Welcome to eVarat!
These Terms of Use ("Agreement”) govern Your use of eVarat mobile applications, websites, products, services, content, facilities, and platform (collectively, the "Platform”).
The company that you are contracting with depends on where you are resident. In India, Your contract is with eGO ("eVarat”, "we”, "us” or "our”).This Agreement is a contract between eGO having its registered office at Village Helemguri, Darrangia Chuk, PO Gomir, District Biswanath, Assam 784172 and You (this term shall include all variations including "Your” and "Yours”) and governs Your use of the Platform.
By accessing or using the Platform You acknowledge that You accept all the terms and conditions contained in this Agreement. You should read all these terms carefully. You agree that this Agreement shall form a binding legal contract between You and eVarat and shall include the additional terms and conditions and policies as may be reference herein.
This document is an electronic record in terms of Information Technology Act, 2000 and rules thereunder as applicable and the provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
Please ensure that You read and understand all the terms under this Agreement before You use the Platform. If You do not wish to accept any of the terms under this Agreement, then please do not use the Platform or avail any of the Services being provided therein. eVarat may amend the terms under this Agreement from time to time. Amendments will be effective upon eVarat’s posting of such updated terms at this location or the amended policies or supplemental terms on the applicable Service. Your continued access or use of the Platform and/or Services after such posting constitutes Your consent to be bound by the updated terms, as amended.
This Agreement expressly supersedes prior agreements or arrangements with You. We may immediately terminate this Agreement with respect to You, or generally cease offering or deny access to the Platform or any portion thereof, at any time for any reason.
Supplemental terms may apply to a particular category within the eVarat Platform such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to You in connection with the same such as such as eVarat’s Instant Ride, Package Delivery, Rental and Bid Your Fare. Our collection and use of personal information in connection with the Platform and the Services is as provided in Privacy Policy.
1. Independence for Drivers. Choices for Passengers
Our business model
1.1. Our Platform constitutes a technology platform that links independent third-party providers of transportation, logistics, or courier services ("Drivers”) and their clients ("Passengers”) with each other to arrange and schedule transportation and/or logistics services. When Passengers request a ride they offer their price for the Driver’s services. The Drivers who see the request can either agree to the offered price or make a counter offer. The Driver has sole and complete discretion to accept or reject each request. For the purpose of this Agreement the Driver and Passenger shall be collectively referred to as User.
1.2. The Passenger is free to accept or reject the Driver’s offer. In case the Passenger does not find a desired fare match he/she can cancel the request and a new request can be submitted on his/her own. When a Passenger chooses a Driver to provide the transportation and/or logistics services they enter into a separate agreement formed solely between them. The terms of the same are decided solely between the Passenger and the Driver and You acknowledge and agree that eVarat is not a party to such a contract.
1.3. You acknowledge and agree that eVarat does not provide the transportations and/or logistics services or functions as a transportation carrier. All transportation and/or logistics services on our Platform are provided by the Drivers i.e independent third-party contractors who are not employed by eVarat. You agree that eVarat has no responsibility or liability to You related to any transportation, goods or logistics services provided/availed by You other than as expressly set forth in this Agreement.
1.4. The Passenger must pay the Driver the price that both of them agree on via the Platform. This agreed price includes all taxes associated with the ride but is not inclusive of any tolls, state entry tax, parking fees or other similar additional charges. Such additional charges for the ride shall be borne by the Passenger. eVarat does not participate and does not in any way affect the fare or the settlement between the Driver and the Passenger.
eVarat status
1.5. eVarat is a technology company that does not provide transportation, logistics, courier or any related services but provides a technology platform that enables users of the Platform to arrange and schedule transportation and/or logistics services using the Platform. Each Driver i.e independent third-party contractor provides the transportation, logistics, courier or related services ("Services”).
1.6. The Services are provided by independent Drivers that we do not control. Any decision to offer or accept the transportation and/or logistics services is an independent decision made in each User’s sole discretion at User’s own risk. eVarat does not direct or control Drivers generally or in their provision of the Services. Any feature, process, or other effort that we undertake to enhance Your enjoyment of our Platform, is not an indication of any employment or agency relationship with any User of the Platform.
1.7. This Agreement does not supersede or otherwise impact the enforceability of any agreements Passengers may have with Drivers regarding the Services.
1.8. eVarat will reasonably keep the Platform and its contents correct and up to date but does not guarantee that (the contents of) the Platform is free of errors, defects, malware and viruses or that the Platform is correct, up to date and accurate.
Fees and Payments
1.9. eVarat does not charge any commission/license fee from the Passengers.
1.10. Payment terms applicable on Drivers
After successful completion of Your account registration as a Driver to use the Platform, You will be required to maintain a minimum balance ( the minimum balance amount can be zero (0) or can change at any time upon the sole discretion of eVarat) in the drivers wallet in your personal account ("Drivers Wallet Account”), which is an electronic money account provided by third-party payment service partners, enabling You to pay for and use the Platform to provide your Services.
The funds in Your Drivers Wallet Account can be used by You to accept ride bookings using our Platform. In the event there are any funds stored in Your Drivers Wallet Account including the minimum balance amount, You agree and acknowledge that no interest shall accrue on such balance kept in your Drivers Wallet Account. In order for You to accept any new ride from a Passenger You have to ensure that Your Driver Wallet Account always has the minimum balance amount which is required. Once the balance in Your Drivers Wallet Account is negative You will not be able to accept any ride bookings and eVarat further reserves the right to deduct its license fee from the balance amount once You top up the same.
eVarat shall deduct the license fee automatically from the funds in Your Driver Wallet Account on accepting the booking.
Top Up of Drivers Wallet Account
You can top up Your Drivers Wallet Account at any time by clicking on the "Go To Wallet” tab which shall redirect you to Your personal account, where You can see Your balance, status of returns and other similar information.
If after making the payment, the amount has not been credited to Your Drivers Wallet Account within twenty-four (24) hours, please contact eVarat technical support by writing to us at admin@eVarat.comor evarat.dreamahead@gmail.com.
Refund
You shall be eligible for a refund of the license fee, if a ride is cancelled due to the following events
- if the passenger did not appear upon Your arrival. In such an event please tap the "Cancel” tab and choose the "Passenger didn’t show up” option.
- passenger cancelled the ride.
eVarat shall refund the amount of the license fee
deducted by eVarat from the Driver’s Wallet Account. Each license fee
will be refunded separately within thirty (30) days after the ride booking was
cancelled.
In the event the ride is cancelled after You reached the
Passenger’s location, the license fee shall not be refunded.
For all refund related queries and support please write to us at admin@eVarat.com.
Refund of amount in Drivers Wallet Account after deactivation of Driver’s account
Unless terminated explicitly, this Agreement between You and eVarat is perpetual in nature upon use of the Platform and for each Service booked on the Platform. You are entitled to terminate the Agreement at all times by deletion of Your account, thus disabling the use by You of the Platform
At any time if You wish to delete Your account registered with eVarat, You shall have to request deletion of the account and cancellation of the license agreement from Your mobile application via the "Delete My Account ” tab in the mobile application.
If Your account has any undisputed and unused funds, you can write an email to eVarat at admin@eVarat.com in order to seek refund of such undisputed and unused amounts. Please ensure that the written request also has details of Your bank account details for us to process the refund.
eVarat retains the right to deduct any amount from such unused funds where the same are required to fulfill Your obligations or settle any debts and/or liabilities that eVarat may have incurred due to Your use of the Platform.
You acknowledge, understand and agree that any claim or action arising out of or related to the undisputed and unused amount in Your Drivers Wallet Account post deletion of Your Account must be filed within 6 months after said claim or cause of action arose or shall be forever barred.
All refund shall be disbursed to the bank account provided by You and not via cash. Refund of all undisputed amounts will be disbursed within ten (10) working days of the receipt of Your request in writing.
Subject to the terms of this Agreement, in the event of any change in the payment terms including but not limited to the license fee, we shall communicate the same to You and it is your obligation to review these terms and conditions regularly. Your continuous use of the Platform shall be deemed as Your acceptance of such change.
1.11. Drivers are responsible for the collection and remission of all applicable taxes associated with the Services through the use of the Platform. eVarat will not be held accountable in relation to any transactions between Passengers and Drivers where tax related misconduct has occurred.
1.12. eVarat, at its sole discretion, may, from time to time, make available promotions, discounts, referral programs and loyalty programs (hereinafter - Offers) with different features to any Passenger or Driver. Such Offers may affect or be applied towards service payments or ride's price, reducing said amounts, and are made in Bonuses.
1.13. Bonuses are valid only for use in the eVarat app, are not transferable or redeemable for cash. Bonuses can be used to pay for the license fee on Drivers orders.
1.14. More information regarding Offers may be provided in a notice inside the app or by any other means of communication mentioned in this Agreement. eVarat also reserves the right to withhold or deduct Bonuses or other benefits obtained through Offers in the event that eVarat determines or believes that the redemption of the Offer or receipt of the Bonuses was in error, fraudulent, illegal, or in violation of the applicable promotion or these Terms. eVarat reserves the right to terminate, discontinue, modify or cancel any Offers at any time and in its sole discretion without notice to the user.
2. Your eVarat Account
Account registration
2.1.To access the functionality of the Platform, You must create an account with us. In order to create and maintain Your eVarat Account with us, You represent and warrant that You:
(1) are at least 18 years of age;
(2) have the legal capacity to enter into a legally binding agreement under applicable law of India;
(3) shall ensure that Your device meets all technical and operational specifications required to the use the Platform. These specifications are subject to change from time to time. The use and performance of the Platform may be affected by these factors. To ensure compatibility with these specifications is solely Your responsibility.
2.2. In order to create and use an eVarat Account You shall have to register Your account with us. For opening an account and in order to prevent fraud, to ensure Your security and comply with anti-money laundering, sanctions laws and regulations (as applicable), we will ask for Your name, email address, postal address, date of birth, and/or any other information that will allow us to identify You. You agree that You will provide accurate and up-to-date information about Yourself and You authorize us to take whatever actions we deem necessary to verify the accuracy of any information submitted in conjunction with Your account. You also agree to provide us with reasonable assistance in verifying such information upon our request.
2.3. We shall bear no liability for false, incomplete, old or incorrect information and/or data provided by You while opening Your account.
2.4. Any instructions transmitted to us and/or any other third-party entities from Your account, shall have full legal effect, and You may not invoke the lack of signature of any document as a way to exclude Your responsibility for the obligations assumed according to the validly transmitted and executed instructions
2.5. You are solely responsible for maintaining the confidentiality of Your account and any information submitted by You. Your account cannot be transferred, assigned or sold to a third party. We shall not be liable for any loss that You may incur as a result of someone else using Your password or Account, either with or without Your knowledge.
2.6. We offer different types of accounts depending on whether You use the Platform as a Passenger or as a Driver. To create a Driver account, You must provide us with additional information, data pertaining to your eligibility as a Driver, Vehicle requirements and pass the verification process.
2.7. We reserve the right to suspend or terminate Your account with immediate effect and for an indefinite period, if We have a reason to believe that any information and/or data provided by You is incorrect or false, or that the security of Your account has been compromised in any way, or for any other reason
2.8. You agree to comply with all applicable laws when providing/using the Services and the Platform, and You shall only use the Platform for lawful purposes. You will not, in Your use of the Platform, cause nuisance, annoyance, inconvenience, or property damage. In certain instances, You may be asked to provide proof of identity to access or use the Platform, and You agree that You may be denied access to or use of the Platform if You refuse to provide proof of identity.
2.9. We allow You to open only one account in association with registration information provided by You. In case of any unauthorized use of Your account please immediately reach Us at admin@eVarat.com.
2.10. If You use the Platform in another country, You agree to be subject to eVarat's terms of use for that country.
2.11. You may not authorize third parties to use Your Account, and You may not allow persons under the age of 18 to receive transportation or logistics services from Drivers unless they are accompanied by You. You may not assign or otherwise transfer Your account to any other person or entity.
2.12. You are responsible for obtaining the data network access necessary to use the Platform. Your mobile network’s data and messaging rates and fees may apply if You access or use the Platform from a wireless-enabled device and You shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Platform and any updates thereto. eVarat does not guarantee that the Platform, or any portion thereof, will function on any particular hardware or devices. In addition, the Platform may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
Maintaining your account
2.13. You must promptly update Your details if they change. If Your mobile number changes, notify us as soon as possible. If You no longer use Your number, Your mobile operator may issue it to a new person who, when using the Platform, may access Your account.
2.14. You may not authorise others to use Your account. You must maintain security of access to Your device and secrecy of Your login information. You will be responsible for all activity that occurs under Your account. If You suspect that any third party knows Your password or has accessed Your account, please let us know by contacting admin@evarat.in.
Account termination
2.15. You may delete your account at any time. You can do it in the app settings or by contacting user support (admin@evarat.in). In some cases, we will be unable to terminate Your account or may retain certain information for legitimate purposes, such as to prevent fraud and ensure safety of our users, comply with legal obligations, or manage any unresolved claims or disputes. Please refer to our Privacy Policy to understand how we treat Your information after account termination.
2.16. Accounts that have been inactive for over 3 years may be deleted. We have the right to terminate or suspend access to your account (see section "eVarat’s rights”).
3. Your safety
3.1. The health and safety of eVarat Users is our priority. We take reasonable steps to keep the Platform a safe and secure environment for our Users. For example, we review and obtain documents of all Drivers before allowing them to provide their Services. Additionally, we may conduct spot checks to verify that the Driver’s account is used by the Driver who registered it, and that the Driver uses the vehicle associated with this Driver’s account. We may ask Passengers to pass a liveness check or verify their identity by providing a government issued ID number.
3.2. Despite our best efforts, we acknowledge the limits of an online platform’s ability to facilitate offline safety. We have no control over the quality or safety of the transportation that occurs as a result of the Services. You acknowledge and accept the same.
3.3. We cannot guarantee that each Passenger or Driver is who he or she claims to be. Please review the photos of the Driver or Passenger You see on the Platform to make sure it is the same individual You see in person. But if You notice that the Driver who arrived to You is different from the Driver in the eVarat app, please refrain from using the Service from such Driver and report to eVarat and we will investigate and apply liability measures to such Driver.
3.4. We urge You to exercise caution and care when interacting with other Users. You avail and provide Services at your own risk.
3.5. In case of any suspected threat to health or safety, immediately report it to user support (admin@evarat.in) or use the "SOS button”.
3.6. The rider can add, view and delete the emergency contact number from this option.
3.6.1 On Clicking "Add Contacts” button, a user should grant the system permission to access the contacts.
3.6.2 Once "allowed”, a user can select the desired number to be added as an
emergency contact number and the selected contact number will be listed on
the emergency contacts screen.
3.6.3 A user can view all the added emergency contact information.
When the user click on SOS a SMS is shared with all the contacts added in the Emergency contacts
3.7. We try to do our best to keep our app safe and convenient for You. Therefore, we are constantly improving and modifying user verification systems and the functionality of our application.
4. Users Obligations
4.1. While using the Platform, You shall not:
1. Violate any provision of this Agreement;
2. Violate any applicable law, court order, or government regulation;
3. Provide any false personal information, or any information, content, or material on account of a third- party without permission
4. Attempt to access our Platform except as expressly permitted by this Agreement, or attempt to interfere with, damage, disrupt, or impede the operation of the Platform and its services and systems in any way;
5. Use the Platform in a way that is illegal, fraudulent, defamatory, abusive, harassing, threatening, or obscene, or violates the rights of any third-party;
6. Reverse engineer, disassemble, decompile, copy, clone, modify, distribute or commercially exploit in any way the Platform or any portion thereof;
7. Transmit or facilitate the transmission of any malware, viruses, Trojan horses, or other program of a harmful or destructive nature;
8. You shall not smoke, drink or carry any contraband substances in the Vehicles or misbehave with any User or distract the Driver or act in violation of Applicable Law.
Compliance with rules and regulations – You shall not use the Platform in a manner that exceeds the rights granted for Your use as provided under this Agreement. You agree that You will comply with all applicable laws, our policies, procedures, and instructions as published on our Platform or made available to You from time to time.
In addition to the obligations under Clause 4.1 above, By providing the Services as a Driver, You represent, warrant, and agree that:
a. You possess a valid driver’s license and all other required permissions and authorizations to provide the Services, You are medically and legally fit to provide the Services;
b. You own, or have the legal right to operate, the vehicle You use to provide the Services; such vehicle is in good operating condition and meets the statutory and industry safety standards and requirements;
c. You will only provide the Services using the vehicle that has been reported to eVarat;
d. You will not permit anyone to accompany You in the vehicle while providing the Services,
e. You will not provide the Services while under the influence of fatigue, alcohol or drugs, or otherwise engage in unsafe or illegal behavior while providing the Services;
f. You will not discriminate against Passengers;
g. You will not request any additional payment in addition to the price agreed on with the Passenger via the Platform, other than tolls, state entry tax, parking fees or other similar additional charges you have paid to complete the ride;
h. You will be responsible to calculate, charge and pay to the authorities all applicable taxes envisaged by the respective legislation in the respective jurisdiction arising from the provision of the services to Passengers;
i. You will comply with our reasonable requests to provide information in connection with the Services and Your use of the Platform;
j. You shall not use information You obtained via the Platform for any purpose not related to the use or provision of Driver’s services, or for any purpose not agreed upon.
k. You comply with the requirements of all applicable laws related to anti-money laundering, sanctions, anti-corruption, anti-bribery, countering illegal trade and countering terrorist financing, prohibiting the use of child or forced labor, proper and not to take any action that may lead to a violation of such laws, not to facilitate, encourage or induce anyone to participate in such activities.
l. You will comply with eVarat policies applicable in your country.
m. You will provide the Service as per the terms agreed between You and the Passenger in accordance with this Agreement and applicable laws.
5. Driver and Passenger Communications
5.1. You shall treat other eVarat Users with respect. You can only communicate with other Users for the purposes related to the provision/availing of Services. You shall not share any unnecessary contact information. Communication should end when the Service is complete, unless it is to return a lost item. Any other communication may be seen as harassment and may lead to suspension or termination of Your account with us.
5.2. You shall ensure that no communication shall be inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, blasphemous, pornographic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering, or otherwise in any manner unlawful.
5.3. We enable Users to communicate on the Platform, for example, via comments, in-app chat or in-app calls (availability of these features depends on your location). We have the right to monitor and record your communications with other users on the Platform to review compliance with this Agreement.
5.4. Where this functionality is available, You may contact the other user via their mobile number provided in the app interface. In this case mobile charges set by Your mobile carrier will apply.
5.5. You shall not use the information received by You while providing/availing Services in any manner which is unlawful and/or offensive.
6. eVarat Communications
6.1. We may send You operational notification about Your account or Services You’ve provided/availed, updates about eVarat and the Platform, request for feedback, and marketing communications. We may contact You via e-mail, SMS, phone, and push notification. For the types of communications that require Your consent, we will observe local laws and give You an option to opt-out.