Capital Trust Mobility Solutions (Pvt) Limited ("the Company"), No 42 Sir Mohammed Macan Marikar Mawatha Colombo 03, Sri Lanka bearing company registration number PV 00209096. The Compaby is a ride sharing service provider which has a app based technolology/ system which will provide the platform for briding the Drivers/Riders/ Vehicle Owner with the customers/Passngers for availing ride hailing services (hereinafter referred to as the “product” or “service” or “Taxiya”).
Below are the terms and conditions for vehicle owners/drivers/riders who will use the Services (hereinafter referred to as “Driver/ Rider Terms and Conditions Agreement”). This Agreemental is supplemental to the terms and conditions set out in the application/ system.
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.
Upon approval, you will be provided an account (“Owner/Driver/Rider Account”) through which you can interact with the Service/product. You acknowledge and agree that you are solely responsible for all activities that occur on or through your Owner/ Driver/ Rider Account. You should select, and adequately protect a password for use with your Owner/ Driver / Rider Account.The Company shall make decisions on all applications in its sole discretion. All decisions are final. The Company reserves the right to perform background checks, including personal, criminal and motor vehicle background checks. If the company determines to run a background check on you, you agree to co-operate the Company in this regard, including providing additional information and/or written consent to enable such checks as may be necessary.
This agreement stands valid until either party decides to terminate this Agreement either in writing or by wayof disabling the application or system or by way of deactivating your Owner/ Driver / Rider Account. Termination by the Owner/ Driver can be done only by 30 days prior notice to the Company. If the Owner/ Driver / Rider commits any gross misconduct or is engaged in any activity which is against the interest of the Company, the Company at its sole discretion may take necessary action against the Owner/ Driver / Rider including but not limited to imposing fine, forfeituing commission, deactivating Owner/ Driver / Rider Account and/ or reporting the same to the law enforcing agency etc.
For any information you provide to the company, including your photo, or other pictures, (“Driver/ Rider Materials”), you hereby grant the company complete rights, consents and releases to use same for all legal purposes, including to reproduce, distribute, publicly display, and publicly use your name and your image and likeness or other Driver/Rider Materials, in connection with our operation, promotion and administration of the Services, without any compensation for, or obligation to pay, you or any third party.
You acknowledge and agree that your failure to adhere to any of the terms and conditions applying to the Owner/Driver/Rider Account may result in the suspension and even termination of your Owner Account and your inability to further access or use the Services.
If you enroll yourself as an Vehicle Owner/Driver/Rider by the Company, you will be an independent service provider. You acknowledge and agree that you are not an employee of the company and that nothing in these Vehicle Owner/Driver/Rider Terms and Conditions Agreement, or otherwise, will be construed as establishing an employment or agency relationship between the Company and you. Without limiting the foregoing, that means that you do not have any authority to bind the Company in any manner and you will not be entitled to any benefits paid or made available by the Company to its employees.
You acknowledge and agree that you will be solely responsible for payment of all taxes, license fees, and insurance or similar items required by any government agency for any payments received by you from or in connection with your use of the Services. Furthermore, you aare solely responsible for ensuring compliance with all the laws of Sri Lanka including but not limited to the traffic laws, motor vehicle related laws, Ride Sharing Service Guideline and/ or anyother laws or directions issued by the government or regulatory authority(s).
You are solely responsible for obtaining and maintain the means for accessing and using the Services. If you access and use our Services via a mobile network, your network provider's data and messaging rates and fees shall apply.
Once your Owner/Driver/Rider Account is established, you will be able, through a mobile application, to view and accept rides that have been requested by users of the Services. From time to time we may also send you (and/or other Drivers) notifications via text, email or via the Application (or otherwise) to highlight the opportunity to accept a ride in your general vicinity or in relation to any other issues as the Company may decide.
If you are selected as a Driver or Rider, you hereby represent and warrant to us that:
Your sole compensation/ consideration for the provision of rides via the Services, will depend upon the package type that you have signed up for or you are eligible for in accordance with the payment tems set by the Company from time to time.
The billing cycle of the company is every 7 (seven) days with a stipulated credit limit. You will be required to settle all ride fees, and applicable payment to the Company within the billing cycle. Failure to do so would result in automatic suspension of your account.
All payments owed to you by the Company will be settled weekly on a Monday, Wednesday or Friday. You are solely responsible for providing complete and accurate Bank/ BKash or any other sort of Account and contact information to us.
We will not reimburse you for any expenses incurred in connection with your provision of rides via the Services/ Application. You are solely responsible for all costs incurred by you while using the Services and providing rides via same (including, without limitation, the upkeep of your vehicle) and determining, collecting, reporting and paying all applicable state and taxes.
The Company may revise the servise Fees and/or Ride Fees at any time, in its sole discretion, by providing you at least 7 (seven) days prior notice of same via the Services.
Legal Disclaimers; Limitation of Liability; and Indemnity
YOU ACKNOWLEDGE AND AGREE TO THE FOLLOWING LIMITATIONS OF LIABILITY, TO THE MAXIMUM AMOUNT ALLOWED BY APPLICABLE LAW:
You hereby agree to indemnify and hold the company, its Affiliates, and their respective office, directors, employees and agents, harmless from any and all actual or threatened claims, demands, losses, liabilities, and expenses (including reasonable attorneys' fees and costs of suit), arising from, or in connection with: (a) your use or misuse of the Services; (b) your provision of rides via the Services; (c) your breach or other violation of: any representations or warranties you made to the Company, the Passenger and/ or the terms and conditions set forth in this Terms and Conditions Agreement, or the the Company’s Terms; (d) any transaction or activities between you and any Passenger, or other user of the Services, or any other third party; or (e) your violation of any applicable law or regulation.
The Company will not be liable for, or be considered to be in breach of or default under the Terms on account of, any delay or failure to perform as required by the Terms as a result of any cause or condition beyond Company’s reasonable control.
This agreement is governed and construed in accordance of Sri Lanka Law., and any grievence of the Owner/Driver/Rider shall first be referred to the Company which will dispose of the same. If the Owner/Driver/Rideris aggrieved by such decision, the Owner/Driver/Rider shall be at liberty to proceed in accordance with the law of Sri Lanka.