1. Introduction

Your privacy matters to Fasto Travels Limited (the “Company”, “we”, “Fasto”, or “us”).

Fasto Travels Limited (“Company”) provides technology-based services for (i) facilitating on-demand transportation services by the Partner (“Services“) between Captains and commuters by means of the Company’s website and the mobile application “Fasto” (” Portal“). The Services are provided by means of two-wheelers (“Vehicle“) offered by third-party vehicle operators or riders (“Drivers“) who wish to offer such Services through the Vehicles.

On the basis of the representations and warranties provided by the Driver, the Company has agreed to list the Vehicle(s) on the Portal to enable the Driver to provide the Services through the Portal in accordance with the terms and conditions as hereinafter provided (“T&Cs“).

 

2. General Terms

  1. The Driver must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18 years), to provide Services.
  2. The Company shall take the booking request and forward it to the Driver through an app-based device operating on GPS-GPRS based device installed in the Vehicle and the Driver is prohibited from accepting a ride through street hailing while using the Portal.
  3. The Company reserves the right to discontinue or introduce any of the modes of booking Vehicles and/or for providing services for the transmission of parcels. At no time whatsoever shall the Driver tamper, damage, open, or do anything to the parcels that he/she is not specifically permitted to do during the course of providing the Services.
  4. The Company may monitor and record calls made to the Users, for the purpose of training and improving customer care services, including complaint handling.
  5. The Driver shall not reject requests of services from a Customer, except when deemed absolutely necessary and/or under exceptional circumstances.
  6. The Captain warrants that the information it provides to the Company is accurate and complete. The Company is entitled at all times to verify the information that has been provided.
  7. The Driver will refrain from doing anything which the Company reasonably believes to be disreputable or capable of damaging the Company’s reputation and will comply with all applicable laws of the service country.
  8. The Driver shall not be permitted to operate on the Fasto-‘portal’ for more than 12 hours on a calendar day.
  9. The Driver consents to provide identity documents for police verification and background check by the Company.
  10. The Driver shall have to mandatorily undergo an induction online training program before onboarding with the Fasto platform.
  11. The Driver at the time of onboarding with the Platform undertakes that he/she has not been convicted within the past 3 years, for the offense of driving under the influence of alcohol or any cognizable offense, including fraud, sexual offenses, use of a motor vehicle to commit a cognizable offense, a crime involving property damage or theft, acts of violence, or acts of terror.
  12. The Driver shall not be allowed to operate without getting a medical examination and eye check through a medical institution prescribed by the Company.
  13. In relation to the Portal, the Captain agrees to:
    1. not authorize others to use his account on the Portal;
    2. not assign or otherwise transfer his account to any other person or legal entity;
    3. not use the Portal for unlawful purposes, including but not limited to sending or storing any unlawful material or for fraudulent purposes;
    4. not use the Portal to cause nuisance, annoyance, or inconvenience;
    5. not impair the proper operation of the network;
    6. not try to harm the Portal in any way whatsoever;
    7. not copy, or distribute any content on the Portal without written permission from the Company;
    8. keep secure and confidential the account password or any identification that the Company may provide to the Driver which allows access to the Portal;
    9. provide the Company with whatever proof of identity the Company may request.

The Company reserves the right to immediately terminate the use of the Portal by the Captain if he does not comply with any of the above rules.

 

2. Payment Terms

  1. The Company has the discretion to charge any such fees from the Driver as updated on the Portal from time to time.
  2. The Company charges a convenience fee from the commuters for providing the Services through the Drivers. Further, the Driver authorizes the Company to collect the service/travel fee (“Fare”) from the users on behalf of the Driver.
  3. If the Fare is collected in cash by the Driver it will get adjusted against the convenience fee.

 

3. Representations and Warranties

The Driver and the Company represent that:

  1. they have all requisite power and authority to, deliver and perform the obligations imposed herein;
  2. the execution and performance of the obligations do not and will not violate any provision of any existing agreement, law, rule, regulation, any order or judicial pronouncement which is applicable to each party;
  3. they have not been convicted by any court in Europe or any other country of any crimes including but not limited to involving moral turpitude.

The Driver hereby represents that:

  1. he has the requisite authority or assignment to drive the Vehicle and there are no restrictions with respect to the use of the Vehicle that will hinder the Driver from the performance of the Services using the Portal;
  2. he has all rights, licenses, and permits as may be required under applicable laws to perform the Service in accordance with these T&Cs;
  3. he is in compliance with the Motor Vehicles Act of the service country.
  4. he shall hold and keep updated/renewed licenses, insurance, and permits necessary for the use of the Vehicle.
  5. he shall not drive rashly, shall follow traffic regulations and all applicable laws during the performance of the Services, not consume liquor/cigarette/bidi, or any other kind of intoxicant while performing the Services, and 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 customer. The captain shall take all calls from the customer and the Company 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.
  6. he shall provide the services in a courteous and professional manner as reasonably expected by a service provider providing the Services.
  7. he shall at all times during which he is undertaking the Services, maintain dress, appearance, and hygiene codes.
  8. he shall perform its obligations with promptness and use reasonable care and skill and in accordance with standards of diligence, care, skill, quality, and integrity to be reasonably expected of an experienced and reputable provider of Services;
  9. he shall provide Services in accordance with all the specifications that may be prescribed and formulated by the Company from time to time;
  10. he shall follow all the SOPs that may be prescribed and formulated by the Company from time to time;
  11. he shall not carry any weapons, firearms, ammunition, explosive devices, or dangerous substances during the performance of the Services;
  12. he shall not seek any extra monetary compensation from the User for the completion of Services by way of tips;
  13. he shall not allow more than 1 (one) pillion rider on the Vehicle;
  14. he shall ensure that the Vehicle has a valid fitness certificate issued, insurance certificate, and pollution under control certificate and shall be operating under a permit granted under the relevant provision of the Motor Vehicle Act.
  15. he shall perform each pick-up and delivery in the most efficient manner possible and shall make his best efforts to adhere to the timelines prescribed.
  16. he shall also ensure the safety of packages is not compromised at the time of delivery.
  17. he shall not consume any alcoholic beverages or any other intoxicating/banned substances prior to or during the performance of the Services.
  18. he covenants that he shall promptly inform the Company in case his total earnings exceed or are expected to exceed the without-VAT limit in a financial year.

 

4. Relationship between the Parties

Independent Contractor: The Driver shall operate as and have the status of an independent contractor. The relationship between the Company and the Driver is on a principal-to-principal basis. The Company and the Driver are independent legal entities, and nothing in these T&Cs will be construed to create a partnership, joint venture, an association of persons, agency (disclosed or undisclosed), franchise, sales representative, or employment relationship between the Company and the Driver. It is clarified that the Driver will not have any right to conclude any contract for and/or on the behalf of the Company.

 

5. Drivers Information

  1. Fasto may collect Driver Information at the time of onboarding the Drivers, to establish the identity of the Drivers. Fasto reserves the right to store, process, access, and use the Driver Information for business purposes and needs, background check, verification, marketing, service, development, analytics, research, and any other purpose as Fasto may deem fit and in accordance with Applicable Law. The Driver hereby expressly consents to such collection and use of Driver Information.
  2. Subject to applicable laws, the Driver may provide to a third party, governmental agency, or judicial body, any Driver Information or information relating to the Driver, if there is a complaint, dispute, or conflict, including any accident involving a Driver on one hand and end-consumer, or a third party on the other hand;
  3. Driver Information” shall mean and include any personal data collected from the Captain including know your customer documents with Driver’s bank, copies of valid government-issued vehicle registration certificates, mobile number, bank account details, vehicle insurance copy, driving license, identity proof, residence proof, location data, proof of ownership of Captains’ Vehicle and any other information that Fasto may deem fit;

 

6. Confidentiality

The Driver shall keep confidential all data including customer details, market information, all work products and documents related thereto, and the contents of the Portal, and shall not sell or otherwise make that information available to any third parties. Except as otherwise agreed, the data of customers will be the exclusive property of the Company, and the Driver will not use the same for any purpose or distribute such data in any form or means except for the purpose of providing the Services and other than as permitted by the Company and shall keep it confidential at all times.

 

7. Indemnity

The Driver agrees to indemnify, defend and hold the Company harmless from and against any claim, liability, obligation, loss, damage, deficiency, assessment, judgment, cost, or expense (including, without limitation costs and expenses incurred in preparing and defending against or prosecuting any litigation, claim, action, suit proceeding or demand) of any kind or character, arising out of or in any manner incidental, relating, or attributable to any inaccuracy, breach, or failure by the Driver to perform its obligations under these T&Cs or the applicable laws in relation to the performance of the Services.

 

8. Disclaimer of Warranties

  1. THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY, OR COMPLETENESS OF THE SERVICES AND/OR THE PORTAL. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICE AND/OR THE PORTAL WILL BE SECURE, TIMELY, UNINTERRUPTED, OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM, OR DATA, (B) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY SERVICES, INFORMATION OBTAINED BY YOU THROUGH THE PORTAL WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS IN THE SERVICES AND/OR THE PORTAL WILL BE CORRECTED, OR (F) THE PORTAL OR THE SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (G) THE PORTAL TRACKS YOU OR THE VEHICLE USED BY THE CAPTAIN. THE PORTAL IS PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS. All conditions, representations, and warranties, whether express, implied, statutory, or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights, are hereby excluded and disclaimed to the highest and maximum extent. The Company makes no representation, warranty, or guarantee as to the reliability, safety, timeliness, quality, suitability, or availability of the Portal. You acknowledge and agree that the entire risk arising out of your use of the Portal remains solely and absolutely with you and you shall have no recourse whatsoever to the Company.
  2. The Portal may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications including the device used by you being faulty, not connected, out of range, switched off, or not functioning. The Company is not responsible for any delays, Service failures, damages, or losses resulting from such problems.

 

9. Liability and Limitation

  1. The Company is not liable to the Driver, for any condition, suitability, quality, merchantability, and fitness for any purposes in respect of the Portal or the services provided through the Portal and is not liable for any civil, criminal, tortious, or any other liability, that may accrue as a consequence of the use and access of the Portal.
  2. To the extent permissible under applicable laws, the Company is not liable for any civil, criminal, tortious, or any other liability, that may accrue as a consequence of the breach by the Service Provider (a) of the applicable laws in respect of the use of the Portal or providing the Services; (b) of the terms of the applicable licenses and permits that are issued by the transport authorities; (c) of the terms of these T&Cs; or (d) of the duty of care the Driver owes to the users of the Portals.
  3. The Company is not responsible for the behavior, actions, or inactions of the Driver, or the quality of the Vehicle. Any contract for the provision of a Vehicle is exclusively between the customer and the Driver and the Company is not a party to the same.
  4. All rights not otherwise claimed under these T&Cs or by the Company are hereby reserved. The information contained in this Portal is intended, solely to provide general information for the personal use of the reader, who accepts full responsibility for its use.
  5. The Company does not represent or endorse the accuracy or reliability of any information or advertisement contained on, distributed through, or linked, downloaded, or accessed from any of the services contained on the Portal, or the quality of any products, information, or other materials displayed or obtained by you as a result of any product, information or other materials displayed, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the service.
  6. The Driver shall not do the following:
    1. license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Portal in any way;
    2. modify or make derivative works based upon the Portal;
    3. create internet “links” or “frame” or “mirror” any application on any other server or wireless or internet-based device;
    4. reverse engineer or access the Portal in order to:
      1. design or build a competitive product or service,
      2. design or build a product using similar ideas, features, functions, or graphics of the Portal, or
      3. copy any ideas, features, functions or graphics of the Portal, or
      4. launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Portal.

 

10. Terms Related to Termination

  1. The contract between the Company and you is concluded for an indefinite period. You are entitled to terminate the Contract at all times by permanent deletion of the Platform installed on your mobile device, tablet, or any electronic device capable of using the Platform thus disabling the use by you of the Platform and the Service.
  2. The Company is entitled to terminate the contract at all times and with immediate effect (by disabling your use of the application and the Service) if you: (a) violate or breach any term of these Terms of Use, or (b) in the opinion of the Company, misuse of the Platform or the Service.
  3. The Company is not obliged to give notice of the termination of the contract in advance. After termination, the Company will give notice thereof in accordance with these Terms of Use.
  4. Neither party hereto shall be responsible for delays or failures in performance resulting from acts beyond its reasonable control and without its fault or negligence. Such excusable delays or failures may be caused by, among other things, strikes, lock-out, riots, rebellions, accidental explosions, floods, storms, acts of God, and similar occurrences.

 

11. Indemnity

You will indemnify and hold the Company harmless, from any and all claims, losses, liabilities, damages, expenses, and costs (including attorneys’ fees and court costs) which result from a breach or alleged breach of these Terms of Use by you.

 

12. Assignment

The Driver may not assign its rights or obligations under these T&Cs without the prior written approval of the Company.

 

13. Amendment

These T&Cs may be amended from time to time and as and when required, at the discretion of the Company.

 

14. Severability 

If any provision or any part of a provision of these T&Cs is invalid, unenforceable, or prohibited by applicable laws of the service country, such provision or part of the provision shall be severed from these T&Cs and shall be considered divisible as to the such provision or part thereof and such provision or part thereof shall be inoperative and shall not be part of the consideration moving between you and the Company hereto and the remainder of these T&Cs shall be valid and binding and of like effect as though such provision was not included herein.

 

15. Notices

  1. The Company may give notice by means of a general notice on the Portal, or by electronic mail to your email address on record in the Company’s account information, or by written communication sent by regular mail to the Driver’s address on record in the Company’s account information.
  2. The driver needs to send any notice to the email id: support@fasto.bike.