SERVICE AGREEMENT
This Service Agreement (hereinafter referred to as the “Agreement”) is made and executed on this ___ day of _____202__( hereinafter referred to as the “Execution Date” or “Effective Date”).
| Location | Ahmedabad |
| First Party | Myzek Logistics Pvt. Ltd., through its Authorised Signatory Registered Office : Shop No. 418, Matrix Plaza, Opp. Umiya Timber Vinzol Vatva Road, Vatva Daskroi, Gujarat - 382 445. (hereinafter referred to as “Dropon”, which expression, if the context otherwise requires, shall mean and include its successors, assigns and Affiliates.) |
| Second Party | Name: Age: Years Address: PAN No.: Aadhar No.: Driving License Number: Mob. No.: Email ID: (As per the documents provided and attached to the Agreement. The Second Party represents that the Second Party has valid driving license; is above the age of 18 years and is competent to execute this Agreement.) (Hereinafter referred to as “Rider”, which expression, if the context otherwise requires, shall mean and include its successors and assigns) |
| Recitals | WHEREAS, Dropon is an on-demand logistics service provider engaged in the business of intracity on-demand and last-mile delivery services under the brand name "Dropon." Committed to the principles of green logistics, Dropon emphasizes sustainable practices in its operations. Additionally, Dropon offers riders the opportunity to provide delivery services using their own vehicles by registering them with Dropon, eliminating the need to rent vehicles from the company. As part of its innovative approach and advancing eco-friendly logistical solutions through its App, Dropon offers Riders to rent electric vehicles purchased by Dropon, to transport goods and articles of Dropon’s Customers, from one place to another; Dropon avails services of Riders in the course of its regular business; Rider is an individual who is not an employee of Dropon but an independent vehicle operator and/or driver, who is desirous of renting an EV from Dropon or getting his personal vehicle registered with Dropon by agreeing to make himself available for the logistical services of Dropon provided through the App, for the purposes as stated herein, based on the terms and conditions of this Agreement and the Terms of Services agreed to by and between the Parties. |
(Dropon and the Rider may hereinafter referred to in this Agreement individually as a “Party” and collectively as the “Parties”.)
This Agreement constitutes an electronic record as outlined under the Information Technology Act, 2000, and all relevant statutory amendments. As a fully digital document, generated by Dropon’s automated and secure system, this Agreement is legally binding and does not require physical or digital signatures from any party. By electronically accepting this Agreement, the Rider agrees to be bound by all terms specified herein. Dropon reserves the right to enforce this electronic Agreement in accordance with applicable electronic contract regulations to uphold the Agreement’s legal enforceability. The Rider’s electronic acceptance signifies their understanding and acknowledgment of Dropon’s intent to protect its operational integrity and to secure this electronic Agreement’s binding nature, and the Rider expressly waives any right to dispute its enforceability on the grounds of its electronic format.
By accepting this Agreement electronically, the Rider explicitly agrees to be bound by all terms, conditions, and obligations within this document. This Agreement is legally binding from the Rider’s moment of acceptance, governing their engagement with Dropon for the provision of Services. Continued access to Dropon’s services signifies ongoing acceptance, even in light of future modifications. The Rider acknowledges that compliance with these terms is crucial to their engagement with Dropon, and any non-compliance may lead to suspension or termination of access to Dropon’s platform. Dropon reserves the exclusive right to interpret and enforce each provision within this Agreement, ensuring alignment with operational standards, service integrity, and regulatory compliance. By agreeing to these terms, the Rider waives any future right to contest the enforceability of this Agreement due to its electronic nature or specific provisions, underscoring Dropon’s right to uphold compliance rigorously. Furthermore, the Rider agrees to adhere to Dropon’s Privacy Policy as available on its official website, with continued platform use implying the Rider’s consent to the collection and processing of personal information as specified within the Privacy Policy.
2.2.1. Aadhar Card
2.2.2. PAN Card
2.2.3. Valid Driving License
2.2.4. Six months bank statement
2.2.5. One passport-sized photograph
2.2.6. Recent electricity bill as proof of residence
Riders are obligated to provide complete, accurate, and truthful information during the registration process and throughout the duration of their engagement with Dropon. This includes all relevant details about services offered and any information related to their performance as a Rider. Withholding or misrepresenting any information that could impact service delivery or compliance with this Agreement is strictly prohibited and may lead to significant repercussions. In the event of inaccurate or incomplete information, Dropon reserves the right to take corrective measures, including suspension or termination of the Rider's account and services. The integrity of information is crucial for maintaining a reliable and efficient service environment, and Riders are expected to uphold this responsibility at all times.
Each Rider is permitted to maintain only one active registration with Dropon at any given time. This registration is designated solely for the individual who completed the registration process and is not transferable under any circumstances. The Rider understands that maintaining multiple registrations is strictly prohibited, and any attempt to create additional accounts will be subject to review and potential action by Dropon. This policy is designed to ensure clarity in the Rider network, maintain operational efficiency, and prevent any conflicts arising from multiple registrations. Violations of this provision may result in deregistration or other penalties deemed appropriate by Dropon.
Riders acknowledge and agree that they may be subject to background checks and driving record verifications as required by Dropon from time to time. These verifications are essential to ensure compliance with safety and operational standards within the Rider network. By accepting this Agreement, Riders consent to Dropon conducting these checks as deemed necessary, understanding that any adverse findings may affect their eligibility to continue providing services on the Dropon platform. Cooperation in this process is vital, and failure to comply may result in actions, including suspension or termination of the Rider’s registration with Dropon.
Riders must possess and maintain all valid vehicle-related documents throughout the term of this Agreement. This includes, but is not limited to, comprehensive insurance coverage, registration documents, driving license and any other documentation required by applicable laws and regulations. Additionally, Riders are responsible for collecting and retaining all necessary documents related to each consignment if any, such as invoices, goods descriptions, and any customer-provided insurance documents, prior to transporting any consignment. Failure to comply with these documentation requirements may result in the compensation alongwith suspension or termination of the Rider's registration with Dropon.
Riders agree to actively participate in Dropon’s rating process, established to evaluate service quality and ensure a dependable, efficient platform. This system is a critical performance measure and reflects the Rider’s alignment with Dropon’s standards. Should a Rider’s rating fall below the acceptable threshold or if Dropon receives negative feedback or criticism due to the Rider’s actions, Dropon reserves the right, at its sole discretion, to suspend or terminate the Rider’s access without prior notice. Maintaining a high standard of performance is essential to continue service on Dropon’s platform and to safeguard Dropon’s reputation.
Riders are required to ensure their device is available and accessible for tracking purposes throughout the entire pickup and delivery process. Continuous device accessibility allows Dropon to monitor location and progress, contributing to a reliable and transparent service experience for customers. Situations such as extended periods on another call, a switched-off phone, or any device unavailability that disrupts tracking may lead to deductions from the Rider’s payable amounts. These deductions may be applied to compensate for any customer refunds that result from service interruptions, with Dropon retaining full discretion over such compensatory measures. This clause emphasizes the importance of uninterrupted tracking for optimal service fulfillment.
While the responsibility for statutory documentation, such as GST invoices and E-way bills, rests primarily with the customer, the Rider is obligated to ensure that all necessary documents if needed are collected from the customer prior to initiating transport. This requirement is essential for legal compliance during service and protects both Dropon and the Rider from potential regulatory issues. Failure to obtain and verify these documents before commencing transport may expose the Rider to legal consequences, for which the Rider bears full responsibility. This provision underscores the Rider's role in upholding compliance as part of Dropon’s service standards.
The Rider is required to maintain valid and comprehensive vehicle insurance throughout the entire duration of this Agreement. This insurance must fully cover the vehicle used for Dropon Services, protecting against any risks, liabilities, or potential damages that may arise during transport. In addition, the Rider must collect and securely retain all relevant consignment documents—such as invoices, goods descriptions, and any customer-provided insurance documents—before initiating any transport activities.Failure to uphold these insurance and documentation standards will result in immediate action by Dropon, including possible suspension or termination of Rider Services. Dropon reserves the right to enforce this requirement strictly, ensuring that all Riders operate under compliant and legally sufficient conditions.
TERMINATION
The Rider acknowledges that this Agreement can be terminated by either party as specified within the relevant clauses herein. Termination may occur under circumstances such as breach of terms, failure to comply with obligations, or mutual consent to dissolve the Agreement. Both parties are responsible for adhering to the procedures for termination as detailed in this Agreement. Upon termination, the obligations that are intended to survive the end of the Agreement, such as confidentiality or liability provisions, non-defamation post-termination shall remain in effect. This structured approach ensures that both parties are aware of their rights regarding termination and reinforces the importance of adhering to the established conditions throughout the duration of this Agreement.
Dropon reserves the exclusive right to terminate this agreement at its sole discretion, without prior notice, if the rider is found in violation of any law, breaches any term of this agreement, or engages in any form of misconduct. This immediate termination is crucial for protecting Dropon's goodwill and business operations, as the rider directly represents Dropon to its customers. Dropon is under no obligation to provide any prior warning or opportunity for the rider to correct their behavior. In the event of termination, Dropon may deactivate or suspend the rider's access to its platform without notice.
The rider has the right to terminate the agreement without serving a notice period, provided that the termination is made in good faith and for genuine reasons. The rider must not commit any wrongful acts or misconduct prior to leaving Dropon, and any such actions must be disclosed to Dropon. In the event that the rider engages in misconduct, either with Dropon or its customers, and subsequently attempts to terminate the agreement to avoid responsibility, Dropon reserves the right to take legal action for the damages caused.
Dropon maintains high standards of performance and reserves the absolute right to terminate your contract if your performance negatively impacts the company's reputation, ratings, or customer satisfaction. The performance expectations are explicitly linked to customer feedback, behavior, service quality, and adherence to Dropon's policies. If you consistently receive low customer reviews, generate frequent complaints regarding your conduct, or fail to meet service quality standards, Dropon may consider your performance detrimental to the brand's image. Additionally, acts or omissions on your part, such as being late for rides, behaving unprofessionally, or refusing service, which result in customer dissatisfaction or a decline in Dropon’s ratings, will trigger immediate contract termination. Upon termination, Dropon will revoke your access to the rented vehicle, reclaim it, and seek damages for any harm caused to its reputation or financial standing. This termination is effective immediately, without the need for prior notice, and Dropon reserves the right to pursue legal remedies for any resultant losses. Maintaining high standards is essential to sustaining Dropon’s brand value, and any deviation from these standards will not be tolerated.
CIRCULARS
The rider is obligated to stay informed of all internal communications, updates, and circulars issued by Dropon. These circulars may contain important instructions regarding changes in policies, procedures, or expectations. It is the rider’s responsibility to regularly check for notifications and ensure compliance with any updates. Dropon will not accept any excuses or claims of missed notifications, as the rider is expected to maintain active notification settings at all times.
a. The rider acknowledges and agrees that all official circulars, updates, or policy changes made by Dropon shall be communicated through its designated channels. The rider is obligated to accept every circular issued by Dropon unless a valid objection is raised within 24 hours of the circular’s publication. Failure to raise any objections within this period will be deemed as the rider's full and unconditional acceptance of the updated terms.
b. Should the rider wish to object to a specific circular, they may do so by providing a detailed, legitimate reason. However, if the rider is unwilling to comply with the updated terms and feels unable to continue with the agreement under the new conditions, they retain the right to terminate the agreement without penalty, provided that proper procedures for termination are followed.
c. In instances where Dropon, at its sole discretion, finds that the objection raised by the rider cannot be accommodated, Dropon reserves the full and unconditional right to terminate the agreement immediately without any further notice. This ensures that Dropon can maintain operational consistency and safeguard its business interests without delays arising from prolonged objections.
d. Furthermore, the rider agrees to regularly review and stay updated on all circulars issued by Dropon. No claims or grievances will be entertained if the rider fails to stay informed of such communications. The rider is also advised to keep their notifications active to avoid missing any important updates.
e. This clause underscores the necessity for immediate compliance with Dropon's evolving policies and emphasizes that any lack of objection within the designated timeframe implies the rider’s consent to the updated terms.
Any changes or amendments to this agreement shall be communicated exclusively through an official circular issued by Dropon. Upon receiving such a circular, the rider is given a strict 24-hour period to raise objections regarding the modifications. Objections must be submitted in writing within the 24-hour window; any objections raised after this period will not be considered. In the event the rider objects within the allotted time, Dropon may, at its sole discretion, decide whether or not to entertain the objection. If Dropon decides not to entertain the objection, the rider is granted the right to terminate this agreement immediately. However, it is expressly understood that Dropon does not impose any compulsion on the rider to continue working under the revised terms. The rider’s decision to object will not be used against them, but Dropon maintains complete authority over the final implementation of any circular. Termination of the agreement, if exercised by the rider, must be done promptly after Dropon’s decision is communicated, ensuring that all liabilities and dues are settled as per the original terms.
AMENDMENTS
23.Right to Amend Terms and Conditions
Dropon reserves the sole discretion to change, modify, add, or remove terms and conditions governing the use of its services at any time. Such amendments may be introduced to align with business objectives, regulatory requirements, or operational enhancements essential to platform integrity and service quality.
By providing electronic acceptance, the Rider acknowledges that they have thoroughly reviewed, understood, and agreed to all terms within this Agreement. This binding Agreement governs all Rider activities conducted on the Dropon platform, covering both existing and any future services Dropon may introduce or modify. Dropon requires all Riders to comply strictly with this Agreement to maintain a secure and efficient platform, and the Rider’s acceptance of these terms signifies their commitment to adhere to Dropon’s policies without exception. Dropon retains the right to monitor and enforce compliance measures as necessary, reserving the authority to address any Rider conduct that may negatively impact Dropon’s operations or reputation. The Rider’s agreement with these terms includes acknowledgment of Dropon’s authority to impose these rules fully, ensuring a responsible and safe environment on the platform.
The Rider agrees that any amendments, updates, or new terms introduced by Dropon to this Agreement shall automatically be binding upon notification or posting circular on the Dropon platform. Such changes may include regulatory adaptations, remuneration, enhancements in security protocols, or modifications to operational procedures. The Rider’s continued use of Dropon’s services after these updates signifies their acceptance of all changes without the need for additional express consent. Dropon reserves the right to make amendments available on the platform, and the Rider acknowledges their responsibility to stay informed of these updates. This right to modify the Agreement reflects Dropon’s commitment to evolving business requirements and regulatory standards, ensuring high-quality service and security. The Rider’s adherence to each update is essential to maintaining a compliant and cooperative platform environment aligned with Dropon’s objectives.
FINANCIAL TERMS AND REMUNERATION
All pricing structures, trip fares, and discounts offered to Dropon customers are set solely by Dropon at its exclusive discretion. Riders acknowledge that they have no authority to alter or negotiate these pricing details independently. Any amendments or updates to pricing, incentives, or discounts will be communicated to Riders via circulars posted on the Dropon platform. Compliance with Dropon's pricing policies is mandatory to ensure consistent service standards and customer transparency. Failure to adhere to the designated pricing and incentive structures may result in penalties, including suspension or other corrective actions as determined by Dropon.
Riders are obligated to follow Dropon’s fare policy strictly and cannot charge customers more than the displayed fare or attempt to collect unauthorized fees. The fare system provided by Dropon is transparent, and you are required to adhere to the pricing as indicated on the app or platform. Under no circumstances are you permitted to add any additional charges to the fare unless they are explicitly allowed by Dropon. Permitted additional charges include toll fees and parking fees, which must be directly related to the ride and are only to be collected when such charges apply during the course of the service. Riders found overcharging customers or applying unauthorized fees will face immediate disciplinary actions, including suspension, termination of the contract, and legal proceedings if necessary. Dropon reserves the right to recover any financial loss or reputational damage caused by such behavior. Transparency in pricing is critical to Dropon’s customer trust, and as a rider, you are expected to uphold this integrity. Continuous non-compliance or attempts to manipulate fare calculations will not only lead to termination but may also involve criminal or civil legal actions, depending on the extent of the violation.
The Rider’s earnings, in the form of commission for completed rides or services, will be communicated through Dropon’s official circulars via the app. By agreeing to this Agreement, the Rider consents to Dropon’s exclusive right to modify, revise, or update the remuneration structure based on business needs, operational requirements, or market conditions. The Rider acknowledges that they will accept the remuneration policies outlined in the most recent circular. In case the Rider disagrees with any changes, they retain the right to terminate their engagement by notifying Dropon in writing. The Rider must also clear any outstanding dues, if applicable. Dropon shall have no liability or obligation to offer additional compensation or other benefits beyond the remuneration structure specified in the current circular.
The Rider’s remuneration under this Agreement is independent of the type of fuel used in their vehicle, whether electric, petrol, diesel, or any other fuel type. Dropon will not classify or adjust remuneration based on the Rider’s choice of vehicle fuel. All Riders are compensated uniformly as per Dropon’s standard payment structure, ensuring no differentiation or variation in pay related to vehicle fuel type.
Dropon may offer performance-based incentives to its riders, which will be communicated through notification through text message, whatspp or any other means which Dropon deems fit. These incentives are entirely discretionary and may be amended, reduced, or revoked at any time by Dropon, without prior notice or consultation with the rider. The rider understands that these incentives do not form a permanent entitlement or contractual obligation, and Dropon reserves the exclusive right to modify or cancel the incentive policy at its own discretion. All such changes will be communicated through notification, and the rider is responsible for staying updated on the latest terms. Failure to meet the conditions or performance benchmarks may result in the forfeiture of any incentives. Dropon is not liable for any loss of incentive due to such changes or forfeiture, and the rider expressly waives any claims arising from changes to the incentive policy. It is the rider’s responsibility to comply with all terms related to incentives and fulfill the required performance standards.
The Rider’s commission, as outlined in Dropon’s most recent circular, will be credited to the Rider’s Earning Wallet, with the commission rate and terms set at Dropon’s discretion. Dropon reserves the right to modify the commission rate and payment conditions as deemed necessary to align with business and regulatory requirements. Any such changes will be communicated solely through circulars on the Dropon platform, and the Rider is expected to regularly review these circulars for updates. Dropon reserves full authority to adjust it in line with operational needs or external factors.
The payment timeline for commissions will be communicated to the Rider through circulars on the Dropon platform and may vary periodically based on operational requirements. Dropon reserves the right to adjust the timeline as needed, and Riders are encouraged to regularly check the platform for any updates.
The Rider acknowledges that commissions,and any other earnings under this Agreement are subject to applicable taxes, duties, levies, or other charges as prescribed by law. The Rider agrees to bear full responsibility for any taxes, including but not limited to Goods and Services Tax (GST), income tax, and other statutory duties arising from their income or the use of Dropon’s vehicle. Dropon is entitled to deduct any such taxes from the Rider's earnings if necessary and reserves the right to demand any additional amounts resulting from such obligations. Furthermore, the Rider commits to paying any additional sums that Dropon may be required to remit due to the Rider’s non-compliance with tax laws, ensuring that Dropon is indemnified from all tax-related liabilities associated with the Rider’s services.
WALLET & DEPOSIT
The Rider is required to maintain a minimum balance in the recharge wallet, the amount of which is detailed in Dropon’s Circular and is subject to periodic revisions by Dropon at its sole discretion. The Rider agrees that any changes to this requirement will be automatically binding upon notification via the Circular, and the Rider’s continued use of Dropon’s services constitutes acceptance of the updated terms. Failure to maintain the minimum balance in the recharge wallet will result in a penalty, the details of which will also be provided in the same Circular. Dropon reserves the right to deduct penalties from the recharge wallet directly. In the event that there are insufficient funds in the recharge wallet, Dropon is entitled to deduct penalties from the earning wallet. Dropon may terminate this Agreement if the recharge wallet balance is not maintained, without prior notice.
Dropon reserves the unconditional right to utilize any of the Rider’s deposits, including recharge wallet and earning wallet in case of any breach, fault, or default caused by the Rider. The Rider acknowledges that Dropon may deduct funds to cover damages, penalties, or non-compliance costs. Although Dropon will notify the Rider of such deductions for transparency, the Rider agrees that the determination of any fault by the rider lies solely with Dropon. All deductions will be non-refundable, and the Rider waives any claim against Dropon for such usage of deposits.
Upon termination of the agreement, any remaining balance in the rider’s Earnings Wallet and Recharge Wallet will be refunded only after a mandatory 15-day holding period, with refunds processed on the 16th day following the agreement’s termination. This holding period is necessary to allow Dropon to assess and deduct any potential outstanding charges, penalties, damages, or other liabilities owed by the rider that may arise during the course of the agreement’s conclusion. Dropon reserves right to deduct any outstanding charges, penalties, damages, or other liabilities of the rider from the rider’s Earnings Wallet and Recharge Wallet.
Dropon reserves the right to offset any amounts owed by the Rider to Dropon, including penalties, damages, or unpaid rental fees, against any amounts payable to the Rider under this Agreement or any other agreement between the Parties.
Dropon reserves the right to deduct any penalties, as stipulated in this Agreement, directly from the Rider’s recharge wallet. Should there be insufficient balance in the recharge wallet, Dropon will deduct the outstanding penalty amount from the Rider’s earnings wallet. These deductions are non-negotiable and are implemented to ensure compliance with Dropon’s operational standards. The Rider agrees to maintain sufficient funds in their recharge wallet, understanding that penalties may be assessed based on conduct, service quality, or breach of any terms outlined herein.
LIABILITY, COMPLIANCE, AND PROHIBITIONS
Dropon operates solely as an intermediary platform connecting riders with customers. The rider is an independent contractor, not an employee of Dropon. As such, any liability for loss, damage, or delay to a customer’s parcel caused by the rider lies entirely with the rider. Dropon disclaims all responsibility for any claims, lawsuits, or disputes that may arise between the customer and the rider due to loss, theft, or damage to the parcel. If a customer's parcel is lost, damaged, or otherwise compromised during delivery, the rider agrees to take full responsibility for investigating, handling, and compensating the customer for the loss. Dropon can intervene in disputes between the rider and the customer but will not provide any reimbursement or compensation for damages caused by the rider. The rider is obligated to maintain their performance and handle all customer complaints in a professional manner, ensuring their service aligns with the terms agreed upon during the booking.
Dropon is not responsible for assisting in the release of a Rider's vehicle if it is seized by any governmental or regulatory authority, nor is Dropon liable for paying any traffic fines or challans incurred by the Rider. This policy applies regardless of whether such incidents occur during the provision of Dropon services or outside Dropon-related activities. Riders bear full responsibility for managing and addressing any legal, financial, or administrative obligations arising from vehicle seizures, traffic violations, or penalties. The onus is on the Rider to comply with all traffic regulations and to ensure that any penalties or fines are resolved independently. This clause emphasizes Dropon’s position on individual accountability, highlighting that all repercussions related to traffic and regulatory compliance fall solely on the Rider.
Dropon strictly prohibits riders from receiving double payments for services, meaning the rider cannot accept payments from both the customer who booked the delivery and the recipient of the parcel. In the event Dropon receives any complaints regarding such conduct, it reserves the right to take immediate action, including terminating this agreement without notice. Additionally, Dropon may impose a penalty of up to four times the disputed amount, which will be deducted directly from the rider’s earnings or other wallet balance. The rider acknowledges that double payment is considered a serious breach of trust and will result in severe consequences, including legal action if necessary. Dropon may also compensate the affected customer at the rider's expense. The rider agrees that any payments received for services rendered must be in accordance with Dropon's guidelines, and any violation of this clause will lead to substantial penalties. This clause is non-negotiable, and any disputes will be resolved solely at Dropon’s discretion.
The Rider is fully responsible for complying with all traffic rules, regulations, and laws. Any fines, penalties, or traffic violation memos incurred by the Rider are the sole responsibility of the Rider irrelavant of Dropon activities or non-Dropon activities.
In the event that the vehicle is seized or impounded by any legal or government authority, the Rider will be solely responsible for all costs associated with retrieving the vehicle. This includes legal fees, penalties, towing, storage fees, and any related expenses. Dropon has zero-responsibility for getting back the possession of vehicle.
Dropon strictly prohibits the use of its platform for any illegal purposes. If the rider engages in illegal activities while doing Dropon's activities, Dropon disclaims all responsibility for such acts. The rider will bear full legal and financial consequences, including any fines, penalties, or legal costs arising from their actions. Should the vehicle be seized by law enforcement due to such activities, all costs related to the seizure, retrieval, or any associated legal proceedings will be borne entirely by the rider. Dropon retains the right to terminate this agreement immediately without notice and may pursue further legal action for any harm caused to its reputation or business.
As the rider operates as an independent contractor under this agreement, the legal doctrine of "respondeat superior" (which holds employers liable for their employees' actions) does not apply. The rider alone is responsible for their conduct while performing duties for Dropon. Any unlawful, unethical, or unauthorized actions committed by the rider outside of the scope of their duties under this agreement will be the rider’s sole responsibility. Dropon disclaims all liability for such acts and reserves the right to take legal action if the rider’s misconduct harms Dropon’s reputation, brand, or customers.
The Rider shall not assign, transfer, or delegate any of their rights or obligations under this Agreement without the prior written consent of Dropon. Any attempted assignment in violation of this clause shall be void and may result in immediate termination of the Agreement.
The rider is strictly prohibited from using any customer contact information for personal or unauthorized purposes after the completion of a ride. Such information is provided solely for the purpose of fulfilling the rider’s duties under this agreement. Any misuse of customer data will be treated as a serious violation of Dropon’s privacy and security policies. Dropon reserves the right to take immediate disciplinary action, including contract termination and legal proceedings, against the rider if found guilty of such misconduct.
Riders under Dropon’s agreement are prohibited from organizing, participating in, or supporting strikes, unions, or any other forms of collective action aimed at disrupting business operations. Dropon encourages individual professional relationships and expressly disallows any formation of rider/driver unions or associations that could negatively impact its operational efficiency. Engaging in or supporting such activities will lead to the immediate termination of your agreement, loss of access to Dropon’s platform, and potential legal actions for disrupting business. This clause extends to any organized protest, collective bargaining attempts, or other forms of unionization, whether directly or indirectly aimed at Dropon. You are expected to resolve any grievances through the established internal communication channels provided by Dropon, and collective action outside this framework will not be tolerated. Additionally, Dropon reserves the right to seek compensation for any operational losses or reputational damage caused by such disruptions. Upholding this individual, non-unionized relationship is essential to Dropon’s business model, and strict compliance is mandatory.
Dropon shall not be held liable for any breakdown, malfunction, or mechanical issue related to the Rider’s vehicle, whether such incidents occur during Dropon-related activities or independent of them. The Rider assumes full responsibility for the upkeep, maintenance, and operational reliability of their vehicle. Dropon bears no financial, legal, or service responsibility for issues stemming from the Rider’s vehicle condition, emphasizing the Rider’s obligation to ensure their vehicle is in optimal working condition at all times.
The Rider is strictly instructed to utilize only the vehicle registered with Dropon for conducting any activities on behalf of Dropon. Any changes to the registered vehicle must be reported and updated with Dropon immediately. Unauthorized use of an unregistered vehicle for Dropon activities is prohibited and may result in penalties or suspension of services. This clause reinforces Dropon’s commitment to maintaining consistent service standards and ensures compliance with regulatory and operational requirements.
The Rider will be held accountable for any acts that should not have been done and for any omissions that should have been carried out. Any breach of responsibilities or failure to perform duties will result in full liability being assigned to the Rider.
In the event that Dropon encounters legal action, claims, or investigations arising from the actions, negligence, or misconduct of the Rider, the Rider agrees to fully cooperate with Dropon and bear all associated legal expenses, including court fees and attorney fees. This cooperation encompasses attending any required legal or administrative proceedings, providing both written and oral testimony, and supplying any documents or evidence as requested by Dropon or relevant legal authorities. Should the Rider fail to cooperate, it will constitute a material breach of contract. In such instances, Dropon reserves the right to pursue all legal remedies, including claims for damages, litigation costs, and any reputational harm resulting from the Rider's non-compliance. Furthermore, Dropon may choose to terminate the Rider's contract immediately under these circumstances, with all legal fees and expenses being the responsibility of the Rider.
The Rider agrees to notify Dropon immediately of any changes to their personal information, including but not limited to address, contact details, or driving license status. Failure to inform Dropon of such changes within 24 hours may result in suspension or termination of this Agreement.
The rider is required to fully disclose any legal actions, whether criminal or civil, that are either pending or have been previously initiated against them. This obligation applies from the time of onboarding with Dropon and extends throughout the duration of their association. If any new legal matters arise during the course of the agreement, the rider must inform Dropon in writing immediately. Failure to disclose such legal matters, whether at the time of onboarding or during the tenure, will be considered a serious breach of this agreement. Dropon reserves the right to take immediate action, including termination of the rider’s contract without prior notice or severance. Additionally, Dropon may seek compensation for any losses incurred due to non-disclosure of legal actions. Dropon retains the sole discretion to assess the potential risk and impact of the rider’s legal involvement on the company’s operations. The rider is also responsible for ensuring that any legal matters they are involved in do not interfere with their duties to Dropon, including but not limited to availability and compliance with company standards.
In the event of any defaults or breaches as outlined in this agreement or which may not be outlined in this agreement but comes under the default by the rider ; for which the time limit for intimation to dropon is not mentioned in any clause, the rider must notify Dropon within 2 hours of the incident. Prompt reporting is essential to enable Dropon to address and mitigate any potential risks or damages. Failure to notify Dropon within the stipulated time will be considered a serious breach of contract, and Dropon may take immediate corrective actions, including legal recourse, termination of the agreement, or suspension of the rider’s account.
The rider must ensure that all necessary safety precautions, including wearing helmets and complying with traffic laws, are strictly followed while operating Dropon’s vehicle. Dropon will not be liable for any injuries, accidents, damages, or legal consequences arising from the rider’s negligence or failure to follow safety protocols. The rider will bear full responsibility for any legal or financial repercussions resulting from such negligence.
CONFIDENTIALITY, DATA PROTECTION, AND LEGAL PROVISIONS
By agreeing to this Agreement, the Rider explicitly consents to Dropon’s right to collect, process, manage, and utilize both personal and non-personal data provided during their use of Dropon’s platform. This data may include information that helps Dropon enhance the quality of its services, personalize user experience, and optimize platform operations. Dropon leverages this data to improve Rider’s Services, including analyzing user behavior to refine services and maintaining accurate records to facilitate seamless interactions. In addition to performance enhancements, the data gathered enables Dropon to develop and implement security measures that protect both Rider and platform integrity. The Rider’s acceptance of these terms establishes Dropon’s right to retain, analyze, and adapt data as necessary, with the express purpose of fostering an efficient, secure, and user-centered service environment in compliance with relevant data protection regulations.
The Rider acknowledges and agrees that Dropon may need to disclose their information in certain situations to comply with legal and regulatory requirements. This clause provides Dropon the right to share data as required by statutory authorities, regulatory bodies, or through lawful requests, ensuring the platform’s commitment to transparency and legal compliance. Such disclosures may be essential for adhering to obligations such as fraud prevention, compliance with data protection laws, or responding to judicial orders, which collectively support Dropon’s dedication to a safe and compliant operational environment. Furthermore, Dropon is committed to handling all disclosures responsibly, balancing legal requirements with the protection of user privacy. By agreeing to these terms, the Rider accepts that Dropon’s compliance with lawful disclosure requests is a necessary part of maintaining the platform’s integrity and trustworthiness within the bounds of applicable laws.
By entering into this Agreement, the Rider consents to the sharing of their information with Dropon and any associated financial institutions, insurance entities, or third parties as and when necessary. Dropon ensures all shared information is handled as per applicable data protection laws but assumes no liability for any damages resulting from these disclosures. If deemed necessary to protect the interests of Dropon or its affiliates, services may be suspended or terminated, or payments may be withheld, with no prior notice to the Rider.
The rider acknowledges that they are the face of Dropon when interacting with customers. As such, Dropon has provided thorough training on the expected code of conduct, which includes being respectful, polite, and professional in all customer interactions. Dropon reserves the right to act immediately on any complaints raised by customers regarding the rider's behavior. Such actions may include termination without notice, depending on the severity of the misconduct, and Dropon may pursue legal action to recover damages to its reputation. The rider acknowledges that Dropon places a high value on its customer relationships and any breach in the rider’s conduct that affects those relationships will be treated as a direct threat to Dropon’s business. The rider must notify Dropon immediately of any customer issues and is prohibited from handling complaints independently. Any failure to do so will be considered a breach of contract, and the rider will be held fully responsible for the consequences.
By agreeing to these terms, the rider voluntarily grants Dropon a perpetual, irrevocable, non-exclusive, royalty-free license to use their photograph for branding, advertising, marketing, and promotional activities. This includes the right to display and adapt the rider’s image across various platforms, such as social media, Dropon’s official website, digital campaigns, print advertisements, and other promotional materials. The rider acknowledges that their photograph may be used alongside Dropon’s logos, branding, and other design elements, and consents to any necessary modifications (e.g., resizing, editing) for marketing purposes. The rider expressly waives any rights to review, approve, or contest the final use of their photograph, even if it undergoes editing or adaptation. No compensation, monetary or otherwise, will be provided by Dropon for this usage. The rider also affirms that their consent does not infringe on any third-party rights or prior contractual obligations. In case the rider wishes to revoke their consent, they must provide a written notice. However, such revocation will only apply to future usage of their image and will not affect any promotional materials already in circulation. The rider further acknowledges that once their photograph has been distributed or published, Dropon is not obliged to withdraw or remove existing materials, even after consent is revoked.
The rider shall not, directly or indirectly, engage in any conduct that is adverse to the best interests of Dropon. This includes refraining from any form of disparagement, including but not limited to verbal, written, social media, and app reviews, against Dropon or any of its officers, employees, directors, or other representatives. The rider shall ensure that no negative or harmful comments, reviews, or ratings are made about Dropon on any platform or medium. Any violation of this provision may result in the immediate termination of the rider's engagement with Dropon and may include compensation to address damages, reputational harm, or other losses caused by the rider's conduct.
The rider shall not, during or after their engagement with Dropon, make any statements or engage in any conduct, directly or indirectly, that could defame or harm the reputation of Dropon, its officers, employees, directors, or representatives. This obligation extends beyond the termination of services for Dropon, meaning that even after leaving, the rider is still bound by this commitment. Should the rider make any negative statements or claims regarding Dropon after the conclusion of their engagement, they will be required to provide strict and credible proof supporting such claims. Any failure to substantiate these statements will be considered an intentional and baseless attempt to defame Dropon. In such instances, Dropon reserves the right to pursue strict legal action, including claims for damages and compensation, to address any harm caused to its reputation, business operations, or relationships with clients and partners. Compliance with this provision is essential to maintain the integrity and reputation of Dropon.
The Rider hereby consents to Dropon’s collection, storage, processing, and use of their personal data, including but not limited to contact information, driving records, identification details, and any other information necessary for the performance of this Agreement. Dropon will use this data solely for the purposes of administering this Agreement, providing services, improving operational efficiency, ensuring compliance with legal obligations, and for any lawful business purposes directly related to its logistics services. Dropon may share this data with third-party service providers, affiliates, or legal authorities as required, while ensuring appropriate safeguards are in place. The Rider acknowledges that Dropon will take all reasonable measures to protect personal data against unauthorized access or disclosure, in compliance with applicable data protection laws. However, Dropon shall not be liable for any breach of data caused by third-party systems or external forces beyond its control. The Rider may request access, correction, or deletion of their data in accordance with applicable laws.
b. Dropon shall :
1. Implement appropriate technical, physical and organizational security measures to protect Personal Data against accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure or access, and against all other forms of unlawful Processing. Dropon reserves the right to monitor all data collected including Personal Data for analytic purposes.
2. Ensure procedures are in place so that any third party it authorizes to have access to Personal Data shall respect and maintain the confidentiality and integrity of Personal Data. Further, such third party shall Process Personal Data only on instructions of Dropon/ Rider. This provision does not apply to persons authorized or required by law or regulation to have access to Personal Data.
3. Provide timely notice to the other party in case of Personal Data Security Breach and shall further take adequate remedial measures as soon as possible.
4. Not Process Personal Data upon termination of this Agreement, except to the extent required by this Agreement or as required by mandatory requirements in respects of the books and records of either party or as otherwise required by law.
c. For the purposes of this Agreement Confidential Information shall mean (i) this Agreement and the terms herein; (ii) all information marked confidential, proprietary or similar legend by either Party; (iii) any other information that is treated as confidential by the disclosing Party and would reasonably be understood to be confidential, whether or not so marked; (iv) data collected by Dropon from its end-customers using logistical services provided herein; and (v) any confidential or proprietary information of a Party including any information related to the assets and infrastructure provided, Insurance Policy details, AMC and warranty details, supplier information, any rates and pricing, information with respect to competitors, strategic plans, research information, financial/accounting information employee information, Personal Data, marketing/sales information, business plans, operations, internal or external audits, law suits, regulatory compliance or other information or data obtained, received, transmitted, processed, stored, archived, or maintained by a Party under this Agreement.
d. The Parties shall keep the subject matter and terms of this Agreement, and all documents and information shared during the subsistence of this Agreement and post termination (including information shared prior to the start of the engagement), strictly confidential and shall not disclose the contents of it to any third party, save for their employees, agents, consultants and legal and financial advisors and bonafide investors, on a need to know basis and subject to obligation of confidentiality on their part on similar terms. Confidential Information may be disclosed orally (which shall be reduced to writing within 30 days) or in writing and the confidentiality obligations shall apply during the term and post early termination or expiration of this Agreement. The Parties shall comply with all applicable data privacy rules, laws and regulations while Processing data under this Agreement.
e. Neither Party shall disclose any Confidential Information to any third party under any circumstances whatsoever, without obtaining the prior written consent of the disclosing Party. The Parties may utilize the confidential information shared hereunder solely for the discharge of its obligations under this Agreement, and in no manner use or reference the information to create similar products or services of its own or for reverse engineering.
f. The obligations of confidentiality shall not apply to any information that:
1. was known to the Party prior to its disclosure by the disclosing Party without any obligation of confidentiality;
2. has become generally available to the public (other than due to the disclosure by the receiving Party); or
3. has been disclosed to the Party by a third party without violating any confidentiality obligation of the disclosing Party.
g. In the event that a receiving Party becomes legally compelled, required or requested, by a court, or a governmental, regulatory, judicial or quasi-judicial agency having the requisite jurisdiction, to disclose any Confidential Information, the receiving Party shall provide the disclosing Party with prompt written notice, unless providing such notice would violate applicable law or regulation, so that the disclosing Party may seek a protective order or other appropriate remedy or, in the event such protective order or other remedy is not obtained, to obtain assurance that confidential treatment shall be accorded such Confidential Information. If the disclosing Party seeks such an order, the receiving Party shall provide such cooperation as is reasonably requested.
h. The Rider consents to permit Dropon to use contact and personal information (email address, phone number etc.) provided at the time of registration. The Rider acknowledges that such contact information will be used by Dropon or its authorised third parties from time to time, to make calls and send SMS to the Rider, through third-party platforms for the provision of its services.
The confidentiality obligations of the Rider under this Agreement shall survive its termination. The Rider agrees not to disclose, share, or use any confidential information obtained during the course of this Agreement for a period of 2 years after the termination of this Agreement, unless required by law.
The Rider agrees to indemnify and hold harmless Dropon, its affiliates, officers, agents, and employees from any claims, losses, liabilities, damages, or expenses (including legal fees) arising from the Rider's breach of this Agreement, negligence, willful misconduct, or violation of applicable laws.
Neither party shall be held liable for any failure or delay in performing its obligations under this Agreement due to causes beyond its reasonable control, including, but not limited to, acts of God, war, strikes, or governmental actions. The affected party shall notify the other party within 12 hours of the event, and performance of the obligations under this Agreement shall be suspended for the duration of the Force Majeure event.
In no event shall Dropon be liable to the Rider for any indirect, incidental, special, or consequential damages arising out of or in connection with this Agreement, including but not limited to loss of profits, loss of business, or loss of data, even if Dropon has been advised of the possibility of such damages. Dropon’s liability for any claim arising under this Agreement shall be limited to the amount paid by the Rider under this Agreement.
The relationship between Dropon and the Rider is strictly that of independent contractors, functioning on a principal-to-principal basis. Nothing in this Agreement shall be construed to create any relationship of partnership, joint venture, employment, agency, or any fiduciary relationship between the parties. The Rider acknowledges that they are not an employee or agent of Dropon, and Dropon holds no responsibility for the actions of the Rider beyond the terms outlined in this agreement. The Rider shall not represent themselves as a representative or employee of Dropon under any circumstance, nor will the Rider have any authority to bind Dropon to any contract, agreement, or liability.
Unless specifically provided otherwise, any notice or demands required to be given herein shall be given to the parties hereto in writing and by either Registered Post Acknowledged Due, e-mail or by hand delivery at the addresses mentioned above i.e. FIRST PARTY INFORMATION or at such other addresses as the parties hereto may hereafter substitute by written notice given in the manner prescribed hereinabove.
a. The Rider warrants that the execution of this Agreement and the use of his vehicle will not violate any laws, regulations, or rules applicable to them.
b. The Rider warrants that all necessary consents, licenses, and approvals required for the use and operation of the EV are obtained and maintained throughout the term of this Agreement.
c. Dropon warrants that this Agreement complies with all applicable laws and its own governing documents.
e. Any violation or failure to comply with these warranties will lead to immediate termination of this Agreement, and Dropon reserves the right to recover any losses arising from such breach.
75. Waiver
Dropon’s decision to waive any rights under this Agreement must be in writing and does not constitute a waiver of future rights or claims. Dropon retains the right to enforce any clause of this Agreement at any time, even if a breach has been overlooked previously.
76.Headings
Headings used in this Agreement are for reference purposes only and do not affect the interpretation of the clauses or the parties’ obligations.
The Rider is prohibited from assigning the rides of Dropon as per this Agreement or any of their rights without Dropon’s written consent. Dropon may, however, assign or transfer its rights and obligations to another party without needing the Rider’s consent, and the Rider agrees to comply with any obligations towards the new assignee.
In the event of any dispute, controversy, or claim arising out of or relating to this Agreement, the Sale Deed, or the breach, termination, interpretation, or validity thereof, the parties shall attempt to resolve such disputes amicably through mutual discussions. If the dispute remains unresolved for a period of 30 (thirty) days from the date one party issues a written notice of the dispute to the other party, the matter shall be referred to and finally settled by arbitration.
a. Arbitration Process:
The arbitration shall be conducted in accordance with the provisions of the Arbitration and Conciliation Act, 1996, and any subsequent amendments thereto.
b. Appointment of Arbitrator(s):
A sole arbitrator shall be appointed by mutual consent of both parties. In the event the parties are unable to agree on the appointment of the sole arbitrator within 15 (fifteen) days of the notice referring the dispute to arbitration, the Hon’ble court of Jurisdiction will appoint the sole arbitrator.
c. Seat and Venue of Arbitration:
The seat and venue of arbitration shall be Ahmedabad, Gujarat and the arbitration proceedings shall be conducted in English.
d. Governing Law :
The arbitration proceedings and this Agreement shall be governed by and construed in accordance with the laws of India.
e. Final and Binding Award:
The arbitral award shall be final, conclusive, and binding upon the parties. The parties agree to waive their right to appeal the arbitral award, to the extent permitted under applicable law.
f. Costs of Arbitration:
The costs of arbitration, including the arbitrator’s fees, shall be shared equally by both parties unless the arbitral tribunal decides otherwise.
g. Interim Relief:
The parties shall be entitled to seek interim or provisional relief from any competent court having jurisdiction over the matter, either before the commencement of or during the arbitration proceedings, without prejudice to the arbitration process.
Electronic signatures provided by the Rider under this Agreement are acknowledged as fully binding, carrying the same legal force and effect as traditional physical signatures. By electronically signing, the Rider agrees to all terms, consenting to the enforceability of the Agreement without the requirement for additional formalities.
Documents electronically signed by the Rider and maintained by Dropon are considered “written” records, holding equal validity to traditional paper documents. Such records are admissible as evidence in legal and administrative proceedings, and any printed copies of electronically signed documents are deemed as original records for all purposes.
Verification Statement
I, the Rider, hereby acknowledge that I have read, understood, and accepted all the terms and conditions set forth in this Agreement. By electronically signing this Agreement, I confirm my commitment to adhere to all policies, obligations, and requirements outlined herein, including any future amendments communicated by Dropon. I agree to comply with the verification process and uphold all responsibilities associated with the use of Dropon's vehicle as stipulated in this Agreement.