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Service Agreement

SERVICE AGREEMENT

Preliminary

  1. This service (“Service”) is being run by Optus Universal Private Limited (“OPTUS UNIVERSAL” /”COMPANY”) on www.bookmywings.com, Bookmywings mobile app and Bookmywings mobile site (collectively “Platform”), which Platform is owned and operated by Optus Universal Private Limited (Optus Universal, Bookmywings, We or Our). It is open to all residents of India.
  2. By subscribing the service (defined below), customer agree to be bound by:
    • these terms and conditions (T&C);
    • the Terms of Use, Privacy Policy and other relevant documentation including any modifications, alterations or updates thereof, that are published on the Platform; and
    • all applicable terms and conditions of Optus Universal Private Limited.

Terms and Conditions for School iCab Service :

  • The Company will provide vehicle/Cab (hereinafter known as “iCab”) with complete features as per the service plan opted by the Customer with Commercial Registration Number for transportation of passengers.
  • The complete features and details of the cab(s), Service Plan as opted by the Customer, Monthly Hiring Charges (exclusive of GST wherever applicable) shall be as per the description provided on the Platform.
  • The iCabs provided by the Company will have valid Registration Certificate, insurance to cover third party and occupants, fitness certificate, Pollution Under Control Certificate, Road Tax, permit etc whichever applicable and any other relevant permits/licenses essentially required by the RTO and/or any other statutory bodies for the operations of the vehicles within the jurisdictional limits of NCT of Delhi-NCR and will be revalidated before the expiry of the due date.
  • The iCab(s) of the Company or hired by it will be driven by duly Police Verified Drivers Only. However under compelling circumstances for temporary period the company may engage a driver not having police verification but if such driver is hired for more than seven continuous working days then the company will apply for the Police verification of such driver.
  • The Company will apply for or cause to be applied for the police verification of the driver deployed for driving such iCab(s) within first 7 days of the commencement of the service on any route and upon request will furnish proof of such application to Customer. Further, the copy of the Police Clearance Certificate as and when received by the company issued by the competent authority shall be retained by the Company and upon request will furnish proof of such documents to Customer.
  • The Monthly Hiring Charges shall exclude Toll Tax, Octroi, Parking Charges and/or other statutory levies, if any, paid during the journey would be billed to the Customer on actual charge basis. Such monthly hiring charges will be inclusive of fuel cost, lubricants, spare parts, maintenance, salary of the drivers/staff, payment of insurance/permit/certificate etc.
  • The preferred mode of payment of monthly cab hiring charges is electronic transfer. The company also accept the payment of such charges in cash. However the company reserve the right to impose cash handling charges over and above the base monthly hiring charges applicable to the customer.
  • The seating space of an iCab is limited and therefore if any passenger occupy space more than equivalent space of one passenger then the company can charge additional amount over and above the base price to such respective customer.
  • On demand female attendant facility is also provided by the company. However the said service is available on actual charges basis over and above the base monthly hiring charges of the School iCabs.
  • The Company being an aggregator will provide the school/shared transport service to its customers through cabs owned by it or hired from third parties/vendors/cab owners on contractual basis.
  • The Company before commencement of service shall duly inform the customers the arrival and departure timings for pick up and drop of the passengers and therefore it shall be the responsibility of the customers to take all necessary steps to ensure that the passengers are available for pick up at their designated locations at least 5 minutes before the arrival time. The cab driver shall not wait beyond the departure time for the smooth and timely operations of the route.
  • The customer shall provide all the necessary details of the passengers to the Company as required by it before the commencement of services.
  • The customer shall make necessary arrangement to receive the passenger in case the passenger is a child (upto age of 12 years) at the designated location at drop timings of such passenger. The cab driver shall not be handed over to any person other than the authorized persons under any circumstances save and except, specific undertaking furnished by the mother/father/guardian of the child in writing.
  • The Customer shall be liable to pay the Monthly Hiring Charges for the school transport to the company on or before the expiry of the due date as mentioned in the invoice, failing which the services to such customer may be terminated without any further notice in any manner, whatsoever.
  • The Customer shall be liable to pay the applicable Hiring Charges on monthly basis and not on pro-rata basis. Charges for the whole month shall be payable by the Customer irrespective of the number of working days or actual travel days of the passenger in a month.
  • The Customer shall be required to pay for all 12 months irrespective of the number of days when the passenger of Customer actually travelled. For clarification, the customer shall have to pay for the month of June also if he/she has availed the School iCab services for the month May.
  • The Company shall have the right to implement seating plan for the passengers for safe, comfortable, smooth and effective operations of the route.
  • The Company on best efforts basis shall arrange the alternate cab and/or driver temporarily if for any reasons beyond the control of the Company, the regular assigned iCab and/or driver is unable to report on duty on any working day. However during the operation of the route for any reasons such as breakdown, technical/mechanical malfunction, flat tyre etc where arrangement for alternate iCab may not be possible due to time constraints then the company shall not be held responsible for the same.
  • Our School iCabs pick and drop service is available at ordinary school opening and closing timings. However during periodic examination the pick and drop facility is available on best effort basis.
  • The Customer shall inform the Company and/or assigned Driver in advance if the passenger is on leave and will not avail pick-up and/or drops on any given day.
  • The Company under unavoidable circumstances shall have right to change the assigned Cab and/or the Driver for any route in the best interest of the passengers for their safety, comfort and/or smooth operations of the route. However changing the driver/cab shall always be the last resort and not a frequent exercise.
  • In case any passenger indulge into manhandling with other passenger and/or cause any serious inconvenience to other passenger which may not be termed or taken as childish activities, the company reserves the right to discontinue the services of such passenger after maximum 2 warnings issued to such students which shall also be communicated to their respective customers. However in such case the customer is liable to pay the charges for the rest of the months of that academic session.
  • The customer shall ensure that the passenger for whom he has subscribed our services shall not ask the assigned driver to stop the cab at any unauthorized location other their designated pick-up and drop location for safety reasons.
  • The Customer shall inform the Company as well as the assigned Driver if their respective passenger is picked up from school by them on or before the normal school closing time.
  • Our iCab shall leave from the school after the pre-scheduled and duly informed time and passenger except under 10 years of age, shall be responsible to take their seats in cab after the normal school closing time.
  • The Monthly Hiring Charges shall be applicable for whole academic session however in case of exorbitant hike in fuel prices and/or other statutory levies the Company reserves the right to revise the Monthly Hiring Charges applicable to the Customers during the academic session also.
  • The Company reserve the right to charge over and above the normal monthly hiring charges if the passenger generally occupies more than allotted seat.
  • The Company shall have the right to schedule timings of Pick up and Drops of the passengers in the best interest of the smooth operations of the route. The Company may consider the request of the customer regarding re-scheduling of pick-up and drop of any passenger however the decision of the Company shall be final and binding upon the Customers.
  • The Company hire the Cab after performing due diligence and after completion of all legal formalities, however the Company does not take responsibility of antecedents of the Cab Driver and/or Owner which are not in the knowledge of the Company. The Company however discharge its liability by obtaining police verification report of the Cab Driver.
  • In case a customer wants to discontinue our iCab service in the middle of the academic session, he/she has to give prior notice of at least 2 months. However termination of services shall not be allowed between September to March month of an academic session. The school transportation is a contractual service and hence the company to maintain the financial feasibility is bound to impose this condition. Being a contractual service, the customer as well the company are liable to discharge their contractual obligations whereby the company cannot discontinue the service during the middle of an academic session and similarly the customer is also liable to pay for all the months irrespective of the actual number of days the passenger has travelled in the School iCab.
  • The doorstep pick and drop service is available for iCab Plans and on best efforts basis only.
  • The alternate cab and/or driver facility is available on best efforts basis where the company gets enough window time to replace the regular cab/driver.
  • The Company for the reasons beyond its control may ask the customer for self pick and drop for a maximum of one occasion in a month. However the company is committed to provided uninterrupted services throughout the month. In case the company fails to do so on more than one working day in any month, a penalty of Rs. 150 per customer per day shall be borne by the company which shall be adjusted in the next billed amount of the respective customer(s).
  • The Toll-Tax, MCD Tax or any other statutory taxes as applicable shall be levied on actual charge basis over and above the Monthly Hiring charges.
  • The company shall provide Live CCTV Camera, GPS facility through Android App only on best effort basis. However such service is dependent upon network therefore the said services are being provided on best efforts basis.
  • Our School iCabs are Air-Conditioned. Maximum 9 students shall be allowed in one iCab (BMW-Silver Plan), however in case of any exceptional emergency circumstances the company reserve the right to allow more students in one iCab.
  • The Company shall not be responsible in any manner whatsoever for any act, behaviour of any passenger with any other passenger. However the Company shall bring in the knowledge of the respective customer regarding the behaviour of the passenger if it find it inappropriate and the customer shall undertake for non-repetition of such behaviour of the passenger, failing which the services to such customer may be terminated without any further notice.
  • The Passengers for health and safety reasons, shall not be allowed to open the window glass of the cab without the permission of the drivers.
  • The passenger will have to take care of all his/her belongings and the company shall not be responsible in case of loss of any items/belongings of any passenger.
  • The Company upon joint request of majority of customers may change the assigned cab and/or driver of the route on best effort basis.
  • The services of our cabs are available to the customers for pick and drop timings only. However during the rest of the time/intervening period, the company shall be free to engage the said Cab into any other work/assignment, whatsoever.
  • The Company shall provide the Cab to the passengers only on the academic working days and normal school timings of the respective school. The Company shall not be bound to provide cab service to the passengers for co-curricular or any other activities like outdoor trips, extra classes, summer camps etc.
  • The Monthly Hiring charges of the Cab(s) shall be applicable only for the pick-up and drop of the passengers from their respective pick up location to School and vice-versa.
  • The Hiring Charges shall be payable on monthly basis in advance on or before the due date of the month in which the charges become due, failing which a penalty of Rs. 100 per week shall be levied. However, the company where it deems fit, shall have the discretion to waive off the penalty amount.
  • The Company reserves the right to change these terms and conditions at any time without prior notice. In the event that any changes are made, the revised terms and conditions shall be published on our Platform. Customers are advised to keep regular check of the service agreement, terms and conditions, privacy policy and terms of use sections on our platform for the latest information published therein to inform himself updated of any changes.
  • Any passenger shall not damage/harm any movable or immovable property/fixture of the Cab under the control of the company in any manner, whatsoever. In case of any such damage the respective customer shall be liable to reimburse the amount equal to the actual damages to the company.
  • The company may withdraw/amend/extend any offer, scheme before the pre-specified period without any prior notice.
  • The company shall not be liable or deemed to be in deficient in services by reason of any delay in performing, or any failure to perform any of its obligations if the delay or failure was due to any cause beyond the company’s reasonable control including, but not limited to, any Act of God, act of Government or State, war, fire, civil commotion, insurrection or industrial action of third parties out of the control of the Company.
  • The Customer shall not disclose himself and/or through any other person, any information of the company entrusted with him to any other person and/or entity including companies/LLP/Partnership Firms which could either directly or indirectly affect the commercial and/or any other interest(s) of the Company.
  • This document is an electronic record in terms of Information Technology Act, 2000, and the Rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

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