Terms and Conditions
THIS DOCUMENT IS AN ELECTRONIC RECORD UNDER THE INFORMATION TECHNOLOGY ACT, 2000 AND RELATED RULES. IT IS ISSUED IN ACCORDANCE WITH ELECTRONIC RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000.
The platform name Coming Bro and the website (Site) are owned and operated by Coming Bro Cob Technology (hereinafter referred to as “Coming Bro”, “Company,” “us,” “we”), with its registered office at Add. A 103, Jay herambh, dp road, katrap badalapur 421503.
The Company has developed and provides a technology-based platform, “Coming Bro Driver App” (“Driver App”), which facilitates on-demand vehicle rental services by connecting Drivers with Customers who require such services. Based on the representations and warranties provided by the Driver, the Company has agreed to offer this software to Drivers according to the terms and conditions below (“Terms and Conditions”) to enable the Driver to offer services.
Coming Bro reserves the right to change, modify, add, or remove these Driver Terms and Conditions at its sole discretion, at any time, without prior notice to you. It is your responsibility to periodically review these Terms and Conditions. Continued use of the Driver App after changes means you accept and agree to the modifications.
1. Definitions
All capitalized terms in these Driver Terms and Conditions will have the meanings assigned to them below.
1.1 “Applicable Laws” shall mean the Information Technology Act, 2000, the Information Technology (Intermediaries Guidelines) Rules, 2011, and include all relevant statutes, enactments, regulations, guidelines, and orders by any Government authority in India.
1.2 “Customer” refers to a person booking a vehicle through the Coming Bro app for rental services provided by a Driver using Company software.
1.3 “Fare” refers to the amount charged or payable by a Customer to the Driver for completing a booking through the App.
1.4 “Information” means the details provided by the Driver during registration and onboarding.
1.5 “Driver Service” refers to the rental service provided by a Driver to the Customer.
2. Your Account and Registration Obligations
To use most aspects of the software, you must register and maintain an active user account (“Account”). During registration, onboarding as a Driver, and integrating your vehicle with the Platform, you are required to provide your personal information, including your name, vehicle number, driver’s license, contact information, and other identification documents. The Company may conduct background checks and document verifications as part of the onboarding process. The Company handles your Information, including sensitive data, in compliance with the Information Technology Act, 2000, and our Privacy Policy.
Your Account information must be accurate, complete, and up-to-date. Providing false information or failing to update your information may lead to suspension or termination of your Account.
3. Obligations of Driver
3.1 Age Requirement: Drivers must be at least 18 years old or meet the age of legal majority per the Indian Contract Act, 1872.
3.2 Vehicle Registration: The Driver must ensure vehicle registration is up-to-date and that all licenses, insurance, and permits required by law are maintained.
3.3 Compliance with Law: Drivers must not engage in any unlawful activities while using the software.
3.4 Authorized Use: Drivers must not permit unauthorized individuals to operate the Vehicle and ensure the vehicle remains in safe condition.
3.5 Insurance Compliance: Drivers are responsible for obtaining and maintaining all necessary insurance, including third-party insurance as required by law.
3.6 Language Selection: Drivers must select a language on the Driver App that they are fluent in to understand instructions properly.
3.7 Communication: Drivers must maintain a functioning mobile number to receive instructions and act upon messages sent by Coming Bro.
3.8 Lost Property: If a Customer’s property is left in the vehicle, the Driver must report it to the Customer, with Coming Bro’s assistance if needed.
3.9 Vehicle Responsibility: Drivers bear all responsibility for maintaining and securing the vehicle and ensuring all costs are covered for any damages incurred.
3.10 Training Compliance: Drivers agree to participate in any required training sessions organized by Coming Bro as mandated by law.
3.11 Service Quality: Drivers are solely responsible for the quality of service provided to Customers and must ensure timely pick-up and safe transport.
3.12 Fare Responsibility: Drivers are responsible for collecting the Fare from Customers directly.
3.13 Customer Complaints: Any complaints by Customers regarding the Driver or vehicle are the Driver’s liability. Coming Bro reserves the right to terminate the Driver’s account if complaints are serious.
3.14 Prohibited Actions: Drivers must not attempt to duplicate or modify software provided by the Company. The Company grants a personal, non-exclusive license to use the software solely for accessing the Driver App. Unauthorized distribution or copying may result in termination.
4. Payment
4.1 Fees: The Company reserves the right to charge a software usage or subscription fee to Drivers at its discretion.
4.2 Direct Payment: Drivers collect Fares directly from Customers, with the method of payment arranged between the Driver and Customer. The Company does not handle payment.
4.3 Fare Structure: Fares are based on state government guidelines and are not determined by the Company.
5. Representations and Warranties
The Driver represents the following:
5.1 The Driver has not been convicted of any crime involving moral turpitude. 5.2 The Driver has the proper authority to operate the vehicle and meet the requirements for providing service. 5.3 The Driver will maintain all required licenses, permits, and approvals. 5.4 The Driver will not carry prohibited or dangerous items during services. 5.5 The Driver’s health conditions meet the requirements mandated by law.
6. Disclaimer
Coming Bro does not guarantee that the Driver App will operate error-free or be uninterrupted. The Driver App and technology are provided “AS IS” and “AS AVAILABLE,” with no warranties or guarantees. Any dispute between a Driver and Customer is the Driver’s responsibility.
7. Confidentiality
Drivers agree to keep confidential all Company data and any information accessible through the platform. Disclosure to third parties is not permitted.
8. Indemnity
Drivers agree to indemnify Coming Bro and hold the Company harmless for any claims, actions, or damages arising from a breach of these Terms, Customer complaints, or legal violations.
9. Limitation of Liability
Coming Bro shall not be liable for any indirect or consequential damages related to the Driver’s use of the software or any loss arising from the quality or performance of services.
10. Term and Termination
Both parties have the right to terminate this Agreement with prior notice. Immediate termination is possible in cases of serious violations, including data breaches, misconduct, or reputational damage.
11. Relationship Between the Parties
The Driver and Coming Bro maintain an independent contractor relationship. Drivers are not considered employees of Coming Bro.
12. Governing Laws and Dispute Resolution
These Terms are governed by Indian law. Disputes are to be resolved through mediation and, if unresolved, arbitration as per the Arbitration and Conciliation Act, 1996. The exclusive jurisdiction is in [Insert Location Here].
13. Miscellaneous
13.1 Change of Business Ownership: In case of a business restructure, personal data may be transferred to the new entity with necessary confidentiality measures.
13.2 Assignment: The Driver’s rights and obligations under these Terms cannot be assigned without Company consent.
13.3 Amendment: The Company reserves the right to amend these Terms at its discretion.
13.4 Severability: If any part of these Terms is deemed unenforceable, the remaining provisions remain valid.
13.5 Notices: Coming Bro may issue notices via the Driver App or email. Drivers can reach out to Coming Bro at [comingbro.in].
Copyright © 2024 Coming Bro.
Quick Links
Dear Users
- We have started a transport and travelling related service company. named COMING BRO.
- We have decided to provide this service at a very minimal rate for your ease.
- We have token a step to provide this service from metro city to urban to rural area.
- Our intension is very clear, and our motive is not to earn profit out of this service but to provide this platform to everyone who could grow financially. We are going to commit ourself to this cause with our assurance and help you to progress financially.