Terms & Conditions - Partner

AVAS DRIVER (PARTNER) TERMS OF SERVICE

1. Introduction

1.1. Welcome to Avas. These Driver Terms of Service (“Driver Terms”) govern your use of the Avas platform (the “Platform”), which includes the Avas mobile application (“Application” or “App”), website, and related technology provided by Avas Enterprises Pvt Ltd and/or its affiliates (collectively, “Avas,” “we,” “us,” or “our”).

1.2. Acceptance of Terms. By registering for, accessing, or using the Platform as a driver, delivery partner, or provider of any transportation, delivery, or related services (“Driver,” “you,” or “Partner”), you acknowledge that you have read, understood, and agree to be bound by:

• These Driver Terms,

• The general Avas Terms of Service (where applicable),

• The Avas Policies (defined in Section 2), and

• Any supplementary terms displayed on the Platform.

If you do not agree with these Driver Terms, do not use or continue using the Application or the Service.

1.3. Amendments. Avas may amend these Driver Terms from time to time by posting updates on www.avasapp.com or via in-app notifications. Your continued use of the Platform after such amendments are posted constitutes your acceptance of the revised terms. If you do not accept the amendments, you must cease using the Platform.

1.4. Technology Platform Only. Avas is a technology company that provides an online Platform to connect end-users or consumers (“Consumers” or “Users”) seeking transportation, delivery, or other services (“Solutions”) with independent service providers (“Drivers” or “Partners”). Avas does not operate as a transportation carrier, nor does it employ Drivers. As a Driver, you operate independently and bear full responsibility for your own actions and compliance with applicable laws.

2. Definitions

For the purposes of these Driver Terms, the following definitions apply. Capitalized terms not defined here may be defined elsewhere in these Driver Terms or in Avas’s general Terms of Service.

• Application: The mobile application(s) Avas makes available to Partners for receiving or fulfilling ride requests, delivery requests, or similar service opportunities.

• Avas / we / us: Avas Enterprises Pvt Ltd and its subsidiaries or affiliates.

• Avas Policies: All policies, FAQs, guidelines, notices, codes of conduct (such as the Driver Code of Conduct), and other documentation referenced or made available by Avas (e.g., on its website or within the Application), as updated from time to time.

• Consumer / User: Any person who uses the Platform to request or receive Solutions.

• Driver / Partner / you: An independent third party (not employed by Avas) who offers and provides transportation, delivery, or other services to Consumers through the Platform.

• Platform: The Application, software, related websites or portals owned or operated by Avas, and any other features or services made available to facilitate the provision of Solutions to Consumers.

• Service: The technology and tools Avas provides to connect Consumers and Drivers, including the ride-hailing, delivery, or similar on-demand features in the Application.

• Solutions: The services a Driver provides to Consumers through the Platform (e.g., transportation, delivery of goods).

3. Representations, Warranties, and Undertakings

By using the Service as a Driver, you represent, warrant, and undertake that:

3.1. Legal Age & Capacity.

• You are at least eighteen (18) years old (or the age of majority in your jurisdiction if higher) and have the legal capacity to enter into these Driver Terms.

• You will provide valid documentation (e.g., ID, driver’s license) as proof of age or identity if requested by Avas.

3.2. Accuracy of Information.

• You agree to submit true, accurate, and complete information during registration, including personal details, vehicle information, and any licenses or permits.

• You will promptly update your information if it changes (e.g., address, phone number, driver’s license expiration date).

• You acknowledge that Avas may verify the information you provide (e.g., background checks, document verification), subject to applicable laws.

3.3. Licenses & Compliance.

• You hold all required licenses, permits, approvals, and insurance policies necessary to perform the transportation or delivery services you offer.

• You will comply with all relevant laws (traffic, vehicle operation, safety, etc.) and regulations in your jurisdiction while using the Platform.

• You agree to maintain any required insurance (e.g., commercial auto insurance, personal injury protection) and will provide proof upon request.

3.4. Device & Account Security.

• You are responsible for the security and use of your Avas account, including maintaining the confidentiality of any login credentials.

• You will not share your account or allow any other person to operate under your account.

• You must immediately notify Avas if you suspect unauthorized access to or use of your account.

3.5. Proper Use.

• You will only use the Platform for lawful purposes and in accordance with these Driver Terms and applicable Avas Policies.

• You will not engage in activities that violate local or national laws, infringe on any party’s rights, or disrupt the Platform’s normal functionality (e.g., hacking, sending viruses, or malicious code).

3.6. Service Quality.

• You will provide safe, reliable, professional, and courteous service to Consumers, adhering to any relevant guidelines or codes of conduct issued by Avas (e.g., the Driver Code of Conduct).

• You will maintain cleanliness of your vehicle or delivery equipment, ensure prompt arrival, and follow reasonable consumer instructions unless they are unsafe or violate the law.

3.7. Vehicle & Equipment Standards (If Applicable).

• Your vehicle or delivery equipment must meet all legal and safety requirements (e.g., valid registration, periodic inspections).

• You must keep your vehicle in good operating condition (e.g., functioning brakes, lights, tires).

4. License Grant and Restrictions

4.1. License.

• Avas grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Platform solely for offering and providing your Solutions to Consumers, subject to your continued compliance with these Driver Terms.

4.2. Restrictions. You agree not to:

• Modify, reproduce, distribute, or create derivative works based on the Platform or any content provided therein, without Avas’s prior written consent.

• Reverse-engineer or extract source code from any part of the Application or related software, except to the extent allowed by applicable law.

• Use the Platform for any unlawful, deceptive, or fraudulent purpose.

• Attempt to gain unauthorized access to or disrupt any part of the Platform or related systems (e.g., by hacking or denial-of-service attacks).

5. Payments

5.1. Fare Calculation.

• Avas may provide in-app fare estimates or calculations based on factors like distance, time, demand, or other metrics.

• You acknowledge these calculations are estimates and actual earnings may vary (e.g., traffic delays, waiting times, Consumer promotions).

5.2. Service Fee (Commission).

• Avas may charge a service fee or commission for each completed transaction facilitated through the Platform.

• The applicable fee (and the method of calculation) will be communicated to you in advance through the App, the Avas Policies, or separate driver documentation.

5.3. Payment Processing.

• In certain regions, Avas or a third-party payment processor may collect Consumer payments (including credit/debit card payments) on your behalf.

• Avas will disburse the appropriate portion of those amounts to you, subject to any applicable service fee or deductions (e.g., transaction costs, taxes withheld by law).

• Payout schedules and methods (e.g., weekly bank transfers, instant payouts) will be outlined in the Avas Policies or driver resources, and may vary by jurisdiction.

5.4. Taxes.

• You are solely responsible for assessing and paying any income, sales, or other taxes in connection with your earnings or use of the Platform.

• You agree to comply with all tax obligations, including filing and withholding, as required under local law.

5.5. Adjustments & Deductions.

• Avas reserves the right to adjust or withhold amounts (e.g., to correct calculation errors, process Consumer refunds, or resolve disputes).

• If you owe amounts to Avas (e.g., negative balance, chargebacks, penalties), Avas may deduct such amounts from your future earnings or take other lawful actions to collect them.

6. Refund Policy

6.1. Consumer Refunds.

• Avas handles refunds or credits to Consumers at its discretion (e.g., in cases of trip cancellations, service complaints, payment disputes).

• As a Driver, you are not generally required to issue refunds directly to Consumers, but you may need to cooperate with Avas’s investigation or instructions.

6.2. Cooperation.

• You agree to provide information or evidence (e.g., trip records, photos, communications) if needed to resolve a refund request or dispute.

• If Avas determines a refund to a Consumer is warranted, it may withhold or debit the refund amount from your future payout.

7. Cancellation

7.1. Driver Cancellations.

• You may cancel a ride or delivery request if you are genuinely unable to fulfill it (e.g., vehicle breakdown, emergency).

• However, excessive or unjustified cancellations may result in penalties such as lower ratings, temporary suspensions, or other disciplinary actions per the Avas Policies.

7.2. Consumer Cancellations.

• Consumers may cancel before or after you are en route.

• Depending on the circumstances, the Platform may apply a cancellation fee paid by the Consumer, which you may receive partially or fully as outlined in Avas Policies.

7.3. No Liability for Consumer Cancellations.

• Avas is not liable for losses or damages you incur due to Consumer cancellations, though a cancellation fee (if applicable) may offset some of your costs.

8. Ratings

8.1. Two-Way Rating System.

• Avas may allow Consumers to rate Drivers and Drivers to rate Consumers.

• This rating system aims to promote quality, safety, and accountability on the Platform.

8.2. Fair Use.

• You agree to rate Consumers honestly and fairly.

• You will not manipulate, inflate, or deflate ratings or use ratings as a means to harass, extort, or retaliate against Consumers.

8.3. Rating Impact.

• Your overall driver rating may affect your access to certain features or promotions (e.g., priority requests).

• A consistently low rating may result in warnings, suspensions, or deactivation of your account, as determined by Avas’s Policies.

9. Complaints

9.1. Dispute Resolution.

• You agree to cooperate with Avas in resolving Consumer complaints, payment disputes, or other issues arising from your provision of Solutions.

• Avas may request documentation or statements from you to facilitate an investigation.

9.2. Reporting.

• You should promptly report any misconduct, unsafe behavior, or policy violations by Consumers to Avas through designated support channels.

• Timely reporting helps Avas maintain a safe and respectful environment for all users.

10. Repair and Cleaning Fees for Consumers

10.1. Consumer Liability.

• If a Consumer damages your vehicle or leaves an excessive mess (e.g., spillage, vomiting, litter), you should document the incident (e.g., photos, receipts).

• Submit the documentation to Avas Support for review.

10.2. Recovery from Consumers.

• Avas will facilitate recovery of repair or cleaning costs from Consumers where applicable and in accordance with local laws and the Avas Policies.

• The actual reimbursement or compensation you receive will depend on the facts and supporting evidence provided.

11. Intellectual Property Ownership

11.1. Platform IP.

• All intellectual property rights in the Platform, Software, and Application belong to Avas or its licensors.

• You do not acquire any ownership in Avas’s trademarks, logos, service marks, or other proprietary materials.

11.2. Limited Use.

• You may use Avas’s logos or branding only if and to the extent expressly authorized in writing by Avas (e.g., official driver signage).

• Unauthorized use may result in legal action or account suspension.

12. Taxes

12.1. Driver Responsibility.

• You are responsible for filing, withholding, and paying any and all relevant taxes on your earnings (e.g., income tax, social security contributions, local business taxes).

• You acknowledge that Avas does not monitor or control your personal or business tax obligations.

12.2. Compliance.

• You agree to comply with all tax laws and regulations applicable to your use of the Platform and your provision of services to Consumers.

• Avas may provide certain tax tools or forms, but this does not constitute legal or tax advice.

13. Confidentiality

13.1. Obligation.

• You agree not to disclose or use any confidential information of Avas, including but not limited to business strategies, internal processes, or consumer personal data, for any purpose outside these Driver Terms.

• You must protect such information with at least the same degree of care that you use to protect your own confidential information.

13.2. Exclusions.

• Confidential information does not include information that is (a) publicly known, (b) already in your possession lawfully, (c) lawfully disclosed to you by a third party, or (d) independently developed without reference to Avas’s confidential information.

14. Data Privacy and Personal Data Protection Policy

14.1. Compliance with Laws.

• You agree to comply with all applicable data protection and privacy laws regarding any personal data of Consumers you receive (e.g., names, phone numbers, addresses).

• This includes but is not limited to securing the data, only using it for legitimate purposes (e.g., fulfilling the service), and deleting it when no longer necessary.

14.2. Privacy Policy.

• Your use of the Platform is also subject to Avas’s Privacy Policy, which outlines how Avas collects, uses, and shares personal data.

• By using the Platform, you consent to any personal data processing described therein (e.g., location tracking, rating data).

14.3. Call Masking & Contact.

• Where applicable, Avas may provide anonymized call or messaging features to mask phone numbers.

• You must not circumvent these features or attempt to collect additional personal data from Consumers without their consent.

15. Third-Party Interactions

15.1. Links & References.

• The Platform may include references or links to third-party websites or services (e.g., map providers, payment processors).

• Avas does not endorse or control these third parties and is not responsible for their products, services, or privacy practices.

15.2. Driver’s Own Contracts.

• You are solely responsible for any agreements or obligations you enter into with third parties (e.g., vehicle rental companies, mobile carriers).

• Avas does not assume liability for such agreements or their consequences.

16. Indemnification

You agree to indemnify, defend, and hold harmless Avas, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, and expenses (including reasonable legal fees) arising out of or relating to:

1. Your breach of these Driver Terms or any applicable Avas Policies,

2. Your use or misuse of the Platform,

3. Your provision of Solutions to Consumers (including personal injury, property damage, or third-party claims),

4. Your violation of any law or the rights of a third party.

17. Disclaimer of Warranties

17.1. “As Is” Basis.

• Avas provides the Platform on an “as is” and “as available” basis.

• To the fullest extent permitted by law, Avas disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement.

17.2. No Guarantee of Requests or Earnings.

• Avas does not guarantee a specific volume of ride or delivery requests, earnings potential, or that the Platform will be uninterrupted or error-free.

• External factors (e.g., local demand, market competition, weather conditions) may impact your earnings.

18. Limitation of Liability

18.1. Excluded Damages.

• To the maximum extent permitted by law, Avas is not liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits, lost data, or business opportunities, even if advised of such possibilities.

18.2. Aggregate Liability Cap.

• In no event shall Avas’s aggregate liability to you exceed the total service fees collected by Avas from you (or on your behalf) in the six (6) months preceding the event giving rise to the claim.

18.3. Jurisdictional Variations.

• Some jurisdictions do not allow the exclusion or limitation of certain damages. In such cases, Avas’s liability will be limited to the maximum extent permissible under applicable law.

19. Notice

19.1. To You.

• Avas may provide notices via the Platform, email, SMS, or any other contact method you have provided.

• Such notice is deemed received immediately if delivered electronically or within 7 days if mailed.

19.2. To Avas.

• You may give notice to Avas through our official support channels (as indicated in the Avas Policies) or via the contact details provided on www.avasapp.com.

• Notices are effective upon receipt by Avas.

20. Assignment

20.1. Driver Assignment.

• You may not assign, transfer, or delegate these Driver Terms or any rights or obligations herein to any third party without Avas’s prior written consent.

20.2. Avas Assignment.

• Avas may assign or transfer its rights and obligations under these Driver Terms in its sole discretion, including in connection with a merger, acquisition, or sale of assets.

21. Dispute Resolution

21.1. Good Faith Negotiations.

• Any dispute, claim, or controversy arising out of or relating to these Driver Terms (including breach, termination, or validity) shall be attempted to be resolved through good faith negotiations between you and Avas.

21.2. Mediation or Arbitration.

• If a dispute remains unresolved, it may be referred to mediation or binding arbitration, as specified by local law or indicated in the Avas Policies.

• You agree to any arbitration clause or venue specified in your jurisdiction’s Avas Policies, unless prohibited by law.

21.3. Governing Law & Venue.

• These Driver Terms shall be governed by the laws of the jurisdiction in which Avas is incorporated, unless otherwise required by local law.

• Any legal proceedings (if arbitration is not used) must be brought in the competent courts of that jurisdiction.

22. Relationship

22.1. Independent Contractor.

• No joint venture, partnership, employment, or agency relationship exists between you and Avas.

• You operate as an independent contractor, bearing all risks and rewards of your business operations (e.g., scheduling, route selection, vehicle maintenance).

22.2. No Authority to Bind.

• You cannot represent yourself as having authority to bind Avas, and you must not misrepresent your relationship with Avas to any third party.

23. Severability

If any provision of these Driver Terms is found to be invalid or unenforceable by a court of competent jurisdiction, that provision shall be severed from the Terms, and the remainder shall remain in full force and effect.

24. No Waiver

Avas’s failure to enforce any provision of these Driver Terms or exercise any right shall not constitute a waiver of that provision or right. Any express waiver shall be in writing and signed by an authorized representative of Avas.

25. Entire Agreement

These Driver Terms, together with any supplemental agreements or policies (e.g., the Driver Code of Conduct, commission schedules, local insurance requirements) referenced herein or provided to you, constitute the entire agreement between you and Avas regarding the subject matter. They supersede all prior or contemporaneous agreements, understandings, or communications.

26. Suspension and Termination; Modification of Platform Content

26.1. Suspension or Termination.

• Avas may, at its discretion, suspend or terminate your access to the Platform at any time if you breach these Driver Terms, violate any Avas Policies, engage in fraudulent or illegal activities, or for any other lawful reason.

• If your account is suspended or terminated, you must stop using the Platform immediately.

26.2. Modification of Platform.

• Avas reserves the right to modify, update, or discontinue any part of the Platform, including features, content, or availability, at any time without prior notice or liability.

26.3. Effect of Termination.

• Termination of your account does not relieve you of any outstanding obligations (e.g., unsettled fees, pending claims) nor does it waive Avas’s rights to any remedies allowed by law.

27. No Third Party Rights or Assignment

27.1. No Third Party Beneficiaries.

• These Driver Terms do not confer any rights on any third party (other than affiliates of Avas if noted).

• No person other than the parties to these Driver Terms shall have any right to enforce any term of these Driver Terms.

27.2. Successors & Assigns.

• These Driver Terms shall bind any authorized successors or permitted assigns of each party.