Terms & Conditions
- TERMS & CONDITIONS - #etiamtaxi #etiamhills #etiamsports #etiambooks
a. For Product Vendors / Service Providers
i. Vendors can register from website and subscribe to a plan.
ii. Shop owners with a proper license can register as a vendor.
iii. All costs incurred during cancellation must be borne by Vendors.
iv. Vendor can sell all products and services as authorized by Government.
v. Vendor and Company will be in charge of delivery of products or services.
vi. Vendor must bare all costs for defective products and replacement.
b. For Taxi Vendors
i. Taxi Vendors shall provide cab and driver services from and in different cities.
ii. Company will provide users taxi services via mobile application.
iii. All costs incurred during service shall be borne by Taxi Vendor.
c. For Delivery Vendors
i. Vendors shall provide Delivery boys or agents for delivery.
ii. Vendors shall provide Mechanic, Electrical and Plumbing services.
1. TERM AND TERMINATION
a. Term: This Agreement is valid from the Effective Date mentioned herein and will remain in effect until modified or terminated by any one of the partners by mutual consent. In the absence of mutual agreement by the authorized officials from the Firm and the Vendor this Agreement shall end 1 year from the Effective date.
b. Termination due to breach: In case of breach of any of the terms of this Agreement by either party hereto, the other party shall be entitled to terminate the Agreement immediately by giving a written notice to the party committing the breach/breaches.
c. Termination in case of violation of law: In addition to any other termination rights granted by this Agreement, the Company may terminate this Agreement immediately without liability upon written notice if the Company has reasonable grounds to believe that work being done by the Vendor has any effect of disrepute on the Company.
d. Termination by notice: This Agreement may be terminated by either party upon giving at least 30 days prior notice in writing to the other party.
1. EFFECTS OF TERMINATION
The Vendor is required to provide all the services in their entirety requested to it by the Company during the notice period and adhere to all the terms of the Agreement till then. Any termination shall not affect any liabilities incurred by the Vendor prior to the termination of the Agreement or for acts performed during the execution period of the Agreement which may result in a dispute post termination of the Agreement nor any provision expressed to survive or to be effective on termination and the obligations set out in this clause shall remain in full force and effect notwithstanding termination.
2. FORCE MAJEURE
Neither the Company nor the Vendor shall be liable for damages for any delay or failure to perform its obligations hereunder if such delay or failure is due to cause beyond its control or without its fault or negligence, due to Force Majeure events including but not limited to acts of war, acts of God, earthquake, riot, Pandemic, sabotage, labor shortage or dispute, internet interruption, technical failure, breakage of sea cable, hacking, piracy, cheating, illegal, or unauthorized.
3. MISCELLANEOUS PROVISIONS
a. Entire Agreement: The representations and warranties given or made by the Vendor to the Company prior hereto and this Agreement and the terms amended in writing from time to time hereafter shall constitute the entire agreement between the Company and the Vendor pertaining to the subject matter hereof and supersedes in their entirety all other written or oral agreements, representation and warranties given by the Company unless incorporated into the Agreement.
b. Relationship between Parties: It is clarified that this Agreement is on a principal to principal basis and does not create and shall not be deemed to create any employer-employee or a principal-agent relationship between the Company and the Vendor and / or their Staff and nothing contained herein shall be deemed to create any association, partnership, joint venture or relationship of principal and agent or master and servant, or employer and employee between the Company and the Vendor
c. Severability: If any provision of this Agreement is determined to be unenforceable in whole or in part for any reason, then such provision or part shall to that extent be deemed deleted from this Agreement and the legality, validity and enforceability of the remaining provisions of this Agreement shall not be in any way affected thereby and any act of omission /commission of the Parties hereto done prior to the provisions being held unenforceable shall be deemed to be valid and/or binding on the other.
d. Modifications and Amendments: Any Modification to the terms of this Agreement may be carried out by the Company at its discretion and sufficient notice of such modification should be provided to the Vendor in writing. [A1]
e. Assignment: This Agreement will bind the successors and permitted assigns of the Parties hereto and the Vendor will obtain prior written consent from the Company before assignment of this Agreement. The Company shall be immediately intimated of any sale, assignment, lease or transfer or change on ownership in any way of the Vendor.
f. Waiver of rights and remedies: All rights and remedies hereunder shall be cumulative and may be exercised singularly or concurrently. If one Party fails to perform its obligations under this Agreement and the other Party does not enforce such provision, failure to enforce on that occasion shall not be taken as a waiver of enforceability rights available to such party.
g. Survival Of Provisions: Notwithstanding any other provision to the contrary herein, terms which by their nature or otherwise necessary to survive termination or expiration of this Agreement shall survive so as to put an end to the pending operations/transactions already entered into in a smooth manner, when the Parties following any expiration or termination of this Agreement. All liabilities due by the Vendor shall survive the expiry or termination of the Agreement.
h. Dispute Resolution: The Vendor is bound by the terms and conditions of this Agreement. In any case the Vendor violates any of the provisions of this Agreement, he shall be subject to various legal actions.
The Parties agree to first mediate any disputes or claims between them in good faith and resolve the disputes amicably and share the cost of mediation equally. In the event that mediation fails, any controversy or claim arising out of or relating to this Agreement or breach of any duties hereunder shall be settled by Arbitration in accordance with the Arbitration and Conciliation Act of India, 1996. All hearings shall be held at_______, India and shall be conducted in English. [V2] The parties shall each appoint an arbitrator who shall then appoint a sole arbitrator to preside over the Arbitration proceedings. The Parties shall share the costs of arbitration equally, however, this does not affect the right of the Arbitrator to award costs to any one Party.
i. Governing Law Jurisdiction: This Agreement shall be governed by and construed in accordance with the laws of India only. Each party hereby irrevocably submits to the exclusive jurisdiction of the courts of_______, India[dc3] , for the adjudication of any dispute hereunder or in connection herewith.
j. Notice: Any notice, direction or instruction given under this Agreement shall be in writing and delivered registered post, cable, facsimile or telex to the addresses as set forth at the start of the said agreement. E-mail communication will also be accepted as a legal notice/claim/ notice of termination served on the Company.
IN WITNESS WHEREOF THE PARTIES HERETO SET OUT THAT THE PRESENT DOCUMENT IS A DIGITALLY GENERATED DOCUMENT, HENCE IT DOES NOT REQUIRED TO BE SIGNED. IT HAS BEEN DULY EXCUTED ON THE DATE MENTIONED AT THE START OF THE PRESENT AGREEMENT.
[A1]Please review and confirm the said clause
Please confirm the place and language
[dc3]Please review and confirm the place for jurisdiction