EFFECTIVE FROM JULY 1, 2024

IF THIS DOCUMENT IS NOT IN A LANGUAGE THAT YOU UNDERSTAND, YOU SHALL

CONTACT Truckinzy AT LEGAL@TRUCKINZY.COM. FAILURE TO DO SO WITHIN 12

(TWELVE) HOURS FROM THE TIME OF RECEIPT OF THIS DOCUMENT AND YOUR

ACCEPTANCE OF THIS DOCUMENT BY CLICKING ON THE ‘I ACCEPT’ BUTTON

SHALL BE CONSIDERED AS YOUR UNDERSTANDING OF THIS DOCUMENT.

SUBSCRIPTION AGREEMENT

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. BY CLICKING ON THE “I ACCEPT” BUTTON

ON THIS ELECTRONIC CONTRACT, YOU ARE CONSENTING TO BE BOUND BY THIS

SUBSCRIPTION AGREEMENT ALONG WITH THE VARIOUS EXHIBITS ATTACHED TO

THE SUBSCRIPTION AGREEMENT. PLEASE ENSURE THAT YOU READ AND

UNDERSTAND ALL THE PROVISIONS OF THIS SUBSCRIPTION AGREEMENT AND

EXHIBITS BEFORE YOU START USING THE PORTAL, AS YOU SHALL BE BOUND BY

ALL THE TERMS HEREIN UPON CLICKING ON THE “ACCEPT & CONTINUE” BUTTON

ON THIS ELECTRONIC CONTRACT. IF YOU DO NOT ACCEPT ANY OF THE TERMS

CONTAINED HEREIN, THEN PLEASE DO NOT USE THE PORTAL OR AVAIL ANY OF

THE SERVICES BEING PROVIDED THEREIN. YOUR AGREEMENT TO THE

SUBSCRIPTION AGREEMENT SHALL OPERATE AS A BINDING AGREEMENT

BETWEEN YOU AND Truckinzy IN RESPECT OF THE SERVICES OF THE PORTAL.

This Agreement is made between Truckinzy Infotech Private Limited, a company registered

under the Companies Act, 2013 and having its corporate office at 3A/25 2nd Floor

Regarpura W.E.A Karol Bagh, Central Delhi, New Delhi , Delhi 110005, India (hereinafter

referred to as “Truckinzy” which expression shall mean and include its representatives,

successors- in–office, affiliates and assigns) on the ONE PART; AND

A service provider who is a driver, desirous of listing himself on the Truckinzy

Platform/Portal, so as to provide driver services to the users of Portal. The Driver service

provider has represented that the Independent Driver Service Provider fulfills the eligibility

criteria annexed hereto as Exhibit D and is in compliance with all applicable laws for the

provision of Driver Services through the Portal.

(Hereinafter referred to as the “Driver Service Provider”/” Service Provider”/” E-Commerce

Participant”) of the OTHER PART.

Truckinzy and the Independent Driver Service Provider shall hereinafter individually be

referred to as “Party” and collectively as “Parties”.

Exhibits ‘A’, ‘B’, ‘C’ and ‘D’ are collectively referred to as ‘Exhibits’.

WHEREAS Truckinzy is a technology based electronic platform service which seeks to

provide drivers, on demand to customers/ users of the Truckinzy portal/ Platform who are

looking for a driver. Truckinzy is a tech- based product offering by Truckinzy Infotech

Private Limited which is registered under Companies Act 2013 and any upgrades from

time to time and any other software that enables the use of the application, or such other

URL as may be specifically provided by Truckinzy (“Portal”) that lists and aggregates the

Independent Driver Service Providers registered with it. AND WHEREAS on the basis of

the representations and warranties provided by the Independent Driver Service Provider,

Truckinzy has agreed to list the Independent Driver Service Provider on the Portal

(“Service Provider App”) to enable the Driver Service Provider to provide Driver Services

(“Driver Services”) through ‘Service Provider’s App’ in accordance with the terms and

conditions as hereinafter provided.

NOW THEREFORE THE PARTIES HERETO AGREE AS FOLLOWS

I. Scope and Obligations

1. The execution of this Agreement and providing the details in Exhibit A (hereinafter

referred to as “Registration Data”) shall effect in the registration of the Independent Driver

Service Provider with Truckinzy and shall make the Independent Driver Service Provider

eligible for an online account on the Service Provider’s App (“Account”) for providing

Driver Services through the Service Provider’s App.

2. The Independent Driver Service Provider registration with Truckinzy shall at all

times be subject to compliance with the requirements set out in Exhibit D and Exhibit B

respectively. The Independent Driver Service Provider with Truckinzy shall further be

subject to such other details and documents in respect of the Independent Driver Service

Provider as is more fully described in Exhibit A. The Independent Driver Service Provider

hereby understands and consents to the collection, storage and sharing of Aadhaar card

and any information extracted therefrom with Third Party Vendors and/or Government

Authorities, for the process of onboarding and background verification.

3. The Independent Driver Service Provider acknowledges and agrees that all

rights, obligations and liabilities of the Independent Driver Service Provider and Truckinzy

shall be governed in accordance with this Agreement and the Independent Driver Service

Provider terms and conditions available at the offices of Truckinzy (“Independent Driver

Service Provider T&C”) and, a copy of which is annexed as Exhibit B to this Agreement.

The Independent Driver Service Provider hereby represents that the Driver Service

Provider has read and understood this Terms and the Independent Driver Service Provider

T&C fully and the terms contained therein are agreeable to the Independent Driver Service

Provider.

II. Device

For registration on the Service Provider App, the device of such model and functionality as

may be specified and notified by Truckinzy to the Independent Driver Service Provider,

more specifically set out under the Commercial Term Segment in Exhibit C, the

Independent Driver Service Provider should bring his own device. The Independent Driver

Service Provider hereby agrees that Device shall be switched on during the performance

of the Service without being any exceptions whatsoever. The provisions relating to Device

shall be as set out below-

1. For registration on the Service Provider App, the Driver Service Provider should bring

his own Device, of such model and functionality as may be specified and notified by

Truckinzy to the Driver.

In such event Truckinzy will assist the Independent Driver Service Provider in

installing the Service Provider App in the Device brought by the Independent Driver

Service Provider after Truckinzy verifies that the Device meets the requirements

and specifications as required by Truckinzy. Truckinzy shall also instruct the

Service Provider in the use of the Device in respect of the Service Provider App

and Portal, if required. If the Device is stolen, the Independent Driver Service

Provider shall ensure that the Service Provider App and his Account is immediately

blocked, suspended or deactivated. In such event, the Independent Driver Service

Provider shall approach Truckinzy ’s designated offices with a new Device for

installation of the Service Provider App in the new Device and charge such fee as

may be determined by Truckinzy under clause II(4) of this Agreement.

2. The Independent Driver Service Provider shall not use the Non-Truckinzy Device for

any illegal or unlawful purposes and shall use the Non-Truckinzy Device solely in

accordance with the terms of this Agreement. The Independent Driver Service Provider

shall solely be responsible and liable for any violations of law committed by the

Independent Driver Service Provider, misuse of the Device and misuse of the sim card

used in the Device.

3. In the event the Service Provider App is not functioning properly on the Device,

the Independent Driver Service Provider shall immediately deposit the Device only at

Truckinzy ’s designated offices for any malfunctions with the Service Provider App and

compatibility of the Device with the Service Provider App.

4. If the Device is damaged and is not repairable due to any act or omission of the

Independent Driver Service Provider, the Independent Driver Service Provider shall

immediately approach only Truckinzy ’s designated offices with a new Device for

installation of the Service Provider App on the new Device. In this connection, Truckinzy

may charge such fees as may be determined by Truckinzy for re-installation of the Service

Provider App in the Device. If the Independent Driver Service Provider is unable to bring a

new Device, Truckinzy shall be entitled to terminate this Agreement along with the Exhibits

with immediate effect.

Truckinzy will assist the Independent Driver Service Provider in installing the Service

Provider App and other programs including but not limited to software, applications, and

content, as may be solely determined by Truckinzy, in the Truckinzy Device(s) provided by

Truckinzy. Truckinzy will instruct and train the Independent Driver Service Provider for use of

the Truckinzy Device(s), if required.

III. Representations and Warranties

1. The Independent Driver Service Provider represents and warrants that the Service

Provider has all requisite power and authority to deliver and perform the obligations

imposed herein.

2. The Independent Driver Service Provider represents and warrants that entering

into and performance of the transactions contemplated by this Agreement and

Independent Driver Service Provider T&C does not and will not conflict with any law or

regulation applicable to the Service Provider or any guidelines, rules, regulations including

any judicial, official, governmental and/ or statutory and/or regulatory orders and/or

judgments whether interim, final or otherwise or with any other contract to which the

Independent Driver Service Provider is a party.

3. The Independent Driver Service Provider hereby expressly agrees that the

Service Provider shall not use the Device for any illegal purposes.

4. The Independent Driver Service Provider represents and warrants that the

Service Provider has not been convicted by any court in India for any cognizable offence

or an offence punishable with imprisonment for more than 3 years, under the laws of India.

IV.

Disclaimer

1. You agree that Truckinzy ’s role is limited to (a) managing and operating the Portal

and the Service Provider App and being a market place solely for the display of the Driver

Services in the manner decided by Truckinzy unilaterally, (b) being an online booking

platform facilitating the provision of Driver Services by the Independent Driver Service

Provider to the users of the Portal, and (c) payment collection through payment gateways

(offered by third party vendors) to facilitate the transactions between Independent Driver

Service Provider and the users of Portal. Accordingly, Truckinzy is merely an intermediary

providing online marketplace services and the Service Provider App is only a platform

where Independent Driver Service Provider shall offer Driver Services to the users on

execution of the Agreement and registration and acceptance by users of the customer

terms and conditions on the Portal.

2. Truckinzy disclaims and shall disclaim all representations and warranties to the

Service Provider, of any kind, whether express or implied as to condition, suitability,

quality, merchantability and fitness for any purposes in respect of the Truckinzy Device(s),

Service Provider’s App and Portal or the services provided through the Service Provider

App on the Portal and accordingly, disclaims all liabilities, whether civil, criminal, tortious,

or otherwise, that may accrue as a consequence of the use and access of Service

Provider’s App and Portal.

3. To the extent permissible under applicable laws, Truckinzy disclaims and shall

disclaim all liabilities, whether civil, criminal, tortious, or otherwise, that may accrue as a

consequence of the breach by the Independent Driver Service Provider (a) of the

applicable laws in respect of the Driver Services;

(b) of the terms of the applicable licenses and permits that are issued by the

transport authorities;

care the Independent Driver Service Provider owes to the users of the Portals.

4. Truckinzy does not warrant to the Independent Driver Service Provider that the

Service Provider will be able to use the Service Provider App on the Portal at all times or

locations or that the Truckinzy Device(s) and Service Provider App on the Portal and the

Driver Services provided through the Service Provider App on the Portal will be

uninterrupted or virus- free or error-free or free from any technical glitches or malicious

software and that the defects will be corrected by Truckinzy .

V. Payment Terms

In consideration of Truckinzy providing the Independent Driver Service Provider’s

information on the Portal, and for enabling the Independent Driver Service Provider

to provide Driver Services through Service Provider App on the Portal, various

payments, more particularly set out in the Commercial Terms Segment annexed

hereto as Exhibit C, between the Driver Service Provider and Truckinzy (“Fees”)

shall be settled in the manner set out and paid in the manner set out in the

Commercial Terms Segment annexed hereto as Exhibit C.

VI. Confidentiality

The Independent Driver Service Provider acknowledges that pursuant to this

Agreement, the Driver Service Provider will have access to confidential information

of Truckinzy and its affiliates, which has been provided by Truckinzy . The

Independent Driver Service Provider undertakes to keep confidential all data and

other confidential information of Truckinzy and shall not sell or otherwise make that

information available to any third party. Confidential information shall mean and

include all information, whether verbal or written, disclosed to the Independent

Driver Service Provider by Truckinzy or Portal users, as the case may be, but not

be limited to Portal users’ details (i.e., Personal

Information and sensitive personal information as defined under the Information

Technology (Reasonable Security Practices and Procedures and Sensitive

Personal Information) Rules, 2011), phone numbers, market information, all work

products and documents related thereto, the contents of the Service Provider App /

Portal or any other information, whether provided orally or in writing, received or to

be received by the Independent Driver Service Provider. Further, the Confidential

Information at no times can be disclosed to any party in the same or similar

business as that of Truckinzy (“Competitor”). In the event, Truckinzy becomes

aware that the Confidential Information has been disclosed to a Competitor or has

been used for the benefit/interest of the Competitor, Truckinzy can claim such

direct and indirect damages as it may suffer due to such losses.

VII. License and Proprietary Rights

1. License Grant: Subject to the terms and conditions of this Agreement, Truckinzy

hereby grants the Independent Driver Service Provider a limited, non-exclusive,

non-transferable, non-sub licensable, non-assignable license, during the term of this

Agreement, to the Service Provider App on the Portal of Truckinzy solely for the purpose

of providing Driver Services to the Portal users and also for settlement of Fees between

Truckinzy and Independent Driver Service Provider. All rights not expressly granted to the

Independent Driver Service Provider are reserved by Truckinzy .

2. Ownership: The Portal, Service Provider App and Confidential Information,

including but not limited to all intellectual property rights such as company name, logos,

product and service names, trademarks, services marks or other indicia of ownership

(“Truckinzy Intellectual Property”), shall remain (as between the Independent Driver

Service Provider and Truckinzy ) the property of Truckinzy . Neither this Agreement, the

Independent Driver Service Provider T&C nor Independent Driver Service Provider’s use

of the Portal and Service Provider App conveys or grants to the Independent Driver

Service Provider any rights: (a) in or related to the Portal and Service Provider App,

except for the limited license granted above; or (b) to use or reference in any manner

Truckinzy ’s Intellectual Property.

3. The Independent Driver Service Provider agrees that he/she shall not

reproduce, transcribe or make any copies of the Truckinzy Intellectual Property, in any

form or manner and not copy or reverse engineer, or attempt to derive the composition or

underlying information, structure or ideas of any such Truckinzy Intellectual Property.

VIII. Indemnification

1. The Independent Driver Service Provider agrees and undertake to indemnify and to

hold harmless Truckinzy and other parties determined by Truckinzy , Truckinzy affiliates,

successors, agents, assigns, and each of their directors, officers, employees, associates,

agents, and representatives from and against any losses, damages, liability, claims, costs,

penalty and expenses (including, without limitation, reasonable attorneys’ fees) incurred

by reason of (i) any breach or alleged breach by the Independent Driver Service Provider

of the Independent Driver Service Provider’s obligations, responsibilities, representations,

or warranties under the Subscription Agreement and/or Driver Service Provider T&C; (ii)

breach of any service level commitments provided in Exhibit B; (ii) any infringement or

unauthorized use of intellectual property rights of Truckinzy including but not limited to

infringement of intellectual property rights of Truckinzy in the Service Provider App or

Portal (iii) any breach of the confidentiality obligations of the Independent Driver Service

Provider under this Agreement or Independent Driver Service Provider T&C (iv) any

violation of the applicable law, applicable license and permit terms of the transport

authorities; (v) any violation of Truckinzy policies

by the Independent Driver Service Provider; (vi) any harm to the reputation and

goodwill of Truckinzy directly attributable to the Independent Driver Service

Provider; (v) damage, unauthorized use or loss of the Service Provider App in the

Device; (vii) death, fraud, theft, misconduct, negligence or deficiency of Driver

Services by the Independent Driver Service Provider; any negligent act or omission

committed in the course of Driver Services hereunder, or any misrepresentation

made during the course of Driver Services hereunder; (xi) personal injury to or

property damage of user of Portal including but not limited motor accident claims, if

any, asserted against Truckinzy ; (viii) civil or criminal offense under law or in the

opinion of Truckinzy ; (xii) failure of the Driver Service Provider to make tax

payments in accordance with applicable laws.

2. The Independent Driver Service Provider shall be liable to indemnify and hold

Truckinzy harmless against all damages, losses, costs and expenses incurred by

Truckinzy as a consequence of any complaint from any user of the Portals received by

Truckinzy with respect to deficient Driver Services.

3. Notwithstanding anything contained in this Agreement, however, subject to applicable

laws, the total aggregate liability of Truckinzy under this Agreement or Independent Driver

Service Provider T&C whether in contract (including in respect of the indemnity), tort

(including negligence or breach of statutory duty), misrepresentation, restitution or

otherwise, arising out of or in connection with the performance or contemplated

performance of this Agreement shall be limited to INR 1000/- (Rupees One Thousand).

IX. Specific Indemnity

The Driver shall be solely liable for any and all accidents/incidents involving the

Customer Vehicle, while providing the Driver Services. Truckinzy shall not be held

liable for any such accidents/

incidents involving the customer’s Vehicle or another vehicle. All miscellaneous

expenses

pertaining to the Vehicle, such as maintenance expenditures, penalty for violation

of traffic rules, etc., shall be borne solely by the Driver, and Truckinzy shall not be

held liable or responsible for the same. If there is a repeat accident within a period

of 12 months, then Truckinzy will ban the Driver effective immediately

X. Entire Agreement

This Agreement along with, various Exhibits and Independent Driver Service

Provider T&C, which Exhibits and Independent Driver Service Provider T&C will be

e-contracts, shall form the entire agreement between the Parties and shall

supersede and override all previous communications, either oral or written,

between the Parties with respect to the subject matter of this Agreement, and no

agreement or understanding varying or extending the same shall be binding upon

any Party hereto unless arising out of the specific provisions of this Agreement or

Driver Service Provider T&C. In the event of any contradiction between the terms

contained under this Agreement and the Independent Driver Service Provider T&C,

the terms of the Independent Driver Service Provider T&C shall prevail.

XI. Term and Termination

1. This Agreement shall be valid for a period of 5 (five) years and shall be renewed

automatically, unless otherwise agreed between the Parties.

2. The Parties to this Agreement shall be entitled to terminate this Agreement with

a prior written notice of 7 (seven) business days to the other Party without assigning any

reason for the termination.

3. Truckinzy shall be entitled to terminate this Agreement immediately for breach

of any terms in this Agreement by the Independent Driver Service Provider.

4. Upon termination of this Agreement, the registration of the Independent Driver Service

Provider with Truckinzy shall stand cancelled and the Account shall be terminated, and

the Driver Service Provider shall not be eligible to use the Service Provider App on

Truckinzy ’s Portal.

XII. Notice

1. Any notices, requests and other communications required or permitted hereunder

shall be in writing and may be sent by any of the following means to the receiving Party at

the relevant addresses set forth in this Agreement:

i. By electronic mail.

For the purposes of this sub-clause the Parties’ electronic mail

addresses shall be

the following, unless otherwise intimated by the Parties to each

other, Truckinzy : care@truckinzy.com;

Independent Driver Service Provider: As provided during attachment.

ii. By SMS sent to mobile

number at: Truckinzy :

Not Applicable;

Independent Driver Service Provider: As provided during attachment.

iii. By hand, against a written acknowledgement of receipt by the

receiving Party.

iv. By registered mail.

2. In the event the delivery of the notice is attempted to be made by means set out in

clauses XII(1)(iii) and (iv) by the Party, the notice shall be deemed delivered on the third

day from the date of the notice.

XIII. Relationship between Parties

1. During the Term of this Agreement, the Independent Driver Service Provider shall

operate as and have the status of an independent service provider and shall not act as, be

or construed to be an agent or employee of Truckinzy . The relationship between the

Parties is on a principal-to-principal basis, and none of the provisions of this Agreement

shall be interpreted as creating the relationship of employer and employee between the

Independent Driver Service Provider and Truckinzy at any time, under any circumstances

or for any purpose. Therefore, the Independent Driver Service Provider will not be entitled

to any employee benefits, statutory or otherwise, offered by Truckinzy to its employees

including but not limited to wages, vacation pay, sick leave, retirement benefits, social

security, worker's compensation, health or disability benefits, or employee benefits of any

kind. The Driver Service Provider shall be responsible for the payment of all applicable

taxes to which he may be subject as an independent service provider or E-commerce

participants.

2. The Independent Driver Service Provider agrees not to assume or create any

obligation or responsibility, express or implied, on behalf of or in the name of Truckinzy .

The Driver Service Provider does not have the authority to create, modify or terminate a

contractual relationship(s) between Truckinzy and any third party or act for or bind

Truckinzy in any respect. Any act of the Driver Service Provider on behalf of Truckinzy

which may be regarded as over and above the duties and responsibilities as provided in

this Agreement, shall be deemed to be unauthorized, unlawful and the Independent Driver

Service Provider shall be personally liable for the same.

XIV.

Governing Law and Dispute Resolution

1. If any dispute arises between the Independent Driver Service Provider and Truckinzy ,

in connection with, or arising out of, this Agreement, the dispute shall be referred to

arbitration under the Arbitration and Conciliation Act, 1996 (Indian) to be adjudicated by a

sole arbitrator to be appointed by Truckinzy . Arbitration shall be held in Delhi. The

proceedings of arbitration shall be in the English language. The arbitrator’s award shall be

final and binding on the Parties.

2. This Agreement shall be governed by and construed in accordance with the

laws of India. Subject to clause XII (1), the courts in Delhi shall have the exclusive

jurisdiction in connection with this Agreement.

3. In addition to above remedies, Truckinzy shall be entitled to an interim

injunction, restraining order or such other equitable relief as a court of competent

jurisdiction may deem necessary or appropriate to restrain Independent Driver Service

Provider from committing any violation of the covenants and obligations set out in this

Agreement. These injunctive remedies are cumulative and are in addition to any other

rights and remedies Truckinzy may have at law or in equity.

XV. Amendment

Truckinzy may amend the provisions of this Agreement and Exhibits annexed to

this Agreement at its own discretion and notify in accordance with the means

provided in clause XI such amendments to the Independent Driver Service

Provider.

EXHIBIT-A

DETAILS THE INDEPENDENT DRIVER SERVICE PROVIDER

1. Information to be provided:

Ø Name:

Ø Permanent Address:

Ø Current Address:

Ø Phone no.:

Ø Email id:

Ø Bank Account details of the Independent Driver Service Provider (Bank

name, account number and IFSC Code);

Ø Bank Account details of the Beneficiary (if any);

Ø Contact details of 2 (two) family members of the Independent Driver Service

Provider; and

Ø Such other documents/ information as may be required by Truckinzy

2. Documents to be provided:

Ø A passport size photograph of the Independent Driver Service Provider;

Ø Copy of valid Driving License of driver

Ø Self attested copy of PAN Card of Independent Driver Service Provider;

Ø Copy of residential proof such as utility bill, ration card, passport etc. of the

Driver Service Provider’s and drivers employed by Independent Driver Service

Provider to provide services on Truckinzy Platform;

Ø Such other documents/ information as may be required by Truckinzy .

EXHIBIT-B

INDEPENDENT DRIVER SERVICE PROVIDER TERMS AND CONDITIONS DRIVER

TERMS AND CONDITIONS

These Terms and Conditions (as defined) shall be applicable as set out below-

Independent Driver Service Provider is an individual providing Services to the Customers

directly, these Terms and Conditions shall be interpreted in the manner so as to apply to

an individual Independent Driver Service Provider.

DEFINITIONS:

All of the defined and capitalized terms in these Driver T&C will have the meaning

assigned to them herein below. Any term not defined here shall have the meaning

assigned to it in the Subscription Agreement.

“Acceptance” means your affirmative action of clicking on the box against the words

“ACCEPT & CONTINUE” provided at the end of these Driver T&C, by which action, you

unequivocally accept the Driver T&C and any modifications thereof. “Account” refers to the

account created by Truckinzy at its sole discretion, for the Driver subsequent to the Driver

submitting and Truckinzy verifying the Registration Data

“Applicable Laws” shall mean and include all applicable statutes, enactments, acts of the

legislature or the Parliament, laws, ordinances, rules, by-laws, regulations, notifications,

guidelines, policies, directions, directives and orders of any Governmental authority,

tribunal, board, or a court, in India.

“Booking”, “Trips” or “Tasks” shall mean the allotted Service Request.

“Business Day” means a day on which banks are open for business in the City of

Operation.

“Cancellation Fee” shall mean the fare payable by the Customer towards cancellation of a

Booking made by a Customer.

“City of Operation” shall mean the city in which the Subscription Agreement is executed by

and between the Driver and Truckinzy .

“Commercial Term Segment” shall mean Exhibit C of the Subscription Agreement, which

contains the commercial terms for Service provided by the Drivers.

“Content” shall have the meaning given to it in 7.1.

“Convenience Fee” shall mean the fee payable by the Customer for availing the

technology\ services offered by Truckinzy . Convenience Fee will be charged for each

Service Request placed by the Customer on the Portal.

“Customer” shall mean such person, who places a Service Request on the Portal and has

accepted the Customer Terms of Use and Privacy Policy of the Portals (as applicable).

“Customer’s Terms of Use” shall mean the Customer Terms and Conditions as provided

on the Truckinzy Portal for availing the Service.

“Device” shall mean Truckinzy Device or Non-Truckinzy Device, as the case may be,

used for performance of the Services.

“Driver” or “You” or “Your” or “Yourself” shall mean an individual, who has an Account with

Truckinzy and in the event of Operator Drivers, shall include the Operator Drivers for

purposes of compliance with these Terms and Conditions.

“Driver App” means the electronic interface on the Truckinzy Portal from where the

Driver’s Account is accessible to the Driver. Login credentials (User ID and Password) for

the Driver App shall be provided by Truckinzy .

“Driver Proceeds” shall mean the net amount receivable by the Driver after deduction of

Truckinzy ’s commission and such other amounts as may be provided in the Commercial

Terms Segment or notified otherwise.

“Fare” shall mean the Fare payable to the Independent Driver Service Provider as is also

reflected on the Device after completion of the Service. The Driver permits Truckinzy to

review and revise the Fare as per the market conditions.

“Force Majeure” shall have the meaning given to in Clause 16.4.

“Information” shall mean the details furnished by the Driver at the time of signing the

Subscription Agreement and/or otherwise during and after the Drivers registration on the

Driver

App on the Portal and successful creation of an Account.

“Truckinzy ” or “We” or “Us” or “Our” shall mean Truckinzy Infotech Private Limited, a

company incorporated under the Companies Act 2013, and having its registered office at

3A/25 2nd Floor Regarpura W.E.A Karol Bagh, Central Delhi, New Delhi , Delhi 110005,

India, which expression shall, unless it be repugnant to the context or meaning thereof, be

deemed to mean and include all its successors, affiliates and permitted assigns.

Parties” shall mean, collectively, the Driver and Truckinzy and “Party” shall refer to any one

of them.

“Portal” shall mean such features of the Truckinzy mobile application or other programs,

software, mobile applications including Driver App, owned by, licensed to and controlled

by Truckinzy , and other URLs as may be specified by Truckinzy from time to time.

“Posted Content” shall have the meaning given to in Clause 7.4.

“Service” means the service of driving a customer’s vehicle from the pick-up point as

prompted on the Device and dropping the Customer and vehicle at the drop point entered

by the Customer at the time of placing his / her Service Request and accepted by the

Driver.

“Total Ride Fee” shall include the Fare, the Convenience Fee, Additional Fee (if any) and

the Cancellation Fee (if any), reflected on the Device and such other fee, as may be

applicable.

“Service Request” means a request placed by the Customer on the Portal to avail the

Service offered by the Driver.

“Subscription Agreement” shall mean the agreement entered into between Truckinzy and

the Driver pursuant to which the Driver Service Provider has agreed to provide Driver

Services in accordance with these Driver T&C, as amended from time to time.

“Subscription Amount” shall mean the amount paid by the Driver at the time of

subscription to Portal of Truckinzy , if any.

“Truckinzy Policies” means the “Privacy Policy”, Zero Tolerance Policy & such other

policies (including any amendments thereof), which Truckinzy may issue and make

applicable to Driver from time to time and make available to the Driver on the Driver’s

request.

“Term” means the period commencing from the date of acceptance of the Driver T&C by

the Driver up to the date of termination of the Subscription Agreement and/or these Driver

T&C.

“Terms and Conditions” or “Driver T&C” refers to these Driver T&C which are available at

the Portal, as may be amended from time to time.

“Wallet” shall mean the prepaid payment instruments available for payments in the

Truckinzy Portal.

“Zero Tolerance Policy” shall mean the policy of Truckinzy as detailed under the Annexure

to these Driver T&C, as may be amended from time to time.

1. APPLICABILITY OF DRIVER T&C

These Driver T&C together with the Subscription Agreement, Commercial Term

Segment, Zero Tolerance Policy, Truckinzy Policies, shall be deemed to be

incorporated by reference into these Driver T&C and shall form the complete

understanding between the Parties. By accepting the Driver T&C, You

acknowledge and agree to the Subscription Agreement and various Exhibits to the

Subscription Agreement, Truckinzy Policies and any other policy that Truckinzy

makes applicable to You from time to time, to the fullest extent possible.

Additionally, You hereby understand and consent to the collection, storage and

sharing of Aadhaar card and any information extracted therefrom with Third Party

Vendors and/or Government Authorities, for the process of onboarding and

background verification.

2. SCOPE OF SERVICES

1. You agree that Truckinzy ’s role is limited to being a market place/electronic

commerce platform solely for managing and operating the Portal for the display of

the Service in the manner decided by Truckinzy unilaterally, payment collection

through cash, or Wallet to facilitate the transactions between You and the

Customers. Accordingly, Truckinzy is merely an intermediary providing online

marketplace services and the Portal is only a platform where You shall offer

Service to the Customers. The contract for availing the Service shall be a contract

solely between You and the Customer. At no time shall Truckinzy have any

obligations or liabilities in respect of such contract.

2. The Driver confirms and undertakes that Truckinzy does not own or in any way control

customer’s Vehicle drove by a Driver rendering the said Service to the Customer. Truckinzy

shall not be held liable or responsible in any manner whatsoever for any insufficiency or

deficiency of the Service rendered by the Driver to the Customer. Truckinzy does not make any

representations or warranties regarding the quality of the Service provided by You.

SERVICE REQUESTS

1. On receipt of a Service Request, Booking will be allotted to the Driver on the

Device or in such other manner as may be agreed between the Driver and

Truckinzy from time to time.

2. The Driver shall duly complete all Bookings allotted in connection with the Services and

promptly notify Truckinzy immediately by means of short message service / telephonic calls of

any changes / deviations to the Booking, which may affect the provision of the Service.

3. In the event the Driver requires any assistance in connection with the Portal, Service

Requests, Service etc. therein, he / she should contact the Truckinzy call centre. If the

assistance pertains specifically to the Device, Driver App, Portal or anything therein, then such

issue may be directed to the call centres of Truckinzy .

4. Upon a Service Request being allotted to the Driver on the Driver App, Truckinzy may

provide to the Customer, the picture of the Driver, mobile phone number of the driver and such

other information as required under Applicable Laws or as Truckinzy may deem fit, as the case

may be, required by the Customer to identify the Driver.

5. Once a Booking is allotted, Truckinzy will provide the Driver with the necessary Customer

information in order to enable the Driver to satisfactorily provide the Service. Such information

shall be treated as confidential information in terms of Clause 13 below.

6. In the event, the Driver is a female; the Driver shall not accept Service Requests from

20:00 hours in the evening to 08:00 hours in the morning.

4. COMMUNICATION

1. When You use the Driver App on Truckinzy ’s Portal or send emails or other

data, information or communication to Truckinzy , You agree and understand that

You are communicating with Truckinzy through electronic records and You consent

to receive communications via electronic records from Truckinzy periodically and

as and when required. Truckinzy may communicate with You by email or by such

other mode of communications, electronic or otherwise.

2. You hereby expressly consent to receive communication from Truckinzy through Your

registered phone number and/or e-mail id. You consent to be contacted by Truckinzy via phone

calls/SMS notifications. You agree that any communication so received by You from Truckinzy

will not amount to spam, unsolicited communication or a violation of Your registration on the

‘national do not call registry’.

3. By registering with Truckinzy , You hereby agree to (i) provide Information that

Truckinzy has a legal duty to request from a Driver on account of the Know Your

Customer norms under Applicable Laws including without limitation your

Permanent Account Number (PAN); and

(ii) undertake due diligence and update Yourself on Applicable Laws that may have

implications on Your liability as a Driver.

4. You acknowledge and agree that Your Information may be transferred or stored in a server

outside India or the country where You are located in order to perform Truckinzy ’s obligations

under these Driver T&C.

OBLIGATIONS OF THE DRIVER

1. The Driver shall ensure and confirm that he understands the language of the

Driver App / Portal and shall ensure that he/she chooses the language that he

bests understands from amongst the languages that the Driver App / Portal

supports.

2. The Service provided through the Portal by the Driver shall be of the highest

quality as per industry standards and in accordance with the oral and written

requirements of Truckinzy . The Driver shall be liable for any loss caused to

Truckinzy and/or the Customer due to negligence of the Driver in the performance

of the Service.

3. The Driver be deemed to be informed and shall also strive to stay informed

about conditions such as bandhs, strikes, curfews, traffic disruptions, weather

conditions and the like that could affect the Service. The Driver shall, immediately

intimate Truckinzy , and disclose any such aforesaid calamity that he may become

aware of.

4. The Driver shall provide the Service to the Customers in a courteous, effective

and timely manner.

5. The Driver shall hold and keep updated / renewed all license and documents, to

provide services to the users of the Portal.

6. The Driver shall not undertake or assist in any unlawful or illegal activity while

performing Services.

7. The Driver, or any Independent Driver Service Provider shall not allow

unauthorized persons to drive the Customer Vehicle. Truckinzy reserves the right

to take any action at its sole discretion for any violation by the Driver or the

Independent Driver Service Provider, which may extend to but not limited to

termination an/or other legal action.

8. The Driver or any Independent Driver Service Provider shall ensure the safety

and security of the Customers, his own self and that of the vehicle at all times. The

Driver shall immediately bring to the notice of Truckinzy any deviation from the

provision of the Service/s as required under the terms of these Driver T&C,

including but not limited to any accidents, damage to life or property.

9. The Driver agrees that any breach of the Subscription Agreement or these

Driver T&C by him/her is likely to cause Truckinzy substantial and irreparable

damage and therefore, in the event of any such breach, in addition to such other

remedies which may be available Truckinzy shall have the right to specific

performance and injunctive relief.

10. The Driver shall ensure that he is not using the Device for any purpose other

than for providing Service in the manner provided under these Driver T&C. The

Driver shall ensure that the Device is not busy for long, unavailable or switched off

while the performance of the service on the Portal.

11. On allotment of a Booking in response to a Service Request, the Driver shall

ensure that the he arrives prior to the pick-up time.

12. The Driver shall ensure that the Customer pays the Total Ride Fee as well as

additional surcharge (if applicable) and any fee or levy presently payable or

hereinafter imposed by Applicable Law. In the event, the Customer pays by cash

for the Services, the Driver Service Provider shall collect the Total Ride Fee and

remit the Convenience Fee and Cancellation Fee (if any), to Truckinzy in the

manner solely determined by Truckinzy .

13. The Driver will have a functioning mobile number and also have the ability to

read text messages sent by Truckinzy , regarding the Customer details and to

convey Customer feedback.

14. In the event the Driver pilfers or tampers with the property of the Customer, the

Driver shall be solely liable for any damages claimed by the Customer and

Truckinzy may at its sole discretion

terminate the Driver’s registration and disable the Driver’s access to the Portal.

Truckinzy shall in no event be liable for loss of or damage caused to the

property of the Customer.

15. Driver hereby acknowledges and agrees that Truckinzy shall alone be

responsible for settling any payment related issues between Customer and Driver.

In case of any conflict, the Driver shall seek instructions from Truckinzy . The

Driver agrees that the decision taken by Truckinzy shall be final and binding on

the Driver in the aforesaid case.

16. The Driver shall make himself/ herself available for such trainings as Truckinzy

may be required to organize pursuant to Applicable Law or as Truckinzy may

deem necessary from time to time.

17. The Customer Vehicle shall be the sole responsibility of the Drivers during the

trip and the Driver shall be liable or responsible for any loss or damage to the

Vehicle caused by any other third party for any reason whatsoever.

18. The Driver shall not drive rashly, shall follow traffic regulations and all

Applicable Laws during the performance of the Services, wear seat belt, not

consume liquor / cigarette / bidi, or any other kind of intoxicant while performing

the Service/(s) and shall have and hold a valid driving license. The Driver shall not

take any personal calls except in the event of an emergency, without prejudicing

the safety of the Vehicle and the Customer. Driver shall take all calls from the

Customer and Truckinzy only after stopping the Vehicle at an appropriate

location to take the call, without being a hindrance to the traffic around him or

without violating any traffic rules.

19. Any cancellation of the allotted Booking is prohibited except in exceptional

circumstances based on a justifiable explanation provided by the Driver. The Driver

shall immediately inform Truckinzy in case of any cancellation or refusal of allotted

Booking. Further, the Driver hereby agrees such cancellation or refusal to provide

Service may, lead to a deduction in form of withholding of part or whole of the

Driver Proceeds.

20. The Driver shall be solely responsible for:

i. any failure to complete a Service Request accepted by the Driver;

ii. any failure to pick up Customer(s) at the allotted time and/or place;

iii. any act or omission on the part of its Drivers including any rash and

negligent driving, verbal, physical or harassment of any nature;

iv. any violation or non-adherence to the Applicable Law by it;

v. any nuisance or damage caused to the property of Truckinzy by the

Driver or any misbehavior with Truckinzy representatives; misbehavior

shall include within its purview using abusive language, causing physical

harm and making indecent gestures;

vi. any physical and/or mortal danger caused to the Customers whilst using

or in connection with the Service;

vii. any delay of more than 10 (ten) minutes caused to the Customer(s);and

viii. charging excess Total Fee from the Customer or charging the Customer

more than what is displayed on the meter; and

21. The Driver, shall not either directly or indirectly:

i. engage in any conduct that damages the reputation or causes inconvenience

in any manner, to Truckinzy ; or

ii. be the reason for Truckinzy to be a part of any negative publicity.

22. The Driver hereby agrees that any complaint/s by Customers regarding the

Driver will be considered to be a breach of the obligations by the Driver hereunder

for which Truckinzy shall not be responsible in any manner. If there is any serious

complaint regarding Driver, Truckinzy may, in its sole discretion, immediately

terminate the Account of such Driver, by providing a written notice to Driver to this

effect.

23.

Driver will maintain all track relating to the Services provided by Driver and

payments collected. Upon reasonable notice, Truckinzy may audit, or may appoint

a qualified independent auditor to audit, the books and records of the Driver to

verify the accuracy of the amount of payments collected by the Driver. If such audit

reveals any discrepancies with respect to the payment collected and submitted to

Truckinzy , then in addition to Truckinzy retaining the right to exercise other

remedies, may require the Driver to promptly pay Truckinzy an amount equal to

the discrepancy and may ask for an additional amount as fine from the Driver. The

audits will be conducted at Truckinzy ’s expense; provided, however, that if the

audit reveals an underpayment by the Driver with respect to collection and

submission of payments to Truckinzy in excess of 5% (five percent), then Driver,

in addition to payment obligations described above, will promptly reimburse

Truckinzy for all reasonable, third party audit fees.

24. Driver shall ensure to wear Truckinzy uniform during time of providing driver

services through Truckinzy portal.

6. DEVICE

The provisions relating to Device shall be as set out in the Subscription Agreement.

7. CONTENTS POSTED ON PORTAL / DRIVER APP

1. All text, graphics, user interfaces, visual interfaces, photographs, trademarks,

logos, sounds, music, artwork and computer code (collectively, “Content”),

including but not limited to the design, structure, selection, coordination,

expression, “look and feel” and arrangement of such Content, contained on the

Portal / Driver App is owned, controlled or licensed by or to Truckinzy and is

protected under the Applicable Law.

2. Except as expressly provided in these Driver T&C, the Driver shall not:

i. Copy, reproduce, modify, damage, disassemble, decompile, reverse

engineer or create derivative works including, without limitation,

translations, transformations, adaptations or other recast or altered

versions) from the Portal / Driver App, or any portion thereof; (Breach,

disable, tamper with, or develop or use (or attempt) any workaround

for any security measure provided in the Portal / Driver App;

ii. Send spam or otherwise duplicative or unsolicited messages in

violation of applicable laws, send or store infringing, obscene,

threatening, libelous, or otherwise unlawful or tortuous material,

including material harmful to children or violative of third party privacy

rights;

iii. Store or disseminate material containing software viruses, worms,

trojan horses or other harmful computer code, files, scripts, agents or

programs;

iv. Use the Portal / Driver App in a way that infringes or misappropriates a

third party’s

intellectual property rights or personal rights;

v. Use any device, software, or routine to interfere or attempt to interfere

with the proper working of the Portal / Driver App or any activities

conducted on the Truckinzy ’s servers;

vi. Copy, sell, sub-license or assign the Portal / Driver App, and its rights

under these Driver T&C, without the prior written consent of

Truckinzy ;

vii. Distribute, disclose or allow use of the Portal / Driver App by any

third party in any format, through any timesharing service, service

bureau, network or by any other means; or

viii. Merge or combine the Portal / Driver App with any other technology

not provided by Truckinzy .

You may use information on the Portal / Driver App purposely made available by

Truckinzy for downloading from the Portal / Driver App, provided that You:

i. do not remove any proprietary notice language in all copies of such

documents; or

ii. use such information only for Your personal, non-commercial

informational purpose and do not copy or post such information on

any networked computer or broadcast it in any media; or

iii. make no modifications to any such information; or

iv. do not make any additional representations or warranties relating to

such documents.

4. You shall be solely responsible for any notes, messages, e-mails, billboard

postings, photos, drawings, profiles, opinions, ideas, images, videos, audio files or

other materials or information posted or transmitted to the Portal / Driver App

(“Posted Content”), provided that such Posted Content is not restricted or

prohibited under Applicable Laws or such Posted Content is not infringing any third

party’s proprietary rights. Subject to the foregoing, such Posted Content will

become Truckinzy ’s property and You grant Truckinzy the worldwide, perpetual

and transferable rights in such Posted Content. Truckinzy shall be entitled to, use

the Posted Content or any of its elements for any type of use forever, including but

not limited to promotional and advertising purposes and in any media whether now

known or hereafter devised, including the creation of derivative works that may

include Posted Content. You agree that any Posted Content may be used by

Truckinzy in the manner that Truckinzy deems fit, consistent with Applicable Laws

and You are not entitled to any payment or other compensation for such use of

Posted Content by Truckinzy . Truckinzy will use such information in accordance

with the Driver T&C including any Truckinzy Policies. You hereby represent and

warrant that You have necessary rights to all the Posted Content and information

You provide and are authorized to provide such Posted Content and information

for the Portal. Notwithstanding anything contained in this Section, You shall be

solely responsible for any liability arising out of the Posted Content on the Portal.

8. Truckinzy ’S RESERVED RIGHTS

1. Truckinzy may, upon notice to the Driver, delist or remove the Information

pertaining to the Driver from the Portal / Driver App.

9. PRIVACY TERMS

1. Truckinzy stores and processes Your Information, including any sensitive

financial information, in accordance with the Information Technology Act, 2000 and

the Rules made there under as well as the Privacy Policy of Truckinzy as will be

notified to you via text message and/or e- mail from time to time. If You object to

Your Information being used in the manner prescribed by law or under Truckinzy ’s

Driver App.

2. Notwithstanding the foregoing, Truckinzy shall be entitled to disclose to all

companies within its group, or any government body as may be required by law or

by any official directive or request from such government body or any third party

through a court process or other official agency, Your particulars, in any way as

Truckinzy , in its absolute discretion, deems fit or if it considers it in its interests to

do so.

10. REPRESENTATIONS AND WARRANTIES

You represent and warrant that:

i. You are eligible for registration on the Portal / Driver App and creation of

an Account in terms of these Driver T&C.

ii. You have all requisite power and authority to, deliver and perform the

obligations imposed herein;

iii. The execution and performance of the obligations do not and will not

violate any provision of any existing agreement, law, rule, regulation, any

order or judicial pronouncement to which You are a party;

iv. Customer is the rightful owner of the Vehicle or have the requisite

authority and should follow customer instructions with respect to the use

of the Vehicle during the performance of the Services;

v. You have all rights, licenses and permits as may required by Applicable

Laws to perform the Service in accordance with the terms of the Driver

Agreement and these Driver T&C. You shall be responsible and liable for

any violation of any law, rule or regulation in the performance of its

obligations under these Driver T&C.

vi. You have not been convicted by any court in India or any other country of

any crimes including but not limited to involving moral turpitude. Further,

You are not a party to any pending litigation which shall materially affect

Your obligations under these Driver T&C.

2. You undertake that, at all times during the Term, You will:

i. abide by these Driver T&C, Zero Tolerance Policy and the Truckinzy

Policies, as may be made applicable to You from time to time;

ii. perform the Service/(s) in accordance with all Applicable Laws;

iii. not viTruckinzy te the intellectual property rights of Truckinzy or of

any third party and for any breach or violation of such intellectual

property rights,

iv. be solely responsible to comply with Truckinzy Policies and adopt

appropriate processes to prevent offering any illegal gratification in

the form of bribes or gifts either in cash or in kind in the course of all

dealings with Truckinzy or the Customer or any other third parties.

11. DISCLAIMER

1. You understand and acknowledge that Truckinzy disclaims and shall disclaim

all representations and warranties to the Customer, of any kind, whether express

or implied as to condition, suitability, quality, merchantability and fitness for any

purposes in respect of any and Services offered by the Driver through the Portal.

2. Truckinzy does not warrant that You will be able to use the Portal / Driver App

and/ or will be able to provide the Service/(s) at all times or locations on the Portal

or that the Portal / Driver App and the Services provided through the Portal / Driver

App will be uninterrupted or error- free or that the defects will be capable of being

corrected by Truckinzy in a timely fashion. Truckinzy ’s Portal, and all other

technology developed and installed on the Device by Truckinzy are provided on

an “AS IS” and “AS AVAILABLE” basis and Truckinzy specifically disclaims all

warranties and indemnities, express, implied or statutory, including without

limitation any warranty of merchantability, fitness for a particular purpose,

accuracy, completeness, or any other warranty arising from the course of

performance or course of dealing. Truckinzy also does not provide any warranties

as regards the compatibility of Truckinzy ’s Portal, Driver App or any other installed

technology with the Device of the Driver and the results as well as performance of

the Portal / Driver App may vary depending on the model of the Device.

12.

CONFIDENTIALITY

1. You acknowledge that pursuant to this Driver T&C, You will have access to

confidential information of Truckinzy and its affiliates which has been provided by

Truckinzy . You undertake to keep confidential all data and other confidential

information of Truckinzy and shall not sell or otherwise make that information

available to any third parties.

2. Except as otherwise agreed, the data of Customers will be the exclusive

property of Truckinzy , and You will not use the same for Your own purpose or

distribute such data in any form or means except for the purpose of these Driver

T&C and shall keep it confidential at all times. Confidential information would

include but not be limited to Customer details, market information, all work

products and documents related thereto, the contents of the Portal, Driver App or

any other information which is treated as confidential by Truckinzy , and any other

information, whether orally or in writing, received or to be received by You which is

agreed to be treated as confidential, whether expressly or by implication.

13. INDEMNIFICATION AND LIMITATION OF LIABILITY

1. You agree and undertake to indemnify and to hold harmless Truckinzy its

affiliates, successors, agents, assigns, and each of their directors, officers,

employees, associates, agents, and representatives from and against any losses,

damages, liability, claims, costs, penalty and expenses (including, without

limitation, reasonable attorneys’ fees) incurred by reason of (i) any breach or

alleged breach by You of the Your obligations, performance or observance of Your

role, functions, responsibilities, representations, or warranties under the Driver

T&C; (ii) any violation of Truckinzy Policies or any other policies provided by

Truckinzy ; (iii) any harm to the reputation and goodwill of Truckinzy ; (iv) any claim

of violation of intellectual property of a third party by Driver’s usage of Truckinzy ’s

intellectual property in a manner not permitted under these Driver T&C; (v) Driver’s

misconduct or unauthorized access to data on the Portal or permitting in any way

by the Driver the transfer of such data to the competitors of Truckinzy or its

affiliates or to any third party; and (vii) fraud, negligence and misconduct of the

Driver.

2. You shall be liable to indemnify and hold Truckinzy harmless against all

damages, losses, costs and expenses incurred by Truckinzy as a consequence of

any complaint from any Customer received by Truckinzy with respect to defective

Service/(s).

3. In addition to the indemnification rights of Truckinzy under these Driver T&C,

Truckinzy shall also be entitled to such other remedies available under Applicable

Laws.

4. In no event will Truckinzy be liable for any losses arising from or in connection

with these Driver T&C, pursuant to any claim by the Driver against Truckinzy

under contract, tort or otherwise, if such losses could have been avoided by the

Driver using reasonable efforts to mitigate them. Further, Truckinzy shall also not

be liable to the Driver in contract, tort or otherwise for indirect, special, incidental,

exemplary, punitive, or consequential damages of any kind whatsoever even if

advised of the possibility of such damages. Notwithstanding anything contrary

contained elsewhere in the Agreement, the total cumulative liability of Truckinzy to

the Driver or to any person claiming under or through it, shall not exceed INR

1000/- (Rupees One Thousand only).

5. Truckinzy shall not be responsible or liable for any loss or damage, howsoever

caused or suffered by the Driver arising out of the use of the service offered by

Truckinzy to the Driver directly or indirectly, for any reason whatsoever, including

but not limited to damage or loss caused to You as a result of a Customer’s

non-compliance, which includes, but is not limited to, any incorrectly placed voice

instructions, malfunction, partial or total failure of any network terminal, data

processing system, computer tele-transmission or telecommunications system or

other circumstances whether or not beyond the control of Truckinzy or any

person or any organization involved in the above mentioned systems. The

Driver shall also be liable to Truckinzy for any loss caused to Truckinzy due to

the negligence of Driver or any unlawful act or omission in the performance of

the Service. Without prejudice to the above, Truckinzy shall not be liable for

any direct or indirect loss or damage, which may be suffered by the Driver as a

result of any failure by a Customer to show up within any stipulated time even if

Truckinzy has agreed to such timing or even if the Customer has advised

Truckinzy of the possibility that he / she may not show up within the stipulated

time.

14. TERMINATION OF DRIVER REGISTRATION

1. The Parties to these Driver T&C shall be entitled to terminate these Driver T&C

with a prior written notice of 7 (seven) Business Days to the other Party without

assigning any reason for the termination.

2. The Parties to these Driver T&C shall be entitled to terminate these Driver T&C

for any breach of any obligations, representations or warranties, or any other

material terms as contained in this Driver T&C by a Party which is not the Party

proposing to terminate the Driver T&C at the end of 5 (five) days from the

intimation of such breach to the breaching Party, if such breach is not rectified

within 5 (five) days.

3. Upon termination of these Driver T&C in the manner set out in Clause 14.1 and

14.2 above, the registration of the Driver on the Portal shall stand cancelled and

the Account shall be terminated and the Driver shall not be eligible to use the

Portal.

4. Upon the expiry or early termination of these Driver T&C:

i. The Driver shall pay to Truckinzy all amounts due and owing to

Truckinzy .

ii. Truckinzy may, at its own discretion, return the Subscription Amount with

such deductions as may be required to be made for the amounts and

penalties/ Suspect Charges due to be paid by the Driver to Truckinzy

under these Driver T&C.

iii. On the termination of Your registration, Truckinzy will settle the Driver

Proceeds which have become due to You on account of the Service to

the Customers through the Portal and for other activities agreed under

the Subscription Agreement, prior to the date of termination.

iv. Each Party shall promptly return to the other Party all property and

materials including all devices and including confidential information and

materials, furnished to it by the other Party pursuant to these Driver T&C

and/or the Subscription Agreement between the Parties. Where the

confidential information cannot be returned in material form, the Party

shall destroy the other Party’s confidential information.

v. The Parties shall cease acting in a manner that would imply a continuing

relationship between the Parties and shall cease all marketing and other

activities contemplated under these Driver T&C and/or the Subscription

Agreement. In connection with the usage of uniforms, on termination or

expiration of the Subscription Agreement along with the Driver T&C, the

Driver shall ensure that Truckinzy branding affixed / displayed T-shirts/

Uniforms or equipments, if any, shall not be used. Truckinzy disclaims all

liabilities, whether civil, criminal, tortious, or otherwise, that may accrue as

a consequence of continued use of any branding by the Driver after expiry

or termination of the Subscription Agreement and Driver T&C.

5. Clauses 7 (Contents Posted on Mobile Application), 9 (Privacy Terms), 11

(Disclaimer), (Confidentiality), 13 (Indemnification and Limitation of Liability), 14

(Termination of Driver Registration) and 15 (Dispute Resolution, Governing Law

and Jurisdiction) shall survive the expiry/termination of these Driver T&C in

accordance with their terms.

Expiry or earlier termination of this Agreement will not prejudice any rights of the

Parties that may have accrued prior to expiry or termination.

7. Without prejudice to the foregoing, the termination of Your registration pursuant

to any of the provisions contained herein above shall not limit or otherwise affect

any other remedy (including a claim for damages), which Truckinzy may have,

arising out of the event which gave rise to the right of termination.

15. DISPUTE RESOLUTION, GOVERNING LAW AND JURISDICTION

1. If any dispute arises between You and Truckinzy , in connection with, or arising

out of, these Driver T&C, the dispute shall be referred to arbitration under the

Arbitration and Conciliation Act, 1996 (Indian) to be adjudicated by a sole arbitrator

to be appointed by Truckinzy . Arbitration shall be held in Delhi. The proceedings

of arbitration shall be in the English language. The arbitrator’s award shall be final

and binding on the Parties.

2. These Driver T&C shall be governed by and construed in accordance with the

laws of India.

3. Subject to clause 15.1, the courts in Delhi shall have the exclusive jurisdiction

in connection with this Agreement.

4. In addition to above remedies, Truckinzy shall be entitled to an interim

injunction, restraining order or such other equitable relief as a court of competent

jurisdiction may deem necessary or appropriate to restrain You from committing

any violation of Your covenants and obligations. These injunctive remedies are

cumulative and are in addition to any other rights and remedies Truckinzy may

have at law or in equity.

16. MISCELLANEOUS

1. Entire Agreement: The Parties hereby agree that the Subscription Agreement,

Exhibits and these Driver T&C along with Commercial Term Segment, Truckinzy

Policies, Zero Tolerance Policy and any other policy that Truckinzy notifies to the

Driver from time to time shall constitute the entire agreement between them and

shall supersede and override all previous communications, either oral or written,

between the parties with respect to the subject matter of this Agreement. In the

event of any contradiction or inconsistency between the Driver T&C and any other

agreement executed between the parties, the terms of the Driver T&C shall prevail

unless the exception has been expressly agreed to in writing by making reference

to the relevant Clause sought to be modified under these Driver T&C.

2. Independent Contractor Status: The relationship created by Driver T&C is that

of\ independent contractors, and not partners, franchisees or joint ventures. No

employees, consultants, sub- contractors or agents of one party is or will be

deemed to be employees, consultants, contractors or agents of the other party, nor

do they have any authority to bind the other party by contract or otherwise to any

obligation, except as expressly set forth herein. The Driver shall not be deemed for

any purpose to be an employee of Truckinzy or any of its Affiliates. Truckinzy

shall not be responsible to the Driver or any governing body for any payroll-related

taxes related to the performance of Services hereunder, including but not limited

to, withholding or other taxes related to central or state income tax, social security

benefits or unemployment compensation.

3. Assignment: Neither these Driver T&C nor any of the rights, interests or

obligations hereunder shall be assigned by the Driver to any third party, without the

prior written consent of Truckinzy . Truckinzy may, at its sole discretion, assign the

rights, interests or obligations hereunder to any person whosoever.

4. Force Majeure: Any delay in or failure to perform any obligations by either party

under the Driver T&C shall not constitute default hereunder if and to the extent

caused by force majeure,

which is defined to be occurrences beyond the reasonable control of such Party

committing default, including and limited to acts of the government authorities,

acts of God, fire, flood, explosion, riots, war, rebellion, insurrection (“Force

Majeure”). Provided, however, You shall give prompt written notice within a

period of 7 (seven) days from the date of the force majeure occurrence to

Truckinzy . You shall use all reasonable efforts to avoid or remove such cause

of non-performance and shall continue performance hereunder whenever such

causes of force majeure are removed. In the event the Force Majeure event

continues for a period of 7 (seven) days from the date on which Truckinzy

receives the notice from You as above, Truckinzy shall have the right to

terminate these Driver T&C.

5. Notices: Any notices, requests and other communications required or permitted

hereunder shall be in writing and may be sent by any of the following means to the

receiving Party at the relevant addresses set forth in these Driver T&C:

i. By electronic mail.

For the purposes of this sub-clause the Parties’ electronic mail addresses

shall be the

following, unless otherwise intimated by the Parties to each

other, Truckinzy : care@Truckinzy.com;

Independent Driver Service Provider: As provided during attachment.

ii. By SMS sent to mobile

number at: Truckinzy :

Not Applicable;

Independent Driver Service Provider: As provided during attachment.

iii. By hand, against a written acknowledgement of receipt by the

receiving Party. Truckinzy : 3A/25 2nd Floor Regarpura W.E.A

Karol Bagh, Central Delhi, New Delhi , Delhi 110005, India,

Independent Driver Service Provider: As provided during

attachment.

iv. By registered mail. Same as mentioned in 16.5(iii) above.

In the event the delivery of the notice is attempted to be made at all the

contact addresses provided by the party, the notice shall be deemed

delivered on the third day from the date of the notice.

6. Waiver: Either party may exercise a right, power or remedy at its discretion and

separately or concurrently with another right, power or remedy. No failure or delay

on part of any Party hereto exercising any right, power or privilege hereunder shall

operate as a waiver thereof, nor shall any single or partial exercise of any right,

power or privilege hereunder preclude any other or further exercise thereof or the

exercise of any other rights, powers or privileges by such party.

7. Severability: Any provision that is prohibited or unenforceable in any jurisdiction

will, as to such jurisdiction, be ineffective to the extent of such prohibition or

unenforceability without invalidating the remaining portions hereof or affecting the

validity or enforceability of such provision in any other jurisdiction.

8. Amendment: These Driver T&C may be modified or amended by Truckinzy at

its sole and absolute discretion.

ZERO TOLERANCE POLICY

Driver will strictly follow ZERO TOLERANCE policy which shall be subject to change and

any changes shall be intimated to the Driver from time to time via SMS or e-mail. ZERO

TOLERANCE policy is mentioned below:

Breach/Fine Consequences: AS INFORMED BY Truckinzy FROM

TIME TO TIME Breach Cases:

1. Asking for tips: Driver shall not Proactively ask for ‘tips’ from the Customer.

Driver shall not hassle the Customer for change.

2. Wasting Customer’s Time: Driver shall not make any Personal stops during the journey.

3. Personal hygiene: Driver shall wear neat Truckinzy uniform & badge (if

provided by Truckinzy Infotech Private Limited) at all times during duty hour. Driver

shall maintain personal hygiene.

4. Customer Service: Driver shall greet Customers both at pick up and drop. Driver shall

manage all the maintenance, loading and unloading equipments provided by customer in

vehicle and is solely responsible for it and should hand over as it to the customer on completion

of the trip.

5. Vehicle Cleanliness: Driver shall keep the Customer Vehicle clean during the trip duration.

6. Disturbing Customer: Driver shall not play loud music (above mid-level of the

stereo) or music through any kind of earphone device. Driver shall not

unnecessarily blow horn. Driver shall not proactively engage into a personal

conversation with the Customer and shall not resort to any kind of unpleasant

behaviour with Customers.

7. No Smoking/Tobacco/Pan/Masala/Food Item: Driver shall not smoke inside the

Vehicle. Driver shall not chew any masala or chewing gum or any other food item

while a ride is in progress.

8. Emergency Procedures: In case of :

Ø Accidents:

· Immediate Actions: In the event of an accident, the driver must immediately stop the

vehicle, turn on hazard lights, and place safety triangles to warn other road users.

· Assessing the Situation: Check for injuries and call emergency services (ambulance,

police) if needed. Provide first aid if necessary and possible.

· Inform the Customer: Immediately inform the customer about the accident, the

current situation, and any immediate actions being taken.

· Reporting the Accident to Truckinzy: Contact Truckinzy's emergency support line to

report the accident. Provide details such as location, time, nature of the accident, and

any injuries or damage.

· Documenting the Incident: Take photos of the scene, vehicle damage, and any

relevant road conditions or signs. Collect contact information from any other parties

involved and witnesses.

· Follow-Up: Await instructions from Truckinzy regarding the next steps, such as

arranging for vehicle recovery or continuing the journey if the vehicle is safe to drive.

Ø Health Issues:

· Driver Illness or Injury: If the driver experiences a health issue that impairs their ability

to drive safely, they should pull over to a safe location and inform the customer

immediately.

· Medical Assistance: Call emergency services if the condition is serious. Truckinzy will

assist in coordinating medical help and provide support to ensure the driver's safety.

· Inform Truckinzy: Contact Truckinzy to report the health issue and inform them about

the current situation.

· Substitute Arrangements: Truckinzy will arrange for a substitute driver to take over

the journey if necessary. The original driver should not resume driving until medically

cleared.

Ø Vehicle Breakdown:

· Safety First: If the vehicle breaks down, the driver should pull over to a safe location,

turn on hazard lights, and place safety triangles.

· Assess the Problem: Try to identify the issue if it is safe and possible to do so. This

can help in providing accurate information to Truckinzy.

· Inform the Customer: Immediately inform the customer about the breakdown, the

suspected issue, and any immediate actions being taken.

· Contact Truckinzy: Inform Truckinzy of the breakdown, providing details such as

location, suspected issue, and whether the vehicle can still be driven safely.

· Await Assistance: Truckinzy will dispatch roadside assistance or a tow service if

necessary. Follow any instructions given by Truckinzy for the next steps.

· Customer Communication: Keep the customer informed about the situation and

expected time for assistance or resolution.

Ø Cargo Issues:

· Cargo Shift or Damage: If the cargo shifts or is damaged during transit, pull over

safely to assess the situation.

· Secure the Load: If it is safe to do so, re-secure the cargo to prevent further

movement or damage.

· Inform the Customer: Immediately inform the customer about the issue with the

cargo, the actions being taken, and any potential impact on the delivery.

· Report to Truckinzy: Inform Truckinzy of the issue, providing details about the cargo

condition and any immediate actions taken.

· Follow Instructions: Await further instructions from Truckinzy regarding cargo

handling, potential claims, or contacting the customer for further step

9. Communication and Support:

· Emergency Contact Information: Drivers should have Truckinzy's emergency contact

information readily available i.e,

Mob No: 9911022107

· Clear Communication: Maintain clear and prompt communication with both the

customer and Truckinzy during any emergency. Provide updates as needed and

follow the instructions given by Truckinzy's support team.

10. Vehicle Inspection and Maintenance:To ensure the safety and reliability of the vehicles used

in Truckinzy's services, drivers must adhere to the following procedures for vehicle inspection

and maintenance:

Ø Pre-Trip Inspections:

· Conduct Thorough Inspections: Before starting the trip, the driver must conduct a

thorough inspection of the vehicle. This includes checking the brakes, tires, lights,

fluid levels, mirrors, and any other critical components.

· Identify Issues: If any issues are identified during the inspection, the driver must

assess whether they affect the roadworthiness of the vehicle.

· Inform the Customer: If any issues are found, the driver should immediately inform

the customer about the identified problems and the potential impact on the journey.

· Report to Truckinzy: After informing the customer, the driver should contact Truckinzy

to report the issues and seek further instructions. Avoid driving the vehicle if it is

deemed unsafe.

Ø Post-Trip Inspections:

· Inspect the Vehicle: Upon completing the trip, the driver must perform another

inspection of the vehicle to identify any new issues or damages that may have

occurred during the journey.

· Inform the Customer: If any issues or damages are discovered, the driver should

inform the customer before they leave. Provide details of the identified issues and the

steps being taken.

· Report to Truckinzy: After informing the customer, the driver should report the

post-trip inspection findings to Truckinzy. This includes any damages, wear and tear,

or mechanical issues that need attention.

11. Documentation: To maintain compliance and operational readiness, Truckinzy drivers must

keep all essential documentation current and readily accessible. This includes permits, insurance

certificates, and cargo papers. Ensuring these documents are up to date and available for

inspection at all times helps streamline operations and ensures regulatory adherence during

transportation services. This proactive approach also facilitates smooth customer interactions

and regulatory compliance checks, enhancing overall service reliability and efficiency.

12. Cargo Security and Safety: Drivers must ensure that all cargo is securely fastened and

balanced within the vehicle. This includes using appropriate restraints and containers to prevent

shifting during transit. For hazardous materials, follow specific safety protocols to minimize risks,

such as using designated containers and ensuring proper labelling. Adhering to these practices

ensures safe transport, reduces the risk of damage or accidents, and maintains compliance with

safety regulations for the protection of both the cargo and all road users.

13. Rest and Work Hours Compliance: It's crucial for drivers to follow regulations on driving

hours and mandatory rest periods to prevent fatigue. This ensures they remain alert and capable

of safe driving. By taking required breaks and adhering to prescribed work hour limits, drivers not

only comply with legal standards but also prioritize their own well-being and the safety of others

on the road. This practice helps maintain peak performance and reduces the risk of accidents

due to driver fatigue.

14. Customer Instructions and Safety: While drivers should follow customer instructions, they

should not comply with requests that compromise safety or violate laws/regulations.

15. Environmental Considerations: Encourage eco-friendly driving practices, such as reducing

idling time and maintaining efficient fuel usage.

16. The Driver shall ensure that he has adequate change with him so that at all times he is in

the position to return the balance amount to the Customer.

17. The Driver should not make any fake calls or give any missed calls to the Customer’s

contact number. The Driver should only give a call to the Customer informing the Customer

about his arrival at the destination. Driver shall not make unwarranted use of the Customer

contact details after the customer has been dropped at the destination.

18. The Drivers shall be well versed with the routes. The Driver shall not take any long route

when there is another short route known to him for reaching the destination. The Drivers are not

expected to halt at several places during the journey due to lack of knowledge of the routes.

19. Delay In Pick – Up: Driver should reach the pickup point (before pick-up time ). Driver must

intimate the Customer that he has reached at the pick - up location.

20. Driver should keep his mobile ‘ON’ while he is logged into the Truckinzy Portal and he

should receive every call of the Customer. Driver should not make any deliberate attempt to

park the Vehicle in ‘non-network’ area while the Customer is away for his/her personal work.

21. Rude Behavior with Female Customer: Driver shall not under any circumstance argue with

the Customer/use abusive words / raise his voice tone while talking to the Customer. Driver

should follow the instructions given by Customer as well as by Truckinzy Call Centre.

22. Mobile Phone Usage: Driver shall not use mobile phones (unless for emergency purposes)

while driving. This includes but not limited to SMS, video calls, voice, MMS and downloading.

However, this shall not apply in case of calls from Truckinzy representatives and the Customer.

23. Reporting To Truckinzy : Driver shall not lie about Vehicle’s position to the Truckinzy

representative. Driver shall not report meter readings incorrectly. Driver shall provide

opening

and closing readings of the odometer on time as and when such reading is

required to be provided by the Truckinzy representatives.

24. Rash Driving: Driver shall not exceed the speed limit of:

i. 40 Kms per hour within the city;

ii. 50 Kms per hour on state highways; and

iii. 60 Kms per hour on National highways. If any other speed limits

prescribed for any road which is lower than the speed limits specified

in (i), (ii) and (iii) above, the Driver shall follow the said prescribed

lower speed limits. Driver should not apply sudden breaks and should

not take sharp turns that may cause inconvenience to the other road

users.

25. Commercial Driving License (CDL): While on duty hours with Truckinzy it is

mandatory to keep, Commercial DL varying from category of vehicle driven:

· MGV License for Medium Goods Vehicle

· HMV License for Heavy Motor Vehicle

· HTV License for Heavy Transport Vehicle

and all relevant impacting papers

26. While performing the Driver Services, Driver should not sleep in the customer Vehicle

without the consent of the customer.

27. Driver shall not reject the booking on his own at the time of allotment under any

circumstances (unless permitted by Truckinzy ).

28. Driver shall not reject a booking or a Customer once he has accepted the duty and logged

in and shall not switch off his mobile under any circumstances.

29. Device Misuse: Driver shall ensure that the Device (as defined in the Driver T&C) shall not

be misused in any ways

30. Traffic Rules: Driver shall obey all traffic rules including traffic signals. Driver shall always

keep all statutory documents. Driver shall wear seat belt all the time while driving.

31. Driver lying or completing service in bad-faith: Driver should follow the best and shortest

possible route to reach the destination. Driver should not misrepresent or misguide the routes

or duty slips to increase the fare.

32. Driver shall not consume/intake or be under the influence of alcohol or narcotic substances

while logged into the Truckinzy Portal.

33. Abusive or discriminatory Driver: Driver should not do anything like abusing the Customer,

talking to Customer or any such behavior which shall make the Customer feel uncomfortable

during journey. Driver should not discriminate against Customer for any reason, including on the

basis of sex, race, caste, creed, religion, disability or nationality.

34. Rude behavior/ Customer inconvenience: Driver should not end the trip in the middle of the

journey even if any misunderstanding or verbal fights happen between the Customer and the

Driver. If Vehicle gets breakdown, he should follow the instructions provided by the customer for

further steps.

35. Extra Ordinary Circumstances: Any instance of Driver’s behavior that directly or indirectly

impacts the Company’s “Brand Image”.

36. Maximum Weight: Never load the vehicle above the manufacturer’s maximum specified

weight.

37. Medically Fit: Never drive the vehicle if medical conditions will impact the driving.

38. Unauthorized Goods or Persons: Not accept any bookings if it is for

unauthorized purpose or persons. Driver can intimate Truckinzy and cancel the

bookings.

EXHIBIT-C

COMMERCIAL TERMS SEGMENT

Details of the following commercial terms will be informed by Truckinzy from time to

time: Description of Commercial Terms

1. Platform Subscription Fees for the use of Truckinzy technology platform (Rs.)

2. Incentives

3. Commission Payable to Truckinzy

(Percentage) [Truckinzy] To be informed

by Truckinzy from time to time.

Key Terms:

i. All payments due to the Independent Driver Service Provider shall be made

through NEFT/RTGS etc., as mutually agreed from time to time.

ii. Incentive (if any) may be given to the Independent Driver Service Provider by

Truckinzy from time to time. The Incentives shall be determined after taking into

consideration all dues, fines, charges, interest, claims, costs, expenses etc.. For

the sake of clarity, both the parties acknowledge and agree that the foregoing

amounts are only for limited purposes of arriving at the value of Incentives.

iii. You authorize Truckinzy to make deductions from the Independent Driver Service

Provider Proceeds which includes the following:

a) Tax Deduction at Source (TDS) as per the Income Tax Act, 1961, where

applicable;

b) service tax and other applicable taxes; and

c) and any other amounts due and payable by the Independent Driver Service

Provider to Truckinzy as per applicable law.

iv. The terms in this Commercial Terms Segment are subject to change and will be

communicated to the Independent Driver Service Provider via SMS/call to

registered mobile number.

v. The Independent Driver Service Provider hereby agrees that discounts given to

the users of the Portal, if any, will be decided by Truckinzy on a case-to-case

basis which shall be informed to the Independent Driver Service Provider by

Truckinzy , and the Fee finally appearing on the Device configured by Truckinzy

for settlement between the Independent Driver Service Provider and Truckinzy

shall be final and binding on the Independent Driver Service Provider. The

Independent Driver Service Provider shall agree to the same without demur or

protest.

vi. Truckinzy reserves the right to change the rates and payment terms between the

Driver Service Provider and Truckinzy mentioned in the Commercial Term

Segment at any given point in time, which shall be notified to the Independent

Driver Service Provider.

vii. Notwithstanding anything contained in this Agreement, where Truckinzy has

reason to believe that any charges/debits in respect of the Fee have been

fraudulently incurred (“Suspect Charge”), Truckinzy will always be entitled to

deduct an amount equivalent to Suspect Charge from the Subscription Amount or

in the event of insufficient Subscription Amount, Truckinzy will be entitled to

require the Independent Driver Service Provider to remit the Suspect Charge in

cash with Truckinzy .

viii.

Credit Limit: The Independent Driver Service Provider shall be allowed an

amount of Rs. 500 as the Credit Limit on Truckinzy platform. “Credit

Limit” means allowable outstanding receivables of Truckinzy from

the Independent Driver Service Provider. The Driver Service

Provider shall ensure that the Credit Limit shall not exceed Rs. 500

at any point in time. However, Truckinzy shall at its sole discretion

change the allowable Credit Limit for the Independent Driver

Service Providers from time to time and shall notify the same to the

Driver Service Provider.

ix. Truckinzy shall notify the Independent Driver Service Provider as

soon as the Credit Limit is reached. Once, the Credit Limit exceeds

the above specified limit, the Account will become inactive without

any further notification. The Driver will not be allotted any further

bookings till the Independent Driver Service Provider pays the

outstanding amount exceeding the specified credit limit. The

Independent Driver Service Provider can pay the outstanding amount

via payment gateway enabled in Service Provider App.

x. Settlement: Pursuant to any settlement (“Settlement”) that the

Independent Driver Service Provider is required to make with

Truckinzy , under the terms of this Agreement and/or these the Driver

Service Provider T&C, whether for a breach of this Agreement and/or

the Driver Service Provider T&C or otherwise, Truckinzy shall send a

report of the Settlement by short message service (SMS) / email /

post, giving full details of the amounts and reasons thereof, forming

part of the Settlement, to the Independent Driver Service Provider.

The Independent Driver Service Provider shall make payment of the

amounts mentioned in the Settlement to Truckinzy within 7 (seven)

days from the date of receipt of such Settlement details. If the

Independent Driver Service Provider fails or refuses to make payment

in respect of such Settlement within such seven 7 (seven) days,

Truckinzy shall have the right thereafter without any reference to the

Independent Driver Service Provider, to deduct the amounts

mentioned in the Settlement details from the Subscription Amount. If

the Subscription Amount is insufficient to meet the Settlement amount,

then the balance shall be recoverable forthwith from the Independent

Driver Service Provider by Truckinzy .

EXHIBIT-D

ELIGIBILITY

CRITERIA

i. The Independent Driver Service Provider must be competent to

contract within the meaning of the Indian Contract Act, 1872.

ii. The Independent Driver Service Provider must have a ‘Reserve Bank

of India KYC compliant’ bank account.

iii. The Independent Driver Service Provider must not be convicted of

any offence for the preceding 10 years.

iv. The Independent Driver Service Provider must be a man of good

repute and character and must never have been convicted of an

offence involving moral turpitude and that no warrant, summons, FIR

or any other process must have been initiated against or issued in

Driver Service Provider’s name by any court of law, Governmental

authority or law enforcement agency. Further, no proceeding must be

pending against the Independent Driver Service Provider regarding

and neither have Independent Driver Service Provider been

convicted of (a) driving under the influence of drugs or alcohol or (b)

any cognizable offence under the Code of Criminal Procedure, 1973,

including

fraud, sexual offences, use of a motor vehicle to commit cognizable

offence, or of any crime involving property damage, theft, acts of

violence, or acts of terror.

v. The Independent Driver Service Provider must have identity proof and

commercial driving license as required under the Motor

Vehicles Act, 1988 and the rules made there under

The Independent Driver Service Provider must provide identity proofs

and commercial driving licenses in respect of the drivers proposed to be

used for the Driver Services and as required under the Motor Vehicles

Act, 1988 and the rules made thereunder.