission directly from the owner of the intellectual property for any use.

18.3 These Terms of Use do not constitute a sale and do not convey to the Driver any rights of ownership

in or related to the Electronic Media or the Company’s Service, or any intellectual property rights

owned by Blu Smart. The Driver shall be solely responsible for any violations of any laws and for any

infringements of any intellectual property rights caused by use of the Electronic Media.

18.4 The Driver may use information on the Electronic Media purposely made available by Blu Smart for

downloading from the Electronic Media, provided that the Driver:

18.4.1 does not remove any proprietary notice language in all copies of such documents and make no

modifications to the information;

18.4.2 use such information only for Driver’s informational purpose and do not copy or post such

information on any networked computer or broadcast it in any media; or

18.4.3 does not make any additional representations or warranties relating to such information.

19. SUSPENSION AND TERMINATION

19.1 You agree that the Company, in its sole discretion and for any or no reason, may terminate the

account (or any part thereof) you may have with the Company or use of the Electronic Media and

remove and discard all or any part of your account or any content uploaded by you, at any time. The

Company may also in its sole discretion and at any time discontinue providing access to the Electronic

Media, or any part thereof, with or without notice. You agree that any termination of your access to

the Electronic Media or any account you may have or portion thereof, may be effected without prior

notice, and you agree that the Company will not be liable to you or any third party for any such

termination.

19.2 In addition to the reasons and the grounds of termination expressly provided for in these Terms of Use

above, the Company, in its sole discretion, reserves the right to terminate any account (or any part

thereof) or deny access to any account or remove and discard any content, for any reason, including,

without limitation:

19.2.1 registration of any account using false or misleading information; or

19.2.2 violation or inconsistent acts with the letter or spirit of the Terms of Use; or

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19.2.3 violation of any Applicable Laws.

19.3 You acknowledge and agree that the Company may immediately deactivate or delete your account

and all related information and files in your account and/or bar any further access to such files.

Further, you agree that the Company shall not be liable to you or any third-party for any termination

of your Account or denial of access. In the event of termination of your Account by the Company due

to any of the aforementioned reasons, the Company shall have the sole discretion to terminate or

cancel any of your past acts without any liability to the Company.

19.4 The Company does not permit copyright infringing activities on the Electronic Media and reserves the

right to terminate access to the Electronic Media and remove all content submitted by any persons

who are found to be infringers. Any suspected fraudulent, abusive, or illegal activity that may be

grounds for termination of your use of the Electronic Media may be referred to appropriate law

enforcement authorities. These remedies are in addition to any other remedies the Company may have

under law, contract and/or equity.

19.5 You may, by giving a written notice to us at the office, terminate or deactivate your account at any

time and/or remove any data or files uploaded by you on the account or request us to do the same.

Provided that such deactivation or termination either by you or by us will not prejudice any of your

past lawful acts on the Electronic Media.

19.6 Unless terminated in accordance with this Clause, the agreement between Blu Smart and the Driver

shall be for a duration of 5 years until terminated due to causes stated in this Clause.

19.7

The Parties to these Terms of Use shall be entitled to terminate these Terms of Use with a prior

written notice of 7(seven) Business Days to the other Party without assigning any reason for the

termination.

19.8

The Parties to these Terms of Use shall be entitled to terminate these Terms of Use for any

breach of any obligations, representations or warranties, or any other material terms as contained

in this Terms of Use by a Party which is not the Party proposing to terminate the Terms of Use at

the end of 5 (five) days from the intimation of such breach to the breaching Party, if such breach

is not rectified within 5 (five) days.

19.9

Upon termination of these Terms of Use in the manner set out in Clause 17.6. and 17.7above, the

registration of the Driver on the Driver Application shall stand cancelled and the Accounts hall

be terminated and the Vehicle Provider shall not be eligible to ply his Vehicle through the Driver

on the Platform.

19.10

Upon the expiry or early termination of these Terms of Use:

19.10.1

The Driver shall pay to Blu Smart all amounts due and owing to Blu Smart.

19.10.2

On the termination of Your registration, Blu Smart will settle the Driver Fee which have

become due to You on account of the Transportation Service to the Riders through the Platform

and for other activities agreed under these Terms of Use, prior to the date of termination.

19.10.3

Each party shall promptly return to the other party all property and materials including all

devices and including confidential information and materials, furnished to it by the other party

pursuant to these Terms of Use between the parties. Where the confidential information cannot

be returned in material form, the party shall destroy the other party’s confidential information.

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19.10.4

The parties shall cease acting in a manner that would imply a continuing relationship between

the parties and shall cease all marketing and other activities contemplated under these Terms of

Use. In connection with the marketing activities, on termination or expiration of the Terms of

Use, the Driver shall ensure that Blu Smart branding affixed / displayed on the Vehicle and / or

any other branding affixed/displayed on the Vehicle (as directed by Blu Smart and mutually

agreed between the Parties), if any, shall be immediately removed. If the Driver is unable to

remove the branding himself, Driver shall promptly approach Blu Smart’s nearest office for

removal of the branding. Blu Smart disclaims all liabilities, whether civil, criminal, tortious, or

otherwise, that may accrue as a consequence of continued use of any branding by the Driver

after expiry or termination of these Terms of Use.

19.11

Clauses 14 (Disclaimer), 16 (Indemnification), 17 (Limitation of Liability), 19 (Suspension and

Termination) and 20 (Dispute Resolution, Governing Law and Jurisdiction) shall survive the

expiry/termination of these Terms of Use in accordance with their terms.

19.12

ExpiryorearlierterminationofthisAgreementwillnotprejudiceanyrightsoftheParties that may have

accrued prior to expiry or termination.

19.13

Withoutprejudicetotheforegoing,theterminationofYourregistrationpursuanttoanyof the provisions

contained herein above shall not limit or otherwise affect any other remedy (including a claim for

damages), which Blu Smart may have, arising out of the event which gave rise to the right of

termination.

20. APPLICABLE LAW AND DISPUTE RESOLUTION

20.1 These Terms of Use are subject to the laws of India.

20.2 All disputes arising out of or in connection with the Terms of Use shall be attempted to be settled

through negotiation between senior management of the Company and the Driver. If any dispute

arising between the parties is not amicably settled within reasonable period of sixty (60) days of the

initiation of the aforesaid dispute resolution mechanisms, then, the same shall be resolved by

arbitration in accordance with the provisions of the Rules of Arbitration of the Indian Council of

Arbitration for the time being in force, which rules shall be deemed to be incorporated by reference in

this Clause 20. The dispute shall be referred to one (1) arbitrator to be appointed/ nominated jointly by

the Parties. The place of arbitration shall be New Delhi. The language of the arbitration will be

English. The decision of the arbitrator will be final, binding and incontestable and may be used as a

basis for judgment thereon in India or elsewhere. The Company and the Rider will bear its own costs

of the arbitration.

21. GENERAL

21.1 We are not liable for any infringement of copyright, trademark, patterns and/or any intellectual or

proprietary rights of any third party, arising out of contents and/or materials posted on or transmitted

through the Electronic Media or items advertised thereon.

21.2 We shall have no liability to you for any failure and/or delay in performance of Services or any

interruption or delay, to access the Electronic Media, if that failure and/or delay is due to reasons or

circumstances beyond our reasonable control (and the time for performance of the same shall be and

is extended accordingly). However, if we decide to grant you an indulgence on the performance of

any obligation under these Terms of Use, such indulgence shall not constitute waiver of any of our

rights.

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21.3 These Terms of Use and the Company Policies incorporated herein by reference constitute the entire

agreement between the parties with respect to the subject matter hereof and supersedes and replaces

all prior or contemporaneous understandings or agreements, written or oral, regarding such subject

matter.

21.4 The rights and obligations under the Terms of Use which by their nature should survive will remain in

full effect after termination or expiration of the Terms of Use.

21.5 If any provision of the Terms of Use becomes or is declared by a court of competent jurisdiction to be

invalid, illegal or unenforceable then such invalidity, illegality or unenforceability shall not affect the

validity of the other provisions of the Terms of Use, which shall remain in full force and effect.

21.6 No representation of our employees, officers or agents or those contained and advertised on the

Website or the Electronic Media shall represent an addition or amendment to these Terms of Use

unless the same has been set out in writing and signed by one of our directors.

21.7 You agree not to assign, transfer or novate your rights or obligations under these Terms of Use,

without our prior written consent, if applicable.

21.8 The laws of India will govern these Terms of Use. By accepting to these Terms of Use you agree to

irrevocably submit to the exclusive jurisdiction of the courts at New Delhi in respect of any disputes,

acts, matters or controversies arising as a result of breach of these Terms of Use those relating to the

validity, enforcement and/or interpretation of the terms of these Terms of Use.

21.9 Failure on our part to exercise or enforce any right or provision of these Terms of Use shall not

constitute a waiver of such right or provision.

21.10 No partnership, joint venture or relationship of employee/employer or franchisor/franchisee arises

between you and us by reason of these Terms of Use.

21.11 In our discretion we may serve any notice or communication on you by email, fax or mail. In the case

of notices sent by (a) fax, you will be deemed served at the time and date of dispatch and receipt of

confirmation regarding successful transmission of the fax; (b) email, you will be deemed served at the

time and date of receipt of such email by you; and (c) mail, you will be deemed served 5 (five)

business days after dispatch of the same.

21.12 The invalidity of any term of these Terms of Use shall not affect the validity of the other provisions of

these Terms of Use. If and to the extent that any provision of these Terms of Use is invalid, or is

unacceptable in the given circumstances, a provision shall apply between the parties instead that is

acceptable considering all the circumstances, taking into account the content and the purpose of these

21.13 Blu Smart may give notice by means of a general notice on the Electronic Media, or by electronic

mail to Driver’s email address or a message on Driver’s registered mobile number, or by written

communication sent by regular mail to Driver’s address on record in Blu Smart’s account information.

21.14 The Driver may contact Blu Smart by electronic mail to the compliance/ Grievance Officer at the

email address punit@blu-smart.com or by written communication sent by regular mail to

support@blu-smart.com.

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21.15 Blu Smart shall not be liable for any failure to perform any obligations under these Terms of Use, if

the performance is prevented, hindered or delayed by a Force Majeure Event and in such case its

obligations shall be suspended for so long as the Force Majeure Event continues.

22. GRIEVANCE OFFICER

Any complaints, abuse or concerns with regards to content and or comment or breach of these Terms

of Use shall be immediately informed to Mr. Punit K. Goyal ("Grievance Officer") through email at

punit@blu-smart.com with the electronic signature or in writing at the following address to:

Attn : Punit K. Goyal

Designation : Grievance Officer, Blu Smart Mobility Private Limited

Corporate Address : A-2, 12th Floor, Palladium Corporate Road, Prahladnagar, Ahmedabad –

380051, Gujarat