Registration on and use of the platform

We provide the Platform on which you may discover the Users and may choose to provide services on your own by means of Vehicles, in accordance with terms and conditions agreed between users who request for and/ or avail such services (“Users”) and the Driver.
Tomatrip may collect Driver Information (defined below) at the time of onboarding of the Driver, to establish the identity of the Driver. Tomatrip reserves the right to store, process, access and use the Driver Information for business purposes and needs, background check, verification, marketing, service, development, analytics, research, and any other purpose as Tomatrip may deem fit and in accordance with Tomatrip's Privacy Policy and applicable law. The Driver hereby expressly consents to such collection and use of Driver Information.
Subject to applicable laws, Tomatrip may provide to a third party, governmental agency, judicial body, any Driver Information or information relating to the Captain, if there is a complaint, dispute or conflict, including any accident involving a Driver on one hand and end-consumer, or a third party on the other hand.
“Driver Information” shall mean and include any personal data or Information collected from the Driver, including know your customer documents, copies of valid government-issued vehicle registration certificate, mobile number, bank account details, vehicle insurance copy, driving license, identity proof, residence proof, location data, proof of ownership of Driver's’ Vehicle and any other Information that Tomatrip may deem fit.
By using the Platform, you authorize Tomatrip, whether directly or indirectly through third parties, to collect information about you including Driver Information, or make any inquiries necessary to validate your identity including background checks, in accordance with our Privacy Policy. Please read the Privacy Policy to understand how we collect, process and share your information, including Driver Information, personal information and sensitive personal data or information (collectively, “Information”).
When you provide any Information to Tomatrip, you will provide only true, accurate, current, and complete Information. You understand and acknowledge that the responsibility to provide correct Information, including your contact information, bank account details etc., lies solely with you. We will not be responsible to verify the accuracy of the Information provided by you.
To use the Platform, you should be eligible as per the onboarding criteria and provide such documents as requested by Tomatrip (from time to time) as per applicable law and Tomatrip’s internal policies, and ensure continued compliance with the same.
Particularly, you represent, warrant and covenant to Tomatrip that:
You have at least 2 years of driving experience;
No proceeding is pending against you regarding and neither have 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, in the past 3 years; and You have cleared and have no pending challans applicable to the Vehicle prior to integration with the Platform. You must register on the Platform and create an account on the Platform (“Your Account”) by providing accurate Information as sought during the registration process.


By using this Platform, the Driver agrees to:

(a) Not authorize others to use Your Account on the Platform;
(b) Not assign or otherwise transfer Your Account to any other person or legal entity;
(c) Not use the Platform for unlawful purposes, including but not limited to sending or storing any unlawful material or for fraudulent purposes;
(d) Not consume alcohol or drugs, or be under the influence of drugs or other illegal substances, prior to or during the provision of services. Tomatrip has a zero- tolerance policy in respect of use of drugs, alcohol, intoxicants or other illegal substances, by any Driver and the Users can report any such behaviour to Tomatrip and strict action will be taken by Tomatrip including but not limited to suspension of your services/ Your Account while under investigation and termination;
(e) Not impair the proper operation of the network/ Platform and will not use any device, software, routine, file or other tool or technology, which includes any viruses, trojan horses, worms, time bombs or cancelbots, intended to damage, interfere with or affect functionality or operation of the Platform, to surreptitiously intercept or expropriate any system, data or information in connection with the content hosted/ available on the Platform, or to affect the operation of any other websites or the internet;
(f) Not take any action that imposes an unreasonable or disproportionately large load on the infrastructure associated with the Platform, including but not limited to denial-of-service attacks, “spam” or any other such unsolicited overload technique;
(g) Not try to harm the Platform in any way whatsoever;
(h) Not copy, or distribute any content on the Platform without written permission from the Company; and
(i) Not use the Platform with an incompatible or unauthorized device.

The Driver will not do the following :
License, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Platform in any way;
Modify or make derivative works based upon the Platform;
Create internet “links” or “frame” or “mirror” any application on any other server or wireless or internet-based device; or
copy any ideas, features, functions or graphics of the Platform, or
launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Platform.
PAYMENT TERMS
The Company has the discretion to charge subscription fees from the Driver in consideration for the Platform provided by Tomatrip, as updated on the Platform from time to time, which will be subject to applicable taxes. Driver will receive payments for services rendered to Users directly from Users.
Once you and the User have agreed on the fee and confirmed it on the Tomatrip App, it will form a binding contract between you and the User for the services agreed to be provided by you to the User from the User’s chosen pick up location to their chosen drop location.
Tomatrip display an estimated price range based on market rates that apply to the route and approximate distance the Users have chosen on the Platform which you may use as guidance for you to quote or accept the offer price. However, Tomatrip makes no guarantee or warranty with respect to the accuracy or reliability of the price displayed and is merely provided for guidance.
Driver may levy on the Users cancellation fee, refund, or other charges including applicable taxes in connection with the services. These charges, fees, and any other payments owed by User to the Captain or owed by the Driver to User are part of the contractual arrangement between User and the Driver for the services and are required to be settled between User and the Driver.
TOMATRIP UNDERTAKINGS:
By using this platform All Driver's and Borewell Contractor's has to provide their original Documents for onboarding
Borewell contractor's should plan his drilling schedule's without any delay on booking day If Borewell contractor has cancelled the booking due to unplanned schedules charges will be apply
In relation to your use and access of the Platform or for availing the Services, you represent, warrant, and provide the following undertakings:
For the purposes of registration/creation of an account on the Platform, you confirm that you are 18 years of age. The Service is not available for use by persons under the age of 18. You may not authorize third parties to use Your Account (defined below), and you may not allow persons under the age of 18 to receive Services through Driver unless they are accompanied and/or overseen by you. However, you agree to take full responsibility for the use of Services by such minors including in respect of ensuring their safety while availing such Services and Tomatrip will not be responsible or liable for any consequences arising from the same.
If the Company becomes aware or it acquires credible knowledge that you have misled us regarding your age, then the Company reserves its rights to deactivate the account and you will not be liable to raise any claims including any insurance from the Company.
These Terms impose valid and legally binding obligations on you and are enforceable against you. You confirm that you neither have had any insolvency proceedings against you nor have you ever been adjudicated insolvent by any court or other authority.
You are not restricted by any legal, regulatory, judicial, quasi-judicial or other authority, to access the Platform or avail the Services, including to enter into transactions contemplated for availing the Services. You agree to use the Services only for purposes that are permitted by these Terms and in accordance with applicable laws.
By using the Platform or the Services, you authorize Tomatrip, whether directly or indirectly through third parties, to collect information about you or make any inquiries necessary to validate your identity, in accordance with our Privacy Policy. Please read the Privacy Policy to understand how we collect, process, and share your information, including personal information and sensitive personal data or information (collectively, “Information”).
Further, we may ask you for Information or documents that will allow us to reasonably identify you, requiring you to take steps to confirm your right over your email address or financial instruments, or verifying your Information against third party databases or through other sources. We reserve the right to terminate, suspend, or limit access to the Services in the event we are unable to obtain or verify this Information.