Vendorship / Vendor's Agreement
Effective Date: 19/Nov/2024
This Vendorship Agreement (the “Agreement”) is entered into as of [You Registered with Us], by and between InfoTheme Private Limited, having its principal place of business at KH No.747, Dandi Nehru Gram P.O. Nehru Gram , DEHRADUN, Uttarakhand, India - 248001 and the Vendor/Driver (hereinafter referred to as the “Vendor” or "Partner"), with their registered office / home Address. InfoTheme Private Limited operates the platform PointPe, a brand for online cab rental services (hereinafter referred to as the “Platform”).
Definitions
We collect various types of data to provide you with the best possible service. This data includes:
Vendor
refers to any registered driver, vehicle owner, or service provider who has entered into this agreement to provide transportation services via the Platform.
Customer
Refers to any person who uses the Platform to book a ride or request transportation services.
Platform
Refers to the mobile application and website, PointPe, which connects customers with vendors for booking transportation services.
Commission
Refers to the fee charged by InfoTheme Private Limited for the services provided via the Platform, as specified in Section 4 of this Agreement.
Agreement Duration
This Agreement shall commence on the Effective Date and shall remain in full force and effect until terminated by either party in accordance with the terms outlined herein.
Agreement Duration
This Agreement shall commence on the Effective Date and shall remain in full force and effect until terminated by either party in accordance with the terms outlined herein.
Vendor Obligations
Provision of Services
The Vendor agrees to provide transportation services to customers via the Platform in accordance with the Platform's terms, guidelines, and policies.
Vehicle Requirements
The Vendor shall ensure that the vehicle(s) used for providing services are registered, insured, and meet all government-mandated requirements, including having a valid Vehicle Registration Certificate (RC), Third & First Party Insurance Policy, Fitness Certificate, and Pollution Under Control (PUC) certificate.
Driver Requirements
TThe Vendor shall ensure that the drivers associated with the vehicle have a valid Driver's License, are properly trained, and have passed all necessary background checks, including Police Verification.
Compliance with Laws
The Vendor shall comply with all applicable laws and regulations, including but not limited to, traffic laws, transport rules, and the provisions set forth by the Indian Motor Vehicles Act or any other relevant laws in India.
Customer Safety
The Vendor shall ensure that all services provided via the Platform meet the highest standards of safety and customer service, including maintaining the cleanliness of the vehicle and ensuring that safety equipment (e.g., seat belts, fire extinguishers) is in good working condition.
Commission and Fees
Platform Fees:
Commission
InfoTheme Private Limited will charge the Vendor a 5% commission fee on each booking processed via the Platform. This commission is subject to change at InfoTheme’s discretion, with prior notice provided to the Vendor.
Platform Fee for Customers
The Platform charges a 5% tax and a 2% platform fee from the Customer for each ride booked through the Platform. The Vendor agrees that this fee will be included in the final price paid by the customer and processed by the Platform.
Payments
The Vendor will receive the payment for services rendered, minus the applicable commission, through CashFree Payments Network, or any other payment gateway specified by InfoTheme. Payment will be made within the time frame and subject to the conditions set forth by InfoTheme.
Refunds and Cancellations
If a Customer requests a refund or cancels the ride after a certain period, the Vendor will abide by the Platform’s refund and cancellation policy, and may be subject to a partial or full refund based on the circumstances.
Vendor’s Obligations to PointPe
Account Verification
The Vendor agrees to provide accurate and complete information for identity verification purposes and understands that this information will be processed via CashFree Payments Network and API Setu for KYC (Know Your Customer) verification.
Vehicle Information
The Vendor shall upload required documents regarding the vehicle(s) being used for providing services, including the Vehicle RC, Insurance, and any other documents required by InfoTheme.
Maintaining Data
The Vendor agrees that all information provided, including personal data, vehicle data, and financial data, will be securely stored and processed in accordance with PointPe’s Privacy Policy.
Compliance with Platform Standards
The Vendor agrees to maintain and adhere to the standards set by PointPe regarding the performance, service quality, and conduct towards customers. Failure to meet these standards may result in penalties or termination of this agreement.
Data Security and Confidentiality
Security
Both parties agree to protect the privacy and confidentiality of any personal or sensitive data received during the course of this Agreement. All transactions, including KYC data, financial transactions, and other personal information, will be processed through CashFree Payments and API Setu, with security guaranteed by their platforms.
Confidentiality
The Vendor shall not disclose any confidential information, such as customer details, business processes, financial data, or proprietary information related to PointPe, to any third party without prior written consent.
Data Deletion
Upon request by the Vendor, or upon termination of this Agreement, all personal and transactional data will be deleted from InfoTheme’s servers, in accordance with the Data Deletion Policy and Privacy Policy.
Termination
Termination by Vendor
The Vendor may terminate this Agreement by providing 45 days notice to InfoTheme in writing, subject to the terms and conditions of this Agreement.
Termination by InfoTheme
InfoTheme reserves the right to terminate this Agreement at any time with immediate effect, if the Vendor breaches any of the terms of this Agreement or if the Vendor fails to comply with the Platform’s standards or applicable laws.
Effects of Termination
Upon termination of this Agreement, the Vendor’s access to the Platform and its services will be revoked, and any pending payments due to the Vendor will be settled in accordance with the terms of this Agreement.
Limitation of Liability
InfoTheme shall not be held liable for any damages, losses, or expenses incurred by the Vendor or any third party due to the Vendor’s failure to comply with the terms of this Agreement, or any wrongful act by the Vendor.
InfoTheme is not responsible for any loss of business or revenue that the Vendor may incur due to the suspension, termination, or discontinuation of the Platform’s services.
Indemnification
The Vendor agrees to indemnify and hold harmless InfoTheme, its affiliates, directors, employees, agents, and representatives from any claims, damages, losses, liabilities, costs, or expenses arising out of or related to the Vendor’s breach of this Agreement or any third-party claims resulting from the Vendor’s actions or services.
Miscellaneous
Amendments
InfoTheme reserves the right to amend or modify the terms of this Agreement at any time, and such amendments will be effective upon notification to the Vendor.
Entire Agreement
This Agreement constitutes the entire understanding between the parties and supersedes all previous agreements and communications, whether written or oral, regarding the subject matter herein.
Effects of Termination
Upon termination of this Agreement, the Vendor’s access to the Platform and its services will be revoked, and any pending payments due to the Vendor will be settled in accordance with the terms of this Agreement.
Governing Law and Dispute Resolution
This Agreement shall be governed by and construed in accordance with the laws of Dehradun, Uttarakhand, India. Any dispute arising out of or in connection with this Agreement shall be resolved through arbitration in accordance with the rules of the Indian Council of Arbitration (ICA).
Signatures
By clicking the signup, login, or continue button on the app or website's signup page, both parties (you and the company) acknowledge and agree to the terms of this Agreement. If you have any query regarding this please contact us:
PointPe Legal Supprt
Email: legal@pointpe.com
By using the Platform and its Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Vendorship/Vendor's Agreement.