Terms and Conditions For Driving Partners

Contractual Agreement

According to the Information Technology Act of 2000 and any applicable rules, as well as the provisions of different statutes that have been updated to reflect the Information Technology Act’s amendments, this document is an electronic record. There are neither physical nor digital signatures necessary for this electronic record because it is produced by a computer system.

The mobile applications, websites, content, products, and services offered by Dubu Dubu India Private Limited (referred to as “Dubu Dubu” throughout this document), a company incorporated in India with a registered office at 192, Maraimalai Adigal Salai, Raja Nagar, Puducherry 605013 and a corporate identification number CIN : U77307PY2023PTC009020, are governed by these Terms of Service.

You, (the “Driving Partner”) can use Dubu Dubu, subjecting to the terms and conditions of use. This Agreement is for an indefinite term. You use the application / services provided by Dubu Dubu and you understand and agree that you are bound by such terms.  By using the Dubu Dubu Application and accepting these Terms of Service, you agree to abide by these Terms of Service. You also represent and warrant to the Company that you will use the Application / Services in a manner consistent with all applicable laws and regulations. It is suggested that you do not use the application or services if any of the terms and conditions are unacceptable to you.

1. General Terms of Use

●      These terms and conditions (T&Cs) denote the terms on which the Driving Partners (referred as You, Your, Yourself or Driving Partner) use and access the application on the website or platform. The term “We”, “Us”, “Our”, “Company”, “Dubu Dubu India Private Limited” shall mean transportation service provider (which includes successors, representative, assigns). The Mobile Application and Website is owned by Dubu Dubu India Private Limited, whose expression shall, wherever the context permits, admits or requires be deemed to mean and include its successors in interest and permitted assignments.

●  You acknowledge that Dubu Dubu is not selling the application or website or any feature or technology contained therein. We provide services based on the Terms of Service defined here.

●  These terms of use, privacy policy, together with any additional service – specific terms and conditions, other policies which may be applicable and / or available on our website www.dubudubu.in and any disclaimers which may be present on the application / website are jointly referred to as “Term of Service or Use”. This constitutes the terms of your access and use of the application / website and the services.

●  By accessing, registering or using our services you agree to be legally bound by these Terms of Service / Use and consent to our usage of information as outlined in our privacy policy. Your use of our service is subjected to terms of use. These terms of use and service applied to all visits to our application or website www.dubudubu.in, if you disagree with any part of these terms and conditions agreement, we suggest not to use our Mobile Application / Website. In case of any amendment made to the terms and condition shall be enforceable in its amended form.   

2. Definition

●  “Account” means the account which is created by the driving partners to use the services which we provide.

●  “Applicable Laws” means and includes all those applicable statutes, acts, laws, rules and regulations, notifications or guidelines issued by the government, policies, directions, orders of any governmental authority, or court of India or Tribunal.

●  “Application” means the mobile Application “Dubu Dubu” which is used to facilitate commutation services between the customer and the driving partner.

●  “Cancellation Fee” means the fee which is payable by the driving partner, towards the cancellation of a ride which is booked by the customer.

●  “Driving Partner” means the third party who is registered with us to provide commutation services, who drives within the city of operation.

●  “E – Wallet” means a payment tracker, which can be used to make payments easily by the Customer.

●  “Fare” means the amount or charges which are to be paid by the customer for availing or using the service.

●  “Customer” means the third party individual or group who requests for commutation services through our Mobile Application / Website.

●  “Service” means and includes commutation, payment and customer support service facilitated by us between the customer and you.

3. The Services

Dubu Dubu platform provides services are for facilitating commutation  services between two individuals through Dubu Dubu’s mobile application and website. The services are provided by the Driving Partners with their owned / rented Cars or Auto Rickshaws (Vehicle), to the individual or group (Customers).

The Services constitute:

●  The mobile application and website that enables the customers of Dubu Dubu to schedule a commutation service with the third-party transportation providers named as Driving Partners.

●  Support Services to the Customers and Driving Partners which include arranging pickup,  payment and other support related to the services offered.

●  Coupons / promotion code to the Customers to avail the benefit of discounted rides as offered by Dubu Dubu from time to time.

4.  General Terms

●   Driving Partner must be at the age of legal majority in your jurisdiction.

●   Driving Partner should submit personal information like Name, Address, Mobile phone number, Age, Driving License, Aadhaar number, and Bank account details (valid payment method) during onboarding.

●   Dubu Dubu reserves the right to store, process, access and use the above-said Driving Partner details for background checks, verification, service, payment, research, and analytics.

●   You are responsible for maintaining the secrecy of your Account password at all times, as you will be held responsible for any activity under your account.

●    You are not to authorize others to use your account, not to assign or transfer your account to any other person or entity.

●    You should hold a valid driving license, registration certificate, vehicle insurance, pollution control certificate, and any such other permits deemed fit all the time.

●    Driving Partner should produce proof of identity, as and when requested.

●   The driving Partner is allowed to reject any request only when it is absolutely deemed necessary and in exceptional situations.

●    Driving Partner agrees to provide the services in a courteous and professional manner maintaining proper attire and hygiene codes as expected by the company.

●    Driving partners should refrain from driving rashly, consuming liquor or cigarettes or any other intoxicants, causing inconveniences and damages to the Customers and to the traffic/people around them.

●    It’s the Driving Partner’s responsibility to provide the Customers with safe and clean rides.

●    Driving Partners may not provide services to under-age Customers (aged 18 or below) unless accompanied by an adult.

●    Driving Partner may report any incidents /malicious activities using customer support or SOS Service in the Application.

●    Driving Partners may not demand additional fare from the Customers for providing the services.

●    Driving Partners should be available in Online Mode in the application throughout the ride.

●    He / She should be in compliance with the Motor Vehicles Act, 1988, and other applicable laws as required to be complied with by any person driving Vehicles.

●    You cannot hold the company liable if you don’t install the correct mobile application or if you don’t upgrade to the latest releases or for not visiting the correct web site. 

●    On agreeing to these terms, Dubu Dubu provides you a limited, revocable, and non-transferable account to use the services. Driving Partner may not transfer or share the account to any other individual or entity.

5. Responsibilities on Application / Services Usage

When using the Application / Website, you shall not permitted for any reason and under any circumstances to:

●   Use the Application / Website in a way that may damage or lock the application or website or network(s) connected to any of the Dubu Dubu servers.

●   Upload, post, email, and transmit via the Application / Website any Content that may be:

a.  is potentially disruptive, offensive, threatening, defamatory, slanderous, obscene, pornographic, violent, or otherwise unlawful.

b.   include harmful programs, or files that may damage, lock, or modify the operation of a computer or network that is the property of Dubu Dubu or any third party working with us.

●   is unauthentic, deceitful, or false and may infringe any copyright, trademark, right of publicity, intellectual property, or other proprietary rights of any person or entity.

●   Reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Dubu Dubu.

●   Tampering or misusing the security features with the intention to gain access to the sensitive data, files or passwords related to the Application / Website via hacking or data mining, or other illegal means.

●   Disrupting or causing damage to the security, and integrity of the Application or Website and / or its content and any resources provided for the Application users, user or administrator accounts, passwords, servers, or networks connected to the Site.

●   Stalking, threatening, or violating the rights of others in any way.

●   Collect personally identifiable information and / or passwords of other Driving Partners / customers / employees.

●   Transmitting any viruses or any malware code of a destructive nature.

●    Using the Application / Website for any illegal or unauthorized purpose.

●    Using false / fake identity information when registering accounts.

●    Reverse engineer the Application or Website.

●    Sharing your credentials.

●    Enabling any third party to do any of the aforesaid activities.

6.     Personal Data Usage

●    Dubu Dubu collects Driving Partner’s Personal Identifiable Information such as Name, Address, Mobile phone number, Age, Driving License, Aadhaar number, and Bank account details (valid payment method) during Onboarding.

●     Dubu Dubu reserves the right to store, process, access and use the Driving Partner’s personal identifiable information for background checks, verification, service, payment, research and analytics, as per applicable law. On signing these terms, the Driving Partner consents to the collection and usage of these information.

●    Dubu Dubu does not intend to misuse or sell any of this information to any third parties.

●    As per applicable laws, Dubu Dubu may provide the Driving Partner’s information to a government agency or Judicial body, if there is an accident or complaint or dispute or conflict involving the Driving Partner and the Customer or any third party.

●    On signing these terms, the Driving Partner consents to the collection and usage of these information. 

●    We may collect and use personal information for the following purpose. You can refer to our privacy policy on our website www.dubudubu.in for further details on personal data usage.

a.   To improve customer service – Information provided by you help us respond to your customer service requests and support needs more efficiently.

b.   To personalize user experience – We may use information in the aggregate to understand how our Driving Partners as a group use the services and resources provided on our Mobile Application / Website.

c.    To improve our Mobile Application / Website – We may use feedback provided by you to improve our products and services.

d.    To provide services and process payments, we may use the information provided by you and we do not share this information with outside parties except to the extent deemed necessary to provide the service.

e.    To run promotion, share company news, updates, related product, or service information, contest, survey or other Site features – To send driving partners information they agreed to receive about topics we think will be of interest to them.

7.  Payment Terms

Driving Partners understand there are charges incurred during the services you provide through Dubu Dubu. The Driving Partner is responsible for providing and maintaining payment methods for the customers and collecting fares for the services provided to the customers. Driving Partners are responsible for the collection and remission of any taxes that are applicable to the fares for services they provide to the customers. Dubu Dubu shall not be held responsible for any transactions held between the Driving Partners and the Customers and taxes applicable for the same. Waiting charges are included as part of the ride fare collected from the customers. The Driving Partner may collect a nominal amount for Toll / Parking charges whenever applicable.

Dubu Dubu charges Driving Partners with service charges for the services provided.

●      You need to pay service charges to be able to provide services with Dubu Dubu.

●      The driving partner shall pay the service charges applicable for 24 hours timeline, though the Invoice generated by Dubu Dubu for a Daily payments and on Weekly & Monthly subscription basis.

●      You should maintain a valid payment method and pay the service charges for the day on or before 3 PM everyday to continue using the services without any interference.

●      With a reasonable notice, Dubu Dubu can propose changes to these service charges / fares.

●      The cancellation charges incurred for the driving partner’s cancellations will be invoiced to the driving partner. The app will be locked, once the threshold amount is reached and till the payment is made.

8. Refund Policy

     For the cases of the payment made by the Driving Partners, not being reflected in the Dubu Dubu account or the incredulity of the payment or the account to which the payment has been done, they can raise a refund request with Dubu Dubu Customer Care. We shall review and send an email confirming your refund approval. Once your refund request is approved, your refund shall be processed by the payment gateway and a credit shall be automatically applied to the payment source within 7 – 10 working days or as per their terms.

9. Confidentiality

Driving Partner agrees to keep all data (including customer details, market information and documents related to Dubu Dubu) confidential.  All the above-mentioned data are exclusive property of the company. The Driving Partner does not have the rights to use the same for any other purpose or sell or distribute to third parties in any form, other than the purpose of providing the services as permitted by the company.

10. Liability

●      You are solely responsible for maintaining the confidentiality of your registration data and you will be liable for all the activities and transactions which occur through your account.

●      We shall not be liable for any loss that You may incur as a result of someone else using Your password or Account, either with or without Your knowledge.

●      We won’t be held liable for any loss occurred during any accident in case the customer or  driving partner are not insured.

●      In case of any damage to the vehicle as a result of your act, you will be held liable for the same.

●      We shall not be held accountable for the indirect, incidental, accidental, or consequential damages, lost profit or property damages caused while you provide services using our platform.

●      Dubu Dubu is only a Service provider of commutation services between the Driving Partner and Customers, and therefore is not responsible for both the parties’ behaviour or actions, any damages caused by the both the parties, and the condition of the vehicle. The company shall not be held responsible for the consequences of both the parties’ behaviour while providing services through the application. To any extent permissible per law, Dubu Dubu is not liable for any civil or criminal or other liabilities caused by both the parties.

11.  Indemnity

Driving Partner shall indemnify and hold harmless Dubu Dubu, its Affiliates, and their respective officers, employees, consultants, agents, and representatives (the “Indemnified Parties”) against any and all Claims which relate to any claims, demands, injuries or loss or damages or expenses arising out of :

●      Your use of Services through Dubu Dubu.

●      Customer’s or Third Party’s behaviour or action, while using the services.

●      Any claims from Third parties around the services we provide.

●      The Driving Partner agrees to indemnify, defend and hold Dubu Dubu harmless from and against any claim, liability, obligation, loss, damage, deficiency, assessment, judgment, cost or expense (including, without limitation to 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 Driving Partner to perform its obligations under these T&Cs or the applicable laws in relation to performance of the Services.

12.  Force Majeure

Dubu Dubu shall not be liable for any failure to perform any obligation under this user terms, if the performance is prevented or hindered or delayed by Force Majeure events and in case our obligations under this user terms and conditions shall be suspended as long as the Force Majeure continues or exists.

13.  Termination

Dubu Dubu is qualified to terminate the Driving Partner’s contract any time and refuse to provide services in the future without any prior notice, by disabling the account for:

●      Any Non-compliance or violation or breach of any of these Terms and Conditions or not abiding any rules and regulations of Dubu Dubu / Society or misusing / fraudulently using the platform in any way.

●      The Driving Partner’s background verification is negative.

●      Driving Partner withholding or providing wrong information during their on-boarding procedure.

●      Any participation in fraudulent activities or misconduct that can cause harm to Dubu Dubu and Society.

●      Too many customer complaints about the Driving Partner.

●      We reserve the right to suspend or terminate Your Account with immediate effect and for an indefinite period, if we have a reason to believe that the Registration Data or any other data provided by you is incorrect or false, or that the security of your Account has been compromised in any way, or for any other reason We may find just or equitable.

The Driving Partner’s can terminate the contract by stopping using the service by deleting the account or ceasing the use of the service.

14.  Disclaimer

Dubu Dubu provides services on as-is and as-available basis. Dubu Dubu makes no Representation or Warranty or Guarantee regarding the reliability, timeliness, quality, safety, suitability or continuous availability of services or the Application.  The entire risk arising out of the use of the services through the Application / Website remains solely with you, to the maximum extent permitted under applicable law.

Dubu Dubu strives to provide best services by keeping the platform and its contents up to date. But our Services are subjected to Limitations, Errors, Defects, Failures, Delays, and other problems inherent in the use of the Internet and Electronic Communications. Dubu Dubu is not responsible for any delays. Service Failures, or other Damages resulting from such problems and unavailability of the platform.

15.  Intellectual Property Rights

●      The company is the sole owner and has obtained a license to provide this service to you. We have lawful licence of all the rights to this application / website and its contents. The contents mean its design, layout, text, image, graphics, sounds, videos and other contents in the website. This website is protected under the Copy rights act and other laws.

●      All the Intellectual property rights on the website and its content shall remain with us. The website is intended for general use of the driving partner, customer, and the reader. All the logos or icons in this website are protected under copyrights, trademarks, and other Intellectual Property Rights law. The unauthorized use or copying or modification or use or publication of these marks is strictly prohibited.

●      Subject to your compliance with these Terms, the Company grants you a limited non-exclusive, non-transferable license to download and install a copy of the Platform on a single mobile device that you own or control and to run such copy of the Platform solely for your own personal use.

●      You shall not license, sub-license, sell, resell, transfer, assign, distribute, copy ideas, feature, functions, graphics of the platform or exploit the platform by any means.     

16.  Amendment

Dubu Dubu shall revise these Terms & Conditions from time to time and as and when required, at its own discretion. The amendments shall be posted on the platform immediately and a notification will be sent to you to make you aware of the changes.

17.  Dispute Resolution

Dubu Dubu and Driving Partners shall initially attempt to resolve all the claims, disputes or controversies arising under, out of or in connection with this Agreement or from the Services provided or operating procedures or on termination or payment by conducting good faith negotiations amongst themselves. Following good faith negotiations, if the parties are still unable to come to an agreement, the dispute will then be decided by binding arbitration. The other parties to this agreement must be notified in writing if a party decides to launch arbitration procedures. However, for a period of fifteen (15) days after sending the notice, the giving party must refrain from initiating the arbitration proceedings. The parties must try in good faith to settle the claim, disagreement, or controversy without arbitration during this time. Any arbitration under this agreement must be conducted in English, and if necessary, a translator may be brought in.

18.  Customer Care and Grievance Redressal

You can share your issues, suggestions or opinions on the platform or services provided by us in our customer care number or using the chat functionality available in Dubu Dubu App or email mentioned below. Our customer service representative will get back to you.

customercare@dubudubu.in

You can report your complaints, disputes, or grievances on the services we provide in the email mentioned below. We will address this as per applicable law.

grievance@dubudubu.in

Any issues reported regarding a specific Service you requested, or a Driving Partner may be reported within 24 hours from when the service was availed. For any issues or grievances that are criminal in nature, please make sure you file a complaint with us within 72 hours from when the service was availed.

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