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.
(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.