These terms (the Terms) form a binding legal agreement between you and M/s. Gozo Technologies Private Limited (hereinafter referred to as “Company”, “Gozo” or “Gozocabs”), located at F - 210, UGF, Sushant Shopping Arcade, Sushant Lok Phase-I, Gurugram, Haryana-122001, (we, us, our), and relate to how you may use services provided by us at www.gozocabs.com (Site) and/or the downloadable Gozo Partner Services software application (App) (together with the Site, referred to as “Gozo Partner Services”) to generate real time communication and advertising with users via services including the facility to allow users to book taxi with our company, real-time updates on the taxi to the user, displaying our fees and general company listing information (Gozo Services).

By using the Gozo Services you will be deemed to have agreed to the Terms.

You agree that we may modify the Terms without notice to you as and when we determine, and you should check for any changes on a regular basis. You agree that any use by you of the Gozo Services following changes having been posted by us will be deemed acceptance of all such changes.

In consideration of the fulfilment by you of the obligations imposed on you by the Terms, we hereby grant you a non-exclusive, non-assignable, non-transferable non sub-licensable licence for the duration of the agreement of the Terms to use Gozo Partner Services and the Gozo Services.

You agree that you will at all times:

not take any action that imposes in our sole discretion an unreasonable or disproportionately large load on our infrastructure;

not access (or attempt to access) any part of Gozo Partner Services by any means other than through the interface that is provided by us (including without limitation via any automated means, scripts, robots, spiders, scrapers or web crawlers);

not copy, duplicate, reproduce, rent, lease, loan, sell, trade, resell, modify, create derivative works distribute or publicly display any part of Gozo Partner Services without prior written consent from us and any third party determined by us as appropriate;

not interfere or attempt to interfere with the proper working of Gozo Partner Services or any activities conducted via Gozo Partner Services;

not bypass any measures we may use to prevent or restrict access to Gozo Partner Services;

not attempt to reverse engineer, decompile or otherwise seek to obtain access to the source code in Gozo Partner Services; and/or

not engage in any activity that interferes with or disrupts Gozo Partner Services, or the servers and networks which are connected to Gozo Partner Services.

We may elect to update Gozo Partner Services. These updates may include bug fixes, feature enhancements or improvements, or an entirely new version of Gozo Partner Services. You agree that we may notify you of such updates to you as part of Gozo Partner Services and you shall receive and install them as required. If you choose not to install any update, you acknowledge that the performance of the Gozo Partner Services may be affected.

In order to access the Gozo Partner Services you will be required to set up an account with us. We will send you a link via email or text message from which you can download Gozo Partner Services. You are responsible for maintaining the confidentiality of passwords associated with your account.

You represent and warrant to us that you any and all information provided by you is true, accurate and complete. You undertake to notify us promptly of any changes to such information.

You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.

We reserve the right to suspend or decline an application from you to open an account if we believe that you are in breach of any provision of the Terms.

If you become aware of any unauthorised use of your password or account you agree to notify us immediately at info@gozocabs.com.

We will use reasonable endeavours to ensure the availability of the Gozo Services. However, you acknowledge as reasonable that:

there may be occasions when, due to unforeseen technical difficulties that may affect servers, the internet in general, or other equipment, the Gozo Services may be unavailable; and/or

from time to time, we may need to carry out scheduled maintenance on Gozo Partner Services, which may require its temporary suspension. and accordingly, we made no representation that the Gozo Services will be available at all times, and accept no liability for any temporary unavailability.

The Company shall extend customer lead or outsource any travel related business to the Vendor and in return the Vendor shall pay a fee on the GMV of all such transactions, as directed by the Company from time to time. Applicable taxes (like GST) would be charged on such fee as required by the prevailing laws.

The Company shall raise an Invoice at regular intervals for the applicable fee on all the transactions (as above) with the Vendor and the Vendor shall deposit such fee in the Company’s account within 7(seven) days from the issue of such Invoice.

Gozo Partner Services will provide a platform for you to provide information in relation to your cab availabilities and preferred routes in the Vendor Registration Form. You acknowledge and accept that you are liable for:

the availability, reliability or quality of any taxi included in the Vendor Registration form;

ensuring your drivers comply with the terms between us (“Driver Terms”) and be responsible for any breaches of the same;

keeping the Vendor Registration details and Taxi related information accurate and up to date.

You acknowledge and agree that we are not responsible or liable in any way for any Taxi Related Content or the circumstances outlined in 5.1 and have no duty to moderate such Taxi Related Content or the circumstances outlined in 5.1.

You understand that we may, in our absolute discretion, edit, alter, delete or move any Taxi Related Content posted to, appearing on or distributed by Gozo Partner Services. This includes, as part of the performance of the technical steps required to provide Gozo Partner Services to other users, (a) transmitting or distributing Taxi Related Content over various public networks and in various media; and (b) making such changes to Taxi Related Content as are necessary to conform and adapt it to the technical requirements of connecting networks, devices, services or media. It also includes our right at any time to take down, un-publish, take offline, delete, archive, prohibit, ban, or otherwise remove any Taxi Related Content which we, in our sole discretion, believe does not relate or is improper or inappropriate to Gozo Partner Services, or which may breach any legislation and/or cause offence, distress or adverse reaction.

You undertake that you will not at any time:

send, upload, download, distribute or transmit any Taxi Related Content to Gozo Partner Services that is abusive, indecent, unlawful, harmful, threatening, defamatory, obscene, harassing, menacing or offensive (including whether racially or ethnically), is to your knowledge inaccurate, is in breach of confidence or of a third party’s intellectual property rights, facilitates illegal activity, depicts sexually explicit images, or promotes unlawful violence, discrimination based on race, gender, colour, religious belief, sexual orientation, disability, or any other illegal activities, or which has a disruptive influence on Gozo Partner Services;

send to or via Gozo Partner Services any chain letters, junk mail, solicitations (commercial or non-commercial), “spam” or unsolicited advertising or promotional material; and/or

use Gozo Partner Services in any manner which in our opinion is or is likely to be detrimental to the provision of Gozo Partner Services, or to the business and/or reputation of Gozo Partner Services.

Gozo Partner Services contains a range of information (including fonts, text, data files, video, audio and graphics and other content) (Content) which is protected by copyrights, trademarks and other forms of Intellectual Property Rights recognized and protected by national and international laws. You agree to comply with all such laws as are applicable to you.

Except as permitted by the Terms, you may not copy, or make any use of any part of the App or use any such Intellectual Property Rights for any purposes. In particular, you may not modify, rent, lease, loan, sell, distribute or create derivative works based on the Content (either in whole or in part) unless you have been specifically permitted to do so by us, or by the owners of that Content, in a separate agreement.

You may not use any of the fonts, trademarks, trade names, service marks, copyrights, logos, domain names and other distinctive brand features belonging to us or any third party unless you have valid written permission to do so. You agree not to alter, remove or obscure any proprietary rights notices (including copyright and trade mark notices) which may appear in or be held within Gozo Partner Services.

In the Terms, Intellectual Property Rights shall mean all intellectual property rights wherever in the world arising, whether registered or unregistered (and including any application), including copyright, database rights, patents, patent applications, patent rights, rights in designs, trademarks, trademark applications, trademark registrations, trademark rights, trade secrets, fonts, typefaces and all other intellectual property and proprietary information rights as may exist now or hereafter come into existence, all modifications, continuations, renewals and extensions of the foregoing, and all claims, actions, causes of action, damages, costs, expenses, profits, penalties, recoveries and remedies relating to any past, present or future infringement of any of the foregoing, arising under the laws of any country, state or jurisdiction in the world.

That the Vendor shall advise and train it’s Drivers to comply with basic etiquettes and behaviour as may be expected of them for quality and impressive performance of Travel Services being performed by the Vendor. This includes among others:

the payment from the Customer as advised and depositing neat and clean appearance and uniform of the Driver;

courtesy greetings to the Customer by the Driver;

polite and friendly conduct of the Driver with the Customer;

opening of doors by the Driver while the Customer enters into or alights from the car;

regularly having the car cleaned and serviced;

regularly checking the controls, lights, oil and fuel status of the car;

maintaining first aid kit in the car;

Driver not smoking inside the car;

Driver not using the phone while driving;

Driver operating AC, music player, perfume dispenser etc. only with the consent of the Customer;

Driver avoiding over-speeding and rough driving;

Driver driving the car with full attention and responsibility;

helping the Customer along the route to the best of his abilities;

avoid argument with the Customer;

escalating any issues or problems to his immediate superior or the Company Customer Care Department;

duly collecting the same with the Vendor or person assigned by the Vendor.

that only Vendors themselves or their enlisted Drivers are authorized to deliver Travel Services on behalf of it’s Gozo Vendor Account with the Company.

The Vendor shall ensure that all it’s Drivers employed in Gozo Travel Services are law abiding citizens of the country, have a valid Driving License, Photo Identity Proof & Address Proof. The Company reserves the right to seek a copy of such documents as and when necessary. The Vendor must also ensure that the background and past history of the Drivers employed in Gozo Travel Services have been adequately checked.

The Vendor shall ensure that all the Vehicles used in Gozo Travel Services are having required Commercial Taxi License, State Permits and all such relevant documents as required by law.

The Vendor shall maintain clear and up-to-date purchase/lease/financial documents with respect to the Vehicles used in Gozo Travel Services.

that the Vendor shall not authorize third parties to use his Gozo Vendor Account with the Company and neither shall he assign or otherwise transfer his Gozo Vendor Account to any other person or entity.

that the Vendor shall not in its performance of Travel Services cause nuisance, annoyance, inconvenience, personal or property damage, whether to the Consumer or to any other party and shall keep the Company indemnified of all consequences, monetary or otherwise, of all such acts of omission, if any.

that the Vendor agrees to comply with all applicable laws when using the Gozo Services, and that it shall only use the Services for lawful purposes.

We may at any time terminate the Terms with you and the supply of any Gozo Services by;

by giving 30 days’ notice to you to expire at any time; or

by written notice where in our sole discretion the provision of the Gozo Services are no longer commercially viable.

You may terminate the Terms by giving at least two months’ notice to us.

Either party may terminate the Terms immediately on notice to the other party if:

either party has materially breached any provision of the Terms and where such breach is capable of remedy the party has not so remedied in 30 days of written notification; or

either party is required to do so by law.

On termination of the Terms, by whatever means,

you shall pay us any outstanding sums due up to the date of termination;

the licence at 2.1 shall immediately terminate and the provisions of clause 6.7, 7, 8, 9 and 10 shall survive termination of the Terms; and

you shall, at our discretion, either return or destroy all material that contains our confidential information, our Intellectual Property Rights or any user personal data (and will certify in writing that this has been done).

Nothing in these Terms (including this clause 9) shall exclude or restrict the liability of either party for death or personal injury resulting from the negligent act of one party or for any other liability to the extent that the same may not be excluded or restricted by governing law, or for liability for any fraudulent misrepresentation by a party to the Terms.

You acknowledge and agree that the App may not be free of errors or bugs and you agree that the existence of any such errors shall not constitute a breach of the Terms.

There are no conditions, warranties, representations or other terms, express or implied, that are binding on us except as specifically stated in the Terms (including without limitation implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement). Any condition, warranty, representation or other term concerning the supply of the App which might otherwise be implied into or incorporated in the Terms, or any collateral contract, whether by statute, common law or otherwise, is hereby excluded to the fullest extent permitted by law. You expressly understand and so agree that your use of the App is at your sole risk and that the App is provided "As Is" and "As Available." Any material downloaded or otherwise obtained or accessed through the use of the App is done at your own discretion and risk, and that you will be solely responsible for any damage, loss, or prejudice to your computer system or other device or loss of data that results from the download or access of any such material.

You acknowledge that we do not guarantee any use by customers of Gozo Partner Services, the profitability of the service or anything in relation to the customer’s journey with the driver, including but not limited to payment of the fare.

In particular, we, our subsidiaries and affiliates, and our licensors, do not represent or warrant to you that:

your use of the App (including without limitation its use in conjunction with any other software) will meet your requirements, that your use of the App will be uninterrupted, timely, secure or free from error or that defects in the operation or functionality of the App provided to you will be corrected;

any information obtained by you as a result of your use of the App will be accurate or reliable; and/or

any content will be accessible at any particular time.

You acknowledge and accept that, notwithstanding all security precautions we may use, use of or connection to the internet provides the opportunity for unauthorised third parties to circumvent such precautions and illegally gain access services of the same type as the service offered through Gozo Partner Services. Accordingly, and notwithstanding any other provision of these Terms, we cannot and do not guarantee, and will not be liable in any way to you or any other party for the privacy, security or authenticity of any information transmitted over the internet, or for any uptime failure or non-availability of the service provided through Gozo Partner Services.

You expressly understand and agree that we and our licensors shall not be liable to you for:

any direct, indirect, special, incidental or consequential loss or damage which may arise in respect of the App and/or its use or non-availability;

loss of profit, business revenue, goodwill and anticipated savings;

any trading or other losses which you may incur as a result of use of or reliance upon any content; and/or

the deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through your use of the App; and/or

any effect which use of the App may have on the software you use.

You agree that you are solely responsible for (and that we have no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which we may suffer) of any such breach. You agree to indemnify and keep indemnified us against any loss, claim, liability, loss or expense (including reasonable legal expense) howsoever incurred by us as a result of your breach of any Term, or of any negligent act or omission of you (including as a consequence of any use, abuse, performance, activity, or access of Gozo Partner Services by you).

You shall not assign, transfer or sub-license any of your rights or obligations under the Terms. We may at any time assign all or any of our rights and transfer all or any of our obligations under the Terms. Failure or neglect by us to enforce any of the provisions of the Terms at any time shall not be construed or deemed to be a waiver of our rights nor shall this in any way affect the validity of the whole or any part of the Terms, nor prejudice our rights to take subsequent action.

If any part of any provision of the Terms shall be or become invalid, unlawful or unenforceable to any extent, then the remainder of such provision and all other provisions of the Terms shall continue to be valid and enforceable to the fullest extent permitted by law. The Terms represents the entire agreement of you and us in relation to the subject matter of the Terms and supersedes any previous agreement between you and us in relation to Terms. Neither of you and us has relied upon any statement or representation made by the other in agreeing to enter this agreement.

Vendor acknowledges that Company may, in reliance of this Agreement, provide Vendor access to trade secrets, customers and other confidential data and goodwill. Vendor agrees to retain the said information as confidential and not to use the said information on his own behalf or disclose the same to any third party.

The Gozo Services, Gozo Logo, Gozo website, Gozo Mobile Application and Gozo Data, including all other intellectual property rights therein, and the Gozo devices are and shall remain the property of Gozo. Neither this Agreement nor Vendors's use of the Gozo services, its Various Platforms or Gozo Data, conveys or grants to Vendor any rights: (a) in or related to the Gozo services, Its various Platforms or Gozo Data, except for the limited license granted as above; or (b) to use or reference in any manner Gozo's company names, logos, product and service names, trademarks, service marks or other indicia of ownership. Additionally, Vendor acknowledges Gozo rights in its GOZO family of trademarks and names, including GOZO, alone and in combination with other letters, punctuation, words, symbols and/or designs. Vendor agrees it will not, and it will ensure that its drivers do not, try to register or otherwise claim ownership in any of the GOZO Marks and Names, alone or in combination with other letters, punctuation, words, symbols and/or designs, or in any confusingly similar mark or name.

This Agreement shall commence of the date that the Agreement is executed by customer (electronically or otherwise) and shall continue until terminated as set forth herein.

The Company’s Privacy Policies as expressly put on the website and updated from time to time, explain how the Vendor’s personal data and privacy are protected when the Vendor uses our Services. Also, by using the Services, the Vendor agrees that the company may use such data in accordance with its Privacy Policies.

Content displayed on Gozocabs website is copyrighted by the Company. It respects all copyrights and trademarks owned by third-parties. Any third-party content or logos displayed on this website are owned by the respective third-party. The Vendor too, is expected to respect all such copyrights. It may not copy or reproduce any content offered by Gozocabs Services without express consent of the Company.

The Terms shall be construed in accordance with Indian laws and the parties hereby submit to the exclusive jurisdiction of the Indian courts to settle any disputes which may arise in connection with the Terms.