SLT – muve DRIVER SERVICE AGREEMENT
All SLT muve drivers are requested to read this Agreement and keep it for future reference. Please read these terms carefully, as they constitute a legal agreement between you and SLT muve.
Your use of the SLT muve platform and its services constitutes a legally binding agreement to these terms. You are strictly prohibited from using this service if you do not agree with all the terms and conditions stipulated below.
You also agree that you enter in to this agreement of service out of your own free will and untrammeled choice and you recognize and accept the responsibility and risk for using the Website and software.
You agree without any reservations that SLT muve at its discretion, may terminate and/or deny you access to the services at any time and that SLT muve may amend these terms and conditions at any time and your continued use of the service after the amendment will constitute as consent.
By using the SLT muve Website and App software you agree to fully accepting the terms, conditions and disclaimers contained in this notice.
Kindly note that the terms and Conditions present the "General Conditions" applicable to the use of services offered by SLT muve, either through the site http://www.muve.lk
, application software for mobile phone handset (app) or phone (in addition to the "SLT muve Website")
SLT muve reserves the right to remove (temporarily or permanently) or change the Website or any part of it without notice and you confirm and agree that http://www.muve.lk
shall not be liable to you for any such change or removal.
Amendments will be effective upon SLT muve’s posting of such updated Terms at this location or in the amended policies or supplemental terms on the applicable Service(s). Your continued access or use of the Services after such posting shall be deemed to be your acceptance of any and all such changes and amendments and confirms your consent to be bound by the Terms, as amended.
You will not use the SLT muve Website for any purpose that is unlawful or prohibited by these terms and conditions. By using the Website and the corresponding SLT muve App and applicable software you are fully accepting the terms, conditions and disclaimers contained in this notice.
If you do not accept these Terms and Conditions, you must immediately stop using the SLT muve Website and all software and Apps belonging to SLT Digital Info Services (Pvt) Ltd under the trade name SLT muve For the ride sharing business.
Disclaimers and Limitation of Liability
The Website is provided on an AS IS and AS AVAILABLE basis without any representation or endorsement made and without warranty of any kind whether expressed or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. To the extent permitted by law, http://www.muve.lk
or sltmuve app will not be liable for any indirect or consequential loss or damage whatsoever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website or SLT muve app. http://www.muve.lk
makes no warranty that the functionality of the Website will be uninterrupted or error free, or that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive. http://www.muve.lk
does not guarantee that the system will be available without any interruption and that it will always be error-free, and therefore, SLT muve shall not be liable for any damages caused to users.
Links to Third Party Websites
The Website - http://www.muve.lk
may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that SLT muve is not responsible for the content or availability of any such sites. Further, SLT muve does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website http://www.muve.lk
or otherwise relating to such materials or on any sites linked to this site.
Intellectual Property Rights
All copyright, trademarks and all other intellectual property rights for the trade name, brand name and the mark SLT muve along with Website and the SLT muve App and corresponding software and its content (including without limitation the Website design, text, graphics, Logos, content and all software and source codes connected with the Website) are owned by or licensed to SLT Digital Info Services (Pvt) Ltd underhttp://www.muve.lk
or otherwise used by http://www.muve.lk
as permitted by law. In accessing the SLT muve Website, you fully agree that you will access the content solely for your personal, non-commercial use.
Settlement of Disputes
By agreeing to the Terms, you agree that you are required to resolve any claim that you may have against SLT muve on an individual basis in upon consultation with SLT muve. This will preclude you from bringing any class, collective, or representative action against SLT muve, and also preclude and prohibit you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against SLT muve by someone else.You and SLT muve agree that any dispute, claim or controversy arising out of or relating to (a) these Terms or the existence, breach, termination, enforcement, interpretation or validity thereof, or (b) your access to or use of the Services at any time, whether before or after the date you agreed to the Terms, will be settled through mutual negotiation between you and SLT muve, and failing such mutual negotiation within a period of one month, shall be settled through courts of Sri Lanka.
Driver Partner Requirement and Conduct
The SLT muve Service is not available for use by persons under the age of 18. You shall not authorize third parties to use your Account. You shall not assign or otherwise transfer your SLT muve driver Account to any other person or entity. You agree to comply with all applicable laws when accessing or using the Services, and you shall only access or use the Services for lawful purposes and shall not use the service for any illegal activities including but not limited to transportation of drugs, fire arms, ammunitions, bombs, transportation of illegal items or hazardous materials). You may not in your access or use of the Services cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider or any other party. In such circumstances you may be asked to provide proof of identity or other method of identity verification to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity or other method of Driver partner identity verification.
Provision of Transportation Services
When your SLT muve Driver App is active in the foreground or background, you will receive notifications when a User is requesting for transportation. Upon acceptance of the User’s request, you will receive additional information that will be used to identify the User; name and pickup location. If the User has entered the selected destination when placing the request, the SLT muve Driver App will feed the destination chosen by the User. Otherwise, the Rider will notify you, the Driver of their destination upon pick-up. Additionally, upon acceptance of the User’s request, the SLT muve App may also provide identifiable information about you to the user, such as your first and last name, telephone number, photo, real-time location and your vehicle’s make and registration number. You will not contact any Users, or use their information supplied by the App for any other purposes other than to provide transportation services as requested by the User. You will be solely responsible for determining the most effective and efficient route when carrying out the Services in accordance with the App. You will also ensure safety to the User, yourself, as well as pedestrians and other road users. As a Driver, you agree that all necessary tools and equipment required in carrying out the Services will be provided and purchased solely at your own expense.
Your Relationship with Users
With the exception of SLT muve and its Affiliates, your execution to this agreement creates a legal and direct business relationship between you and the User. SLT muve and its affiliates will not be held responsible or liable for any actions or inaction of a User in relation to you, your activities, or your vehicle. You are solely responsible for any obligations or liabilities to Users or third parties that arise during and from your provision of the Services. You will also be solely responsible in ensuring adequate insurance that meets all applicable laws in relation to acts or omissions of a User or third party. SLT muve and its Affiliates may release your contact and insurance information if reasonably requested by the User/Rider(s). Other individuals, except for the User, that are authorized by the User are to be allowed inside your vehicle. Additionally, User(s) will be transported directly to their elected destination, as directed by the User. You shall not make any unauthorized stops or interruptions, unless requested by the User. The SLT muve platform is strictly not available for use by persons under the age of 18. Therefore it is mandatory that any user/ rider(S) under the age of 18 must be accompanied by a responsible adult at all times.
By agreeing to the Terms, you agree that you are required to resolve any claim that you may have against SLT muve on an individual basis in arbitration, as set forth in this Arbitration Agreement. This will preclude you from bringing any class, collective, or representative action against SLT muve, and also preclude and prohibit you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against SLT muve by someone else. You and SLT muve agree that any dispute, claim or controversy arising out of or relating to (a) these Terms or the existence, breach, termination, enforcement, interpretation or validity thereof, or (b) your access to or use of the Services at any time, whether before or after the date you agreed to the Terms, will be settled by binding arbitration between you and SLT muve, and not in a court of law.
Your Relationship with SLT muve
SLT muve’s provision to you of the Driver App and services creates a legal and indirect business relationship between you and SLT muve. SLT muve shall not be deemed as having direct or indirect control in your performance in relations to any acts or omissions. SLT muve will not be liable for the operation and maintenance of your vehicle. Additionally, via the Driver App, you have the sole right to accept or decline or ignore a requested made by the User, or to cancel an accepted request before 2 minutes due to an unavoidable circumstance. Except for the nominated vehicle used to perform the Services, you will not display SLT muve’s or its Affiliates’ names, logos or colours on any other vehicles, or wear uniform or clothing displaying SLT muve’s or its Affiliates names, logos or colours. As a Driver, you have complete discretion to provide services or otherwise engage in any business or employment activities including but not limited to working with other ridesharing companies. If you violate this agreement, or act in way that causes harm to SLT muve or its Affiliates’ brand reputation or business, SLT muve retains the right to, at any time at SLT muve ’s sole discretion, deactivate or otherwise restrict you from accessing or using the Driver ID, Driver App and/or the SLT muve Services and this Agreement shall stand terminated forthwith.
SLT muve will in no way tolerate any form of discrimination, harassment or abuse. It is wholly unacceptable to refuse to provide or accept services based on a person’s race, cast, religion, national origin, disability, sexual orientation, appearance, marital status, gender identity, age or any other characteristic protected under applicable Sri Lankan law.
SLT muve always seeks to act according to the principles of fairness, honesty, integrity and respect and thus expects you to do the same. We fully expect our driver partners to uphold these principles and act in accordance with these values. Any type of offensive or abusive language, verbal abuse and swearing, Loud and intrusive conversation, Unwanted or abusive remarks, Negative, malicious or stereotypical comments, unreasonable behavior, Invasion of personal space, physical assaults, intimidation, Stalking, threats or risk of serious injury to a passenger or fellow SLT muve driver partner, and/or engaging in sexual conduct while using the SLT muve platform will cause your contract to be immediately terminated. It is the duty of each SLT muve driver partner to be mindful of personal space and personal boundaries and under no circumstances should any driver ever touch other riders or drivers without consent. SLT muve would like to emphasize that there is to be no sexual relationship between drivers and riders regardless of the circumstances. It is the duty and responsibility of all SLT muve drivers to make your Riders feel safe by driving carefully at all times. Ensure that you follow road rules and drive in a manner that will enable you to prevent and/or predict dangerous situations. Following rules and regulations will enable you to give the user(s)/Rider(s) a positive overall experience. SLT muve will not tolerate Drivers who disregard the safety of the Riders as well as other Drivers and pedestrians. SLT muve has a strict zero-tolerance policy with regard to consuming Alcohol, Drugs and Smoking while on duty. While you are active on the SLT muve Driver App, you are strictly prohibited from consuming any form of alcohol, drugs or intoxicants. In order to ensure the comfort and well-being of fellow Drivers and Riders, smoking is also strictly prohibited. Breaching any of the above will cause you to lose access to the SLT muve platform permanently.
Use of Mobile Phones
Whilst SLT muve understand that the use of mobile phones is an essential part of your service, you shall ensure that you only interact with the mobile device once the car is stationed and with the ignition turned off. Once moving, you shall not access mobile device violating the local laws. Fines and charges for breach of laws in respect of using mobile phones whilst driving will result in the driver’s access to our services be disabled and/or terminated.
It is the responsibility of every SLT muve driver partner to make every reasonable effort to return any lost items in your vehicle. It is unacceptable to require additional payment to return an item to a rider; which may result the Driver loosing access to the SLT muve platform. If an item is found in your vehicle belonging to a SLT muve rider and you are unable to contact the User/Rider, you are requested to contact the SLT muve customer care either via phone, E-mail or live chat and inform immediately regarding the lost item.
Riders Travelling with Assistance Animals
The driver has the right to refuse any animal entry into the vehicle which is not an assistance animal.
The User will be prompted by the SLT muve App to provide a rating at their own discretion based on the Services that they have received. Users can also provide comments or feedback about the services provided by you. You, as the Driver, in good faith, will also be prompted to provide a rating of the User, and optionally, provide comments about the User. As a Driver, you must maintain an average rating that is higher than the minimum rating as specified by SLT muve. The minimum rating is subjected to amendments/ changes by SLT muve and its sole discretion. SLT muve will provide you with at least 14 days of notice if the minimum rating is to be increased in the location that you are registered to. SLT muve will notify you if your rating falls below the minimum average rating specified by SLT muve, and at its sole discretion, may provide you with a period of time to raise your rating above the minimum allowable rating. SLT muve reserves the right to deactivate your access to the Driver App and the SLT muve Services if you fail to increase your rating within this time. Failure to accept consecutive rider requests will cause the app to assume the driver is not working and so they will be logged off until the driver logs in and thus confirms they are ready again to accept fares. Repeated failure to accept rides or constantly cancelling Rides after accepting can cause SLT muve to terminate or suspend your contract as a last resort. SLT muve and its Affiliates reserve the right to use, share and display your rating as well as User ratings and comments in any manner in connection with the business of SLT muve and its Affiliates without attribution to you or your approval. SLT muve and its Affiliates are distributors, in which we are not obligated to prove or verify, and are not publishers of your ratings and User ratings and comments. SLT muve and its Affiliates reserves the right to edit or remove comments in the event that such comments include obscenities or other objectionable content.
You are solely responsible for the acquisition, cost and maintenance of your device as well as plan inclusions. SLT muve will not be held liable for fees or coverage costs relating to the use of your device and plan inclusion. SLT muve grants you personal, non-exclusive and non-transferable user right to download, install and use the SLT muve Driver App on your device solely for the purpose of performing the services. You shall not provide, distribute or share contents or data associated with the app with any third party. However, if you intend to nominate a substitute to drive your vehicle, that nominee must be eligible to provide transportation services and download SLT muve app separately. This is necessary as the nominee driver needs to be legally accepted as a provider of transportation and to be identified by the user and SLT muve.
Location Based Services
Geo-location information of your device must be provided to the SLT muve App in order to perform the services. Additionally, your geo-location information will be monitored and tracked by the SLT muve App whilst logged in and made available to receive User requests. The approximate location of your vehicle will be displayed to the User before and during the provision of the services to the User. SLT muve and its affiliates also reserves the right to track, monitor and share your geo-location obtained by the Driver App and your device for safety, security, technical, marketing and commercial purposes, as well as to provide and improve their products and services.
You must at all time, hold and maintain a valid driver’s license with appropriate certification necessary to operate your vehicle. You must also hold all license, permits and authority necessary to the provision of commercialized passenger transportation to third parties. You must also possess appropriate and current expertise and experience to professionally provide transportation service with due skill, care and diligence. You may also be subjected to certain background and driving record checks from time to time, as the discretion of SLT muve, in order to qualify and remain eligible to provide transportation services. SLT muve reserves the right to restrict, deactivate, or terminate your access to the Driver App, and usage of your Driver ID, in the event of failure to meet the necessary requirements set forth.
Your vehicle shall be at all times, properly registered and licensed to operate as a passenger transportation vehicle as specified by applicable laws. The vehicle must also be owned or leased to you, is in your possession by law or by written authority from owner. The vehicle must be suitable to perform transportation services, and is maintained in good operating condition, consistent with industry safety guidelines and regulations.
As proof of compliance with these requirements as set out above, you must provide SLT muve with certified copies of all necessary licenses, permits, approvals, authority, registrations, and certifications prior to providing any services. You must also notify SLT muve immediately in the event of future updates and/or changes to such documentation. Additionally, SLT muve reversed the right to request, or be entitled to request written evidence of such documents endorsed by a Justice of peace or notary public.
Fare Calculation and Your Payment :
As a Driver, you are entitled to charge a fare to each service completed to a request made by the User via the SLT muve service. The fare is calculated by the base amount, which is the minimum, plus distance traveled as determined by location-based services enabled on your device. You are also entitled to charge Users for any Highway tolls or fees incurred in the provision of the services. You may also appoint SLT muve as the limited payment collection agent solely for the purpose of accepting fares, tolls, taxes, and fees, from the User on your behalf via the payment processing system facilitated by SLT muve. Payments made by a User to SLT muve shall also be deemed as a payment made directly to you. Additionally, between you and SLT muve, the parties acknowledge and agree that the Fare is a recommended amount and that the primary purpose of pre-arranged Fare is to act as the default amount in the event you do not negotiate a different amount. As a Driver, you shall always retain the right to charge a fee that is less than aFare, or negotiate a Fare that is lower than the pre-arranged Fare, (herein referred to as the Negotiated Fare). SLT muve shall consider all such requests from you in good faith. SLT muve agrees to remit to you, every Wednesday on a weekly basis(finalize the payment pattern); the Fare deducting the applicable Service Fee and other fees charged by SLT muve; toll expenses; incentive payments; and taxes.
Changes to Fare Calculation
SLT muve reserves the right to change the method in which Fares are calculated at any time based on local market factors. In the event of such changes, SLT muve will provide you with notice regarding these changes to the recommended Fare. Additionally, continued use of
SLT muve Services after the change in Fare calculation shall constitute as your consent to the changes.
SLT muve will act as the mediator of disputes and could encourage the driver to give a refund or otherwise provide some response to the rider. Ultimately if a driver has multiple complaints made against him or her, or acted unreasonably in relation to complaints, SLT muve could terminate the contract because misconduct by the driver brings SLT muve business into disrepute.
Merchant Fees and Credit Card Fees
All prices are shown excluding merchant fees. Merchant fees as at…………3%……) and are payable when payments are made through MasterCard or Visa. Merchant fees will not form part of your payment. Kindly refer to the our website for more information on driver payments.
You shall pay SLT muvea service fee on a per transportation Services transaction basis calculated as a percentage of the fare, regardless of whether the fare was negotiated. SLT muve will notify you of these Service Fees via email, or otherwise made available electronically by SLT muve. Additionally, if applicable, SLT muve shall calculate the Service Fee based on the fare inclusive of taxes. SLT muve also reserves the right to change the Service Fee any time based on local market factors. SLT muve will provide you with 7 days of notice in the event of such change is to be made. Additionally, in the event of such changes, you have the right to terminate the agreement immediately, without notice. Continued use of the SLT muve Services after the change shall constitute your acceptance to the changes.
Users/ Riders may elect to cancel requests for transportation that have been accepted by you via the SLT muve Driver App any time prior to your arrival. In such instances, SLT muve may charge the User/ Rider a cancellation fee on your behalf. As the Driver, you reserve the right to charge a fee that is lower than the cancellation fee. This fee is to be deemed as the Fare for the cancellation fee and is to be remitted to you. The cancellation fee is a recommended amount and serves as the default amount in the event that you do not negotiate a different amount.
Incorrect Payments and Transactions
You hereby agree that you will be liable and required to pay SLT muve back for any payments made to you that is higher than the actual amount, regardless of the circumstances leading up to the incorrect payment. SLT muve will also remit your payments in the event that the fees paid to you are lower than the actual amount.
SLT muve will also facilitate for the delivery of receipts to Users for the Transportation Services completed. Upon completion for a User/ Rider, SLT muve will prepare and issue receipts to the User via email on your behalf. You may also access these receipts via email or via the online portal available to you. These receipts will include the breakdown of amounts charged to the User/Rider and may include specific information about you, including your name, contact information, photo, as well as the route taken. Any amendments or corrections to a User’s receipt must be submitted to SLT muve in writing within three (3) business days after the completion for the services. SLT muve will not be held liable for any mistakes if notices are not given within this period of time.
No Additional Amounts
SLT muve and its Affiliates may seek to attract new Users to increase the use of SLT muve Services. By entering into this agreement, you hereby agree that such advertising or marketing does not entitle you to any additional monetary amounts beyond the amounts expressly set forth in this agreement.
You are solely responsible for the completion of all tax registration and obligations related to your provision of Transportation Services as required by applicable laws. You will also provide SLT muve with all relevant tax information if and when required. You further acknowledge that you are solely responsible for your own taxes arising from the performance of Transportation Services. Notwithstanding anything to the contrary in this Agreement, SLT muve may in its reasonable discretion based on applicable tax and regulatory considerations, collect and remit taxes resulting from your provision of Transportation Services and/or provide any of the relevant tax information you have provided directly to the applicable government tax authorities on your behalf or otherwise.
SLT muve may also make an incentive payment(s) to you as consideration for your satisfaction of certain conditions as determined by SLT muve at its discretion.
SLT muve may charge other fees in addition to the Service Fee and will notify you at least 14 days before implementing such fees. Continued use of the SLT muve Services after the implementation of the new fees shall constitute as consent to these changes. If SLT muve provides notice of an intention to impose a fee under this clause, you have the right to terminate the agreement immediately without notice.
PROPRIETARY RIGHTS & LICENSE
SLT muve hereby grants you, your nominated drivers or substitutes a non-exclusive, royalty-free, non-transferable, non-sub licensable, non-assignable license, during the term of this agreement, to use the Driver App in relation to the provision of Transportation Services.
Regarding your license, you shall not allow any other party to; license; sublicense; sell; resell; transfer; assign; distribute or otherwise provide or make available to any other party the SLT muve Services or Driver App in any way. You shall not modify the SLT muve Services or Driver App. Improperly obtaining data from the SLT muve Services or Driver App is also prohibited. You shall not allow any unauthorized parties’ access to the SLT muve Services or Driver App with the purpose to design or develop a competitive or substantially similar product or service.
The SLT muve Services and data, including all intellectual property rights, shall remain the property of SLT muve and/or its respective licensors. This Agreement and your use of the SLT muve Services, Drive App or SLT muve Data does not grant you to any rights related to them, except for the limited license granted above. Additionally, SLT muve and its Affiliates’ licensors’ names, logos, products and service names, trademarks, service trademarks, including SLT muve, and in combination with other letters, punctuation, words, symbols and/or designs and the SLT muve logo, shall remain the property of SLT muve, its Affiliates and their respective licensors.
Between you and SLT muve, you acknowledge that in performing Transportation Services, SLT muve and you may have access to, or may be exposed to, directly or indirectly, confidential information of the other party. Confidential information includes SLT muve Data, Driver IDs, User Information, and the transaction volume, marketing, business plans, financial, technical, operational and other non-public information of each party. Parties involved shall reasonably know if the information provided should be treated as confidential.
Parties involved shall agree that all confidential information shall remain the exclusive property of the disclosing party, and such information shall not be used for any other purpose except under guidelines as set in this agreement. Parties involved shall not disclose confidential information of the other party to any third party, except to its employees, officers, contractors, agents and service providers as necessary to perform the Service, provided these persons are bound by writing to obligations of confidentiality and non-use of confidentiality information no less protective than the terms hereof. Parties involved shall also return, or destroy all confidential information of the disclosing party upon termination of this Agreement or at the request of SLT muve.
Confidential information shall not include any information to the extent it is included or become part of the public domain through no act or omission on the part of the receiving party, or was in the procession of the receiving party prior to the date of this Agreement without and obligation of confidentiality, unless information is required to be disclosed by law, court order, subpoena or governmental authority, provided the receiving party notifies the disclosing party thereof and provides the disclosing party a reasonable opportunity to contest or limit such disclosure.
Subject to applicable laws, v or any of its Affiliates may provide to a third party information, including personal data and SLT muve Data, about you, provided; there is a complaint, dispute, conflict or accident between you and a User/Rider; it is necessary to enforce the terms of this Agreement; it is required by law; or to protect the safety, rights, property or security of SLT muveT or any of its Affiliates. Additionally, SLT muve and its Affiliates may also disclose information about you in order to detect, prevent, or address fraud, security or technical issues, and/or prevent or stop activities SLT muve and its Affiliates deems as illegal, unethical, or legally actionable. You understand that SLT muve or any of its Affiliates may retain your personal data for legal, regulatory, safety and other necessary purposes after this Agreement is terminated.
Prior to entering a business relationship with SLT muve, you must obtain the insurance coverage required at your sole cost and expense. You must also agree to review the terms and conditions of such coverage to ensure that it provides the amount of coverage required while you are using a vehicle to provide transportation services. It is your sole responsibility to inform your insurer of the use of your vehicle while providing these services and the minimum requirement is compulsory third party insurance coverage.
You shall maintain, during the term of this Agreement, all vehicles operated by you under this Agreement, automotive liability insurance that provides coverage and protection against bodily injury and property damage to yourself, your passengers and third parties, at the level that satisfy minimum requirements to operate a private passenger vehicle on the public roads. You must provide SLT muve a copy of the insurance policy, declarations, proof of insurance identification card and proof of premium payment for the policy upon request. In the event of cancellation of insurance policy, you must immediately provide SLT muve with written notice. SLT muve shall not interfere with your decision or selection of your insurance policy. You must be a named insured or individually rated driver for which the premium is charged to.
You are not an employee, or a worker, or a deemed worker for the purposes of any workers compensation laws. Therefore, SLT muve is not required to maintain or provide you with workers’ compensation insurance or maintain other occupational accident injury insurance on your behalf. If permitted by law, you may insure yourself against work-related injuries in place of workers’ compensation. You can also elect not to insure yourself against work-related injuries at all, however, please proceed at your own risk.
If you have any questions or concerns about the scope of your own insurance coverage, it is your sole responsibility to resolve them with your insurer(s).
In the event of SLT muve and/or its Affiliates procure insurance in direct relation to your provision of Transportation Services, SLT muve may cancel such coverage and its discretion at any time. You shall promptly notify SLT muve of any accidents that occur whilst providing Transportation Services and cooperate to provide all necessary information.
Representations, Warranties & Disclaimers
You hereby represent and warrant that you have full power and authority and are of a sound mind, good memory and judgment to enter into this Agreement and perform your obligations. You shall not enter, or have already entered, and during the term, will not enter into other agreements that would prevent you from complying with this Agreement. You shall comply with all applicable laws whilst performing Transportation Services, including permits, licenses, registrations and all governmental authorizations.
Disclaimer of Warranties
This clause applies only to the maximum extent permitted by applicable law and does not (and is not intended to) override any rights that you have according to applicable law. SLT muve and its Affiliates provide, and you accept, the SLT muve Services and Driver App on an "as is “basis. SLT muve and its Affiliates do not represent, warrant or guarantee that your access to or use of the SLT muve Services or the Driver App will be uninterrupted or error-free, or will result in any requests for Transportation Services. SLT muve and its Affiliates function as an on-demand lead generator and related service only. SLT muve and its Affiliates make no representations, warranties or guarantees as to the actions or inactions of the Users who may request or receive Transportation Services from you, and SLT muve and its Affiliates do not screen or otherwise evaluate Users. By using the SLT muve Services and Driver App, you hereby agree to be introduced to a third party, including Users that may pose harm or risk to you or other third parties. You are advised to take reasonable precautions with respect to interactions with third parties encountered in connection with the use of the SLT muve Services or Driver App. With the exception of the appointment of SLT muve as the limited payment collection agent on your behalf for the purpose of accepting payment from Users, SLT muve and its Affiliates expressly disclaim all liability for any act or omission of you, any User or other third-party.
No Service Guarantee
This clause applies only to the maximum extent permitted by applicable law and does not (and is not intended to) override any rights that you have according to applicable law. SLT muve and its Affiliates do not guarantee the availability or uptime of the SLT muve Services or Driver App. You hereby agree that the SLT muve Services or Driver App may be unavailable at any time and for any reason, such as scheduled maintenance or network failure, etc. In addition, the SLT muve Services or Driver App may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications, and SLT muve and its Affiliates are not responsible for any delays, delivery failures or other damages, liabilities or losses resulting from such problems.
Generally, you shall indemnify, defend, SLT muve’s option, and hold SLT muveT and its Affiliates and their respective officers, directors, employees, agents, successors and assigns from and against any and all liabilities, expenses, including legal fees, damages, penalties, fines, social security contributions and taxes arising out of or related to your breach of your representations, warranties or obligations in this Agreement; or a claim by a third party (including Users, regulators and governmental authorities) directly or indirectly related to your provision of Transportation Services or use of the SLT muve Services. Your liability under this clause shall be reduced proportionately if, and to the extent that, SLT muve and its Affiliates proved to have directly caused or directly contributed to any such Losses.
You shall comply with all of your obligations under tax laws to the extent applicable to this Agreement. You shall indemnify SLT muve and its Affiliates from all tax liabilities, duties, levies, claims and penalties that may be imposed on you or on SLT muve and/or its Affiliates as a result of your failure to comply with any of your tax obligations. The indemnity set out in this clause serves as a purpose to prove to a judicial body or legislative authority of competent jurisdiction that there is an employment relationship between you and SLT muve or an Affiliate of SLT muve, and only applies to that proportion of SLT muve’s liability that directly or indirectly relates to or arises from you holding yourself out to be an employee of SLT muve or any of its Affiliates, or any other act or omission by you that is not expressly authorized by SLT muve and would reasonably suggest to a third party that you are an employee of SLT muve or any of its affiliates.
Fines and Infringement Notices
You hereby agree that SLT muve will not be liable for any fines and/or infringements arising from violation of any traffic laws. You are solely responsible for the settlement of all fines and/or infringements.
Limits of Liability
This clause applies only to the maximum extent permitted by applicable law and does not override any rights that you have according to applicable law. SLT muve and its Affiliates shall not be liable under or related to this Agreement for any of the following, whether based on contract, tort or any other legal theory, even if a party has been advised of the possibility of such damages: any incidental, punitive, special, exemplary, consequential, or other indirect damages of any type or kind; or your or any third party’s property damage, or loss or inaccuracy of data, or loss of business, revenue, profits, use or other economic advantage.
Except for the obligations on SLT muve, or an Affiliate of SLT muve, to pay amounts due to you, but subject to any limitations or other provisions contained in this agreement, in no event shall the liability of SLT muve and/or its Affiliates under this Agreement exceed the amount of Service Fees actually paid to or due to SLT muve within the six (6) month period immediately preceding the event giving rise to such claim.
You shall also acknowledge and agree that any and all claims you have or may have against SLT muve and/or its Affiliates should be notified toSLT muve and/or its Affiliates within one (1) year After the event(s) that gave rise to such claim, and that you forfeit all rights in respect of that claim if you fail to do so. These limitations do not purport to limit liability that cannot be excluded under applicable law.
Term and Termination
This Agreement shall commence on the date that the Agreement is executed by you (electronically or otherwise) and shall continue until terminated.
Either party may terminate this Agreement; without cause at any time upon thirty (30) days prior notice to the other party; immediately, without notice, for the other party’s material breach of this Agreement; or immediately, without notice, in the event of the insolvency or bankruptcy of the other party, or upon the other party’s filing or submission of request for suspension of payment (or similar action or event) against the terminating party. In addition, SLT muve may deactivate or otherwise restrict you from accessing or using the Driver ID, Driver App and/or the SLT muve Services immediately, without notice, in the event you no longer qualify, under applicable law or the standards and policies of SLT muve and its Affiliates, to provide Transportation Services or to operate the Vehicle, or as otherwise set forth in this Agreement.
Effect of Termination
Upon termination of the Agreement, you shall immediately delete and fully remove the Driver App from Your Device(s). Any outstanding payment obligations shall survive the termination of this Agreement.
Relationship of the Parties
Except as otherwise expressly provided herein with respect to SLT muve acting as the limited payment collection agent solely for the purpose of collecting payment from Users on your behalf, the relationship between the parties under this Agreement is solely that of independent contractors. The parties expressly agree that: this Agreement is NOT an employment agreement, nor does it create an employment relationship, including from a labour law, tax law or social security law perspective, between SLT muve and/or its Affiliates and you; and no joint venture, partnership, or agency relationship exists between SLT muve and/or SLT muve’s Affiliates and you.
You hereby agree that you have no authority to bind SLT muve and/or its Affiliates and you undertake not to hold yourself out as an employee, agent or authorized representative of SLT muve and/or its Affiliates. Where, by implication of mandatory law or otherwise, you may be deemed an employee, agent or representative of SLT muve or an Affiliate of SLT muve, you undertake and agree to indemnify, defend (at SLT muve’s option) and hold SLT muve and its Affiliates harmless from and against any claims by any person, entity, regulators or governmental authorities based on such implied employment, agency or representative relationship. You expressly agree that where required or implied by applicable law or otherwise, you may be deemed an employee, agent or representative of SLT muve or an Affiliate of SLT muve, any payments made to you will be taken to be inclusive of superannuation contribution amounts; and amounts equivalent to all taxes (including but not limited to income taxes) payable by you in respect of those payments, in each case that SLT muve (or any of its Affiliates) may otherwise be required to pay under applicable law. You hereby expressly acknowledge and agree that by agreeing to the terms and conditions of this Agreement you intend to perform Transportation Services and, as such, SLT muve may, based on information provided by you and/or third parties, consider you to be registered for ride sharing service in accordance with applicable Sri Lankan laws.
These terms and conditions are governed by the law of Sri Lanka and associated parties will irrevocably submit to the jurisdiction of the courts in Sri Lanka.
Maintain cordial relationship with SLT muve
Drivers shall ensure that they shall at all times maintain cordial relations in their dealings in an exemplary manner with SLT muve and shall not engage in any activity that would tarnish the reputation, goodwill of SLT muve. .Drivers herby undertake and warrant that they shall not engage in any strike action or any activity that would clause the business of SLT muve to suffer In the event of any loss or damage being caused to SLT or a disruption being caused to the business or damage or loss being caused to any other person due to an act of commission or omission or negligence of the Driver as a result of its behavior, SLT may appoint a committee of persons to inquire into same and to determine compensation and the finding of such committee shall be final and conclusive. It shall be incumbent on the Driver to pay compensation as determined by such committee.
Obligations of the driver
i). The Driver shall perform the Services to the highest professional standards.
ii). Driver shall not use the services for any illegal, terrorists, immoral, unlawful activities that would harm the security of the country and general public as a whole.
iii). The Driver shall have sole responsibility for taking the necessary steps to obtain any permit , insurances or license required for performance of the Services under the laws and regulations in force where the services assigned to it are to be executed.
iv). Driver shall not use the services for the transportation of drugs, fire arms, ammunitions, bombs, transportation of illegal items or hazardous materials).
v). The Driver shall ensure that in performing the Services they will be properly equipped and the vehicles are in good order and working condition Driver has the qualifications and experience required for the execution of the service.
vi). The Driver is an Independent Contractor and this agreement does not create in any manner or for any purpose whatsoever an employer-employee or principle- agent relationship between the SLT muve and the driver. The driver is not authorized to enter into any contract/agreement for or on behalf of SLT muve to create any obligation or responsibility, expressed or implied for or on behalf of SLT muve, or bind SLT muve in any manner or form whatsoever without the SLT muve’s written consent.
The Driver shall not have had no previous convictions by a Court of Law.
x). The driver shall be responsible for any loss or damage caused to SLT muve for a disruption caused to the business of SLT muve or any damage or loss caused to a third party or third party property due to an act of commission or omission or negligence of driver and at all times ensure the good behavior, efficiency and good conduct to carry out the services including but not limited to the following:
a). Abstain from taking liquor and drugs while carrying out the services.
b). Provide Services as set out in this agreement.
c). Perform their work in an efficient and diligent manner which shall be of satisfactory standard as undertaken by the driver.
d). Refrain from disclosing information which has come to their knowledge during their work at SLT muve.
e). Refrain from damaging or misusing SLT muve propert.
f). Refrain from doing any terrorist, illegal activity.
xi). Not sublet or assign the services to any other company or to a third party without the prior written consent of SLT muve.
xii). Driver shall at all times maintain cordial relations in their dealings in an exemplary manner with SLT muve and affiliates of SLT.
xiii). In the event of receiving any complaint by SLT muve relating to the conduct of the Driver , Driver shall be solely responsible for the disciplinary control and shall rectify the same at its earliest.
xiv). The driver shall at all times have a sound knowledge on the services performed and expected by SLT muve and shall ensure that the Services are performed with a higher degree of quality and competency to the full satisfaction of SLT muve.
xv). The Contractor shall in the course of performance of the services hereunder comply with all applicable laws rules & regulations and shall keep SLT muve indemnified of any liability claim, cost or obligation arising against SLT muve from a third party.