Biker Logistics Agreement

Independent Biker Logistics Subscription Agreement

For: Independent Biker Logistics Partners  ·  Governing Law: India  ·  Jurisdiction: Gurugram, Haryana

IT Act 2000 DPDP Act 2023 Arbitration Act 1996

CHAUFFIT LLP – INDEPENDENT BIKER LOGISTICS SUBSCRIPTION AGREEMENT

This Independent Biker Logistics Subscription Agreement (“Agreement”) is executed on this ___ day of _______, 20…

BY AND BETWEEN

CHAUFFIT LLP, a Limited Liability Partnership incorporated under the laws of India, having its registered office at 124-125 Ph-VI, Udyog Vihar, Sector-37, Gurugram, Haryana, India, hereinafter referred to as the “LLP”, “Platform”, or “CHAUFFIT” (which expression shall, unless repugnant to the context, include its successors and permitted assigns) (hereinafter referred to as the “First Party”);

AND

[Biker Name], residing at [Address], holding valid government-issued identification (Aadhar card/Pan Card no.) and driving license details (DL no.) as submitted during onboarding, hereinafter referred to as the “Biker”, “Biker Logistics Partner”, “Independent Service Provider”, or “Service Provider” (which expression shall include legal heirs, representatives, and permitted assigns) (hereinafter referred to as the “Second Party”).

The LLP and the Biker are individually referred to as a “Party” and collectively as the “Parties”.

ACCEPTANCE OF TERMS

By accessing, browsing, registering for, or using the LLP’s website, application, products, or services (“Services”), the Service Provider acknowledges that they have read, understood, and agreed to be legally bound by these Terms and Conditions stated in the present agreement.

If the Service Provider does not agree with any part of Terms stated in the Present Agreement, the Service Provider must immediately discontinue use of the platform or avail any of the Services.

As the present Agreement shall operate as a binding agreement between the Parties, in respect to the services of the Platform.

Your acceptance of the present terms and conditions shall be deemed to include Service Provider’s acceptance of the privacy policy available at https://chauffit.in/chauffit-privacy.html

Contents

  1. Purpose
  2. Nature of Relationship
  3. Limited Role of Biker Logistics Partner
  4. Limited Access to Information
  5. Data Privacy and DPDP Compliance
  6. Eligibility and Onboarding
  7. Service Obligations
  8. Payments
  9. Limitation of Liability
  10. Indemnity
  11. Confidentiality
  12. Account Suspension and Termination
  13. Electronic Acceptance
  14. Intellectual Property
  15. Governing Law, Jurisdiction and Dispute Resolution
  16. Entire Agreement
  17. Force Majeure, Amendment and Assignment
  18. Acknowledgement

1. Purpose

1.1 CHAUFFIT operates a technology-based platform facilitating chauffeur-cum-driver services for Users through independent Drivers.

1.2 For smooth operational functioning, CHAUFFIT engages independent biker logistics partners for the limited purpose of transporting Drivers from one designated location to another designated location before, during, or after service bookings.

1.3 The Biker shall solely perform pick-up and drop-off transportation services for Drivers and shall not provide chauffeur services to Users/customers.

1.4 The Biker shall have legally registered bike in his own name or his friend's/relative's name (legal identity proof needs to be attached) with proper legal documentation along with pollution certificate and time to time full service of bike (to securely check fuel tank, tire quality, break and gear quality, etc.).

1.5 This Agreement governs the Biker’s access to and use of the CHAUFFIT platform and related services.

2. Nature of Relationship

2.1 The Biker acknowledges and agrees that:

  • The Biker is an independent service provider and not an employee, agent, partner, representative, or worker of CHAUFFIT;
  • Nothing contained herein shall create an employer-employee relationship;
  • The Biker shall independently determine the manner of rendering services subject to platform policies;
  • The Biker shall not represent himself/herself as an employee or authorized representative of CHAUFFIT.

2.2 The Biker shall be solely responsible for all statutory, tax, labour, and regulatory compliances applicable to independent service providers.

2.3 The Biker shall not be entitled to any employee benefits including provident fund, gratuity, bonuses, insurance, leave, or compensation from CHAUFFIT.

2.4 The Biker shall be solely responsible for all the expenses incurred while rendering his services (no allowances will be provided) along with challans or expenses incurred due to accident, or in any case, during the course of his/her rendering services.

3. Limited Role of Biker Logistics Partner

3.1 The Biker expressly acknowledges that his/her role is strictly limited to transportation of Drivers between designated locations allocated through the Platform.

3.2 The Biker shall not:

  • Interact with or contact the User/customer except where operationally unavoidable;
  • Seek, access, collect, store, copy, disclose, or misuse any User/customer information;
  • Ask the Driver or User for trip details unrelated to biker transportation;
  • Claim any right over customer data or trip information.

3.3 The Biker shall have no right, title, claim, or beneficial interest in any customer information, trip information, platform data, or operational records.

4. Limited Access to Information

4.1 For operational, safety, security, and compliance purposes only, the Biker may be provided limited trip-related information strictly on a need-to-know basis.

4.2 The Biker shall only receive the following limited information:

  • Name of the Driver;
  • Contact number of the Driver;
  • Pick-up location of the Driver;
  • Drop-off location of the Driver.

4.3 The Biker shall not receive access to:

  • User/customer name;
  • User/customer contact details;
  • User/customer address beyond operational necessity;
  • Vehicle ownership details;
  • Trip fare details;
  • Payment information;
  • User personal data;
  • Ride history;
  • Any other personal or sensitive personal data.

4.4 The Parties acknowledge that such limited disclosure is necessary for safety, operational coordination, fraud prevention, and lawful compliance under the Digital Personal Data Protection Act, 2023 (“DPDP Act”).

5. Data Privacy and DPDP Compliance

5.1 The Biker acknowledges that all User/customer information, Driver information, and platform data constitute confidential personal data protected under applicable laws including the Digital Personal Data Protection Act, 2023.

5.2 The Biker agrees and undertakes that he/she shall:

  • Use limited information solely for completion of allocated biker logistics services;
  • Maintain strict confidentiality of all information received through the Platform;
  • Not record, save, copy, share, publish, transfer, sell, or disclose any data;
  • Not contact Drivers or Users for unauthorized purposes;
  • Not retain screenshots, call records, addresses, or location details after completion of service;
  • Immediately report any accidental access, data breach, or unauthorized disclosure to CHAUFFIT.

5.3 The Biker shall implement reasonable security practices to prevent misuse, leakage, or unauthorized disclosure of information.

5.4 Any unauthorized disclosure, misuse, retention, or processing of data by the Biker shall constitute a material breach of this Agreement and applicable law.

5.5 The Biker shall be solely liable for all legal, regulatory, civil, or criminal consequences arising from violation of privacy or data protection obligations.

6. Eligibility and Onboarding

6.1 The Biker represents and warrants that:

  • He/she possesses a valid and subsisting driving license;
  • He/she is legally competent to enter into this Agreement;
  • All documents and information submitted are true and accurate;
  • He/she has no criminal background affecting provision of services.

6.2 CHAUFFIT may conduct background verification, police verification, KYC verification, and document verification at its discretion.

6.3 CHAUFFIT reserves the right to reject, suspend, or terminate onboarding without assigning any reason.

7. Service Obligations

The Biker agrees and undertakes to:

  • Perform services professionally, safely, and lawfully;
  • Maintain punctuality and proper conduct;
  • Follow traffic rules and applicable laws;
  • Keep GPS/location services active while logged into the platform;
  • Maintain proper hygiene and professional behavior;
  • Avoid reckless or negligent driving;
  • Carry valid identification and license while performing services;
  • Not consume alcohol, narcotics, or intoxicants while rendering services;
  • Cooperate with Drivers and CHAUFFIT operational staff.

The Biker shall not:

  • Misbehave with Drivers, Users, or platform representatives;
  • Use abusive, threatening, or harassing language;
  • Solicit business outside the platform;
  • Share account credentials;
  • Engage in fraudulent activity or fake trips;
  • Use customer information for personal purposes.

8. Payments

8.1 Payments for completed biker logistics services shall be processed through the Platform subject to deductions including commissions, taxes, penalties, subscription charges, or applicable fees.

8.2 CHAUFFIT may revise payout structures, incentives, or commissions from time to time.

8.3 The Biker shall be solely responsible for payment of taxes and statutory dues applicable to him/her.

9. Limitation of Liability

9.1 CHAUFFIT acts solely as a technology intermediary platform.

9.2 CHAUFFIT shall not be liable for:

  • Accidents, injuries, theft, or damages occurring during services;
  • Conduct of Drivers, Users, or third parties;
  • Road conditions or traffic situations;
  • Technical failures, delays, or cancellations;
  • Loss of earnings or indirect damages.

9.3 The Biker provides services entirely at his/her own risk.

10. Indemnity

The Biker shall indemnify and hold harmless CHAUFFIT, its partners, officers, employees, and affiliates against all claims, losses, liabilities, penalties, damages, costs, or legal proceedings arising out of:

  • Breach of this Agreement;
  • Violation of applicable law;
  • Data privacy violations;
  • Unauthorized disclosure of information;
  • Negligent or unlawful conduct;
  • Injury, loss, or damage caused by the Biker.

11. Confidentiality

11.1 The Biker shall maintain strict confidentiality regarding:

  • Driver information;
  • User/customer information;
  • Platform operations;
  • Pricing structures;
  • Operational procedures;
  • Business practices;
  • Platform technology and software.

11.2 The confidentiality obligations shall survive termination of this Agreement.

12. Account Suspension and Termination

12.1 CHAUFFIT may suspend, restrict, or terminate the Biker account immediately in cases including:

  • Misuse of information;
  • Data privacy breach;
  • Unsafe driving;
  • Fraudulent conduct;
  • Criminal complaints;
  • Violation of platform policies or law.

12.2 Upon termination:

  • Platform access shall immediately cease;
  • Pending investigations may continue;
  • Outstanding liabilities shall survive termination.

13. Electronic Acceptance

13.1 By clicking “I Agree”, “Accept”, or similar electronic acceptance options on the Platform, the Biker electronically accepts and executes this Agreement. With that, a digital signature is required for the purposes of DPDP Guidelines, by which it shall be proved that the driver has accepted this agreement and terms and conditions with his free will.

13.2 Such acceptance shall constitute valid electronic consent under the Information Technology Act and also valid consent under DPDP Act.

13.3 Electronic records, OTP logs, timestamps, device logs, and audit trails maintained by CHAUFFIT shall constitute valid evidence of acceptance.

14. Intellectual Property

14.1 All intellectual property rights relating to the CHAUFFIT platform, application, software, logos, trademarks, and systems shall remain the exclusive property of CHAUFFIT.

14.2 The Biker shall not himself/herself or in conspiracy with third party, copy, reproduce, reverse engineer, or misuse any intellectual property belonging to CHAUFFIT or third-party service provider.

15. Governing Law, Jurisdiction and Dispute Resolution

  • This Agreement shall be governed by and construed in accordance with the laws of India.
  • Courts at Gurugram, Haryana shall have exclusive jurisdiction.
  • Any dispute arising out of or relating to this Agreement shall first be attempted to be resolved amicably.
  • Failing settlement, disputes shall be referred to arbitration under the Arbitration and Conciliation Act, 1996.
  • The seat and venue of arbitration shall be Gurugram, Haryana, India.

16. Entire Agreement

This Agreement constitutes the complete understanding between the Parties and supersedes all prior communications, discussions, or arrangements.

17. Force Majeure, Amendment and Assignment

  • CHAUFFIT shall not be liable for delay or failure in performance arising due to events beyond reasonable control including natural disasters, internet outages, strikes, governmental actions, technical failures, pandemics, or civil disturbances.
  • CHAUFFIT may amend the provisions of this Agreement and Exhibits annexed to this Agreement at its own discretion and shall notify such amendments to the Independent Biker Logistics.
  • Neither this Agreement nor any of the rights, interests or obligations hereunder shall be assigned by the Independent Biker Logistics to any third party, without the prior written consent of LLP. CHAUFFIT may, at its sole discretion, assign the rights, interests or obligations hereunder to any person whosoever.

18. Acknowledgement

The Biker acknowledges that:

  • He/she has carefully read and understood this Agreement along with the language used in this agreement;
  • He/she voluntarily agrees to all terms;
  • He/she understands the limited nature of biker logistics services;
  • He/she acknowledges restrictions regarding customer information and data privacy obligations;
  • Electronic acceptance shall constitute legally binding consent.

FOR CHAUFFIT LLP

Authorized Signatory: ____________________

Name: ____________________

Designation: ____________________

Date: ____________________

BIKER LOGISTICS SERVICE PROVIDER

Name: ____________________

Signature / Electronic Acceptance: ____________________

Date: ____________________

Exhibit A – Details of Independent Biker Logistics

1. Information to be provided:

  1. Name:
  2. Permanent Address:
  3. Current Address:
  4. Phone no.:
  5. Email id:
  6. Bank Account details of the Independent Biker Logistics (Bank name, account number and IFSC Code);
  7. Bank Account details of the Beneficiary (if any);
  8. Contact details of 2 (two) family members of the Independent Biker Logistics; and
  9. Such other documents/ information as may be required by CHAUFFIT

2. Documents to be provided:

  1. A passport size photograph of the Independent Biker Logistics;
  2. Copy of valid Driving License of driver
  3. Copy of registry certificate (RC) along with third-party insurance, pollution certificate and latest service record of the vehicle/bike.
  4. Self-attested copy of PAN Card of Independent Biker Logistics;
  5. Copy of residential proof such as utility bill, ration card, passport etc. of the Independent Biker Logistics’ and bikers employed by Independent Biker Logistics to provide services on CHAUFFIT Portal/platform;
  6. Such other documents/information as may be required by CHAUFFIT.