Bykea and Transport Provider where necessary are referred to individually as “Party” and collectively as “Parties”
a. The Transport Provider provides vehicles transportation services in Pakistan.
b. Bykea has developed and operates a software platform (the “Bykea Platform”) which matches Transport Providers with Users (defined below) seeking transportation of themselves and their parcels from one location to another, using the Bykea mobile and web application (the “Bykea App”).
c. The Transport Provider is desirous to register with and use the Bykea Platform to connect with Users and service requests for transportation received via the Bykea Platform.
a. “Applicable Laws” means all applicable federal, provincial and local laws, statutes, regulations, rules, orders, court rulings, administrative pronouncements, supervisory pronouncements, supervisory requirements, directors, circulars, opinions, interpretive letters and any other official and legally binding release of any applicable governmental authority;
b. “Users” means natural persons who have installed and/or use the Bykea App on a compatible device and have completed the registration process to establish a Bykea user account;
c. “Vehicle” means a driver driven motorcycle, car, van, truck or a rickshaw consisting of the vehicle model types used by the Transport Provider
d. “Confidential Information” means all business, customer, financial, billing, business model and technical information or any information marked by the Bykea as confidential or any information which a reasonable person would understand to be confidential;
e. “Drivers” means natural persons engaged by the Transport Provider who have installed the Bykea App on a compatible mobile device and who provide Driving Services on behalf of the Transport Provider;
f. “Driving Services” means the Vehicle transportation services provided by the Transport Provider and its Drivers to Users connected through the Bykea Platform;
g. “Group” means in relation to any person, that person and any company which is from time to time a subsidiary or holding company of that person or a subsidiary of any such holding company;
h. “Losses” means all losses, liabilities, damages, fines, towing and impound fees, liens and claims, and all related costs, expenses and other charges suffered or incurred as a result of or in connection with a claim (including reasonable attorneys’ fees, court costs and disbursements at trial or on any appeal, reasonable costs of investigation, litigation, settlement and judgment, and any taxes, fines, interest and penalties with respect to any of the foregoing;
i. “Security Company” means a security company which will conduct detailed background verification and security checks of: (i) all Drivers and (ii) the owners of the Transport Provider;
j. “Trip” means a trip from one geographic point to another geographic point taken on request from a User via the Bykea Platform; and
k. “Usage Fees” means the fees charged to the Users for using the Bykea Platform.
b. The Parties understand and acknowledge that Driving Services requested by Users via the Bykea Platform are to be provided by the Transport Provider and that Bykea does not, directly or indirectly, provide any transportation or logistics services.
3. Conditions for Use of Bykea Platform
a. The Transport Provider will provide Driving & Delivery Services in Pakistan to Users based on requests made by Users via the Bykea Platform.
b. The Transport Provider will possess sufficient number of vehicles and Drivers in order to effectively fulfill ride requests from Users in a timely fashion.
d. The Transport Provider will cooperate with any Security Company in all material respects. Only Drivers who have been successfully screened and approved by an applicable Security Company will be engaged/employed by the Transport Provider with respect to the provision of Driving Services.
e. The Transport Provider will be exclusively responsible for maintenance of the Vehicles, and will maintain the same such that they are suitable in all material ways for performing the Driving Services; and in good operating condition. The Transport Provider will be responsible to obtain, at its own cost, a full vehicle inspection of each of its Vehicles from a service provider pre-approved by Bykea at least once in every calendar year.
f. The Transport Provider will purchase, and maintain, at its own cost, for the term of this Agreement, commercial vehicle comprehensive insurance in Pakistan with respect to its Vehicles and its Drivers in accordance with Applicable Laws provided by an insurance company which has been pre-approved by Bykea.
g. The Transport Provider will transport, and will procure that its Drivers will transport Users, their parcels and cash safely to their required destination without accident, collision, harassment or injury.
h. The Transport Provider represents and warrants that it has the full power and authority to enter into, execute and deliver this Agreement and to perform the Driving Services hereby contemplated.
i. The Transport Provider represents warrants and undertakes that this Agreement constitutes a legal, valid and binding obligation on it, enforceable in accordance with its terms.
j. The Transport Provider represents and warrants that it has read and understood this Agreement (with the help of independent legal counsel) and agrees to comply with the same in every material aspect.
k. The Transport Provider represents and warrants that the execution, delivery and performance of this Agreement and the provision of Driving Services contemplated hereby will not: (i) conflict with or result in any material breach or violation of any of the terms and conditions of, or constitute a default under, any instrument, contract or other agreement to which it is a party or by which it is bound; (ii) violate any order, judgment or decree against, or binding on, it and (iii) violate any corporate documents or Applicable Laws.
l. The Transport Provider represents warrants and undertakes that it will perform its obligations under this Agreement in compliance with all Applicable Laws.
m. The Transport Provider represents, warrants and undertakes that each Driver it has authorized to perform Driving Services in connection with this Agreement holds and will maintain all required permits, licenses and other governmental authorizations necessary for conducting, carrying out and continuing the Driving Services, including a valid driver’s license from the jurisdiction in which the Driving Services are being provided, and all expressly required commercial licenses, if any, required by Applicable Laws.
n. The Transport Provider represents, warrants and undertakes that each Driver it authorizes to perform Driving Services in connection with this Agreement has and will maintain a valid policy for the appropriate liability insurance and such other insurances as are considered market practice in the relevant jurisdiction (all in industry standard coverage amounts) for the provision of Driving Services as contemplated in this Agreement, and not less than the minimum coverage amounts required by Applicable Laws.
o. The Transport Provider represents, warrants and undertakes that each Driver it authorizes to perform Driving Services under this Agreement will only provide such Driving Services in a vehicle that (i) is suitable in all material ways for performing the Driving Services contemplated by this Agreement; (ii) is kept in good operating condition and meets the industry safety standards for a vehicle of its kind in the relevant jurisdiction; (iii) is lawfully operated by the applicable Driver and (iv) complies with relevant regulations issued by the transportation authorities in Pakistan.
4. Obligations of Bykea
a. Subject to the terms and conditions of this Agreement, Bykea grants the Transport Provider and/or the Driver a non-exclusive, non-transferable, non-assignable license to register with and use the Bykea Platform for the provision of the Driving Services. It is acknowledged and agreed by the Transport Provider that Bykea reserves the right, in its sole discretion to deactivate the Transport Provider’s registration or otherwise restrict access to or use of the Bykea Platform.
b. Bykea will, through the Bykea Platform, provide the Transport Provider in advance with certain information relating to each Trip request from a User, including pickup time, pickup location, type of vehicle and driver required, name and contact number of the User.
d. Prohibit Users from misusing the Vehicles or using the Vehicles for any illegal purposes and (ii) require Users to comply with Applicable Laws. For the avoidance of doubt, Bykea and the Transport Provider agree that Bykea will not be liable in any manner for the acts of Users.
e. Bykea may provide insurance for Transport Provider to cover personal hospitalization, motor third party liability insurance and a mobile phone cover for the duration of the use of the Bykea Platform
f. Bykea may provide two helmets and a jacket to Transport Providers that may be to Bykea returned if Transport Provider ceases to use the Bykea Platform
5. Transport Provider Fees and Payment Mechanics
a. The Transport Provider shall have the right to charge fees to Users, with such fees being displayed on the Bykea App from time to time (the “Transport Provider Fees”). Bykea acknowledges and agrees that the Transport Provider may decide at its sole discretion to vary use of the Transport Provider Fees at any time.
b. Bykea will charge a separate Usage Fee relating to the Bykea Platform to be paid by Users (the “Usage Fee”). Where a User pays for a Trip with a cash payment, the Transport Provider will collect the Usage Fee on behalf of Bykea and ensure the same is delivered to Bykea.
c. With respect to any cash payment made by a User, the Transport Provider hereby authorizes Bykea to provide a receipt to such User for and on behalf of the Transport Provider in order to affect the relevant transaction and the Parties hereto have the right of set-off with respect to the foregoing.
d. The Transport Provider will be responsible for any taxes or charges payable with respect to the pricing requirements.
e. Bykea may, at its sole discretion, provide an interest free loan to the Transport Provider, depending on various factors including but not limited to the performance of the Transport Provider.
The transport provider also expressly agrees that any payments to the Transport Provider by Bykea shall be treated as an interest free loan with terms and conditions that may be communicated to the Transport Provider.
a. any breach by the Transport Provider of its obligations under this Agreement
b. any act of negligence, willful misconduct or fraud by the Transport Provider and
c. any act or omission of any Driver.
a. The Transport Provider agrees that it (and its Drivers and sub-contractors) will treat all information concerning Bykea and its Group and all information concerning Users which has been provided to it pursuant to the terms of this Agreement as Confidential Information and will not, except as provided in this Agreement, disclose, use or permit the disclosure or use of such information to any third party.
b. The Transport Provider further agrees that a breach of this provision would cause Bykea to suffer irreparable harm and damage that could not be adequately remedied by payment of monetary damages and therefore, in addition to monetary damages and other legal remedies, the Transport Provider agrees that Bykea will be entitled to obtain equitable and injunctive relief as may be necessary to restrain any threatened, continuing or further breach by the Transport Provider.
c. The restrictions referred to above will not apply to any Confidential Information to the extent that such information: (i) is already known to the Transport Provider (ii) is in or comes into the public domain otherwise than as a result of any breach of this Agreement or (iii) is required to be disclosed by law.
8. General terms
a. All notices, requests, demands, or other communications with respect to this Agreement will be in writing and will be deemed to have been given or made when delivered to an authorized representative of the relevant Party to whom the communication is addressed.
b. Bykea may assign, notate or otherwise transfer its rights and obligations under this Agreement (in whole or in part) in accordance with Applicable Laws. The Transport Provider will not have the right to assign, notate or otherwise transfer its rights and obligations under this Agreement in any way. This Agreement will be binding on and inure for the benefit of the respective permitted assigns and successors in title of the Parties hereto.
c. No waiver of any provision of this Agreement will be effective unless specified in writing and signed by the relevant Party waiving such provision. Any failure or delay in exercising any rights, power or privilege in this Agreement will not operate as a waiver, nor will any single or partial exercise preclude any other further exercise. Except where this Agreement provides otherwise the rights and remedies contained in this Agreement are cumulative and not exclusive of the rights or remedies provided by law.
d. This Agreement will take effect on the date hereof. Subject to the below, this Agreement will be automatically renewed for successive one-year periods.
e. Any modifications or amendments to this Agreement will be in writing and signed by both Parties.
f. This Agreement may be terminated without cause by either party on fifteen (15) days written notice to the other party. This Agreement may be terminated at the option of Bykea without notice in the event of: (i) a breach of any term of this Agreement by the Transport Provider or (ii) the Transport Provider’s negligence, wilful misconduct or fraud.
g. Clauses 6, 7 and 8 shall survive the termination of this Agreement and shall continue to apply in full force and effect.
h. Bykea will not be liable to the Transport Provider for any indirect or consequential losses (including loss of profit, opportunity and goodwill). The aggregate liability of Bykea under or in connection with this
i. Agreement is limited to unpaid amounts in respect of Driving Services performed by the Transport Provider and its Drivers in accordance with this Agreement.
j. The recitals at the beginning and the Appendices at the end will be read as an integral part of this Agreement. If any provision of this Agreement is adjudged by a court of competent jurisdiction to be unlawful, void, or unenforceable such provision will to the extent required be severed from this Agreement and rendered ineffective as far as possible without modifying the remaining provisions of this Agreement and will not in any way affect any other circumstances or the validity or enforcement of this Agreement. All clauses of this Agreement which either are expressed to survive or which by implication are intended to survive termination or expiry of this Agreement will continue to survive notwithstanding termination or expiry of this Agreement.
k. This Agreement may be executed in any number of counterparts which together will constitute one agreement.
l. This Agreement together with all the Appendices, constitutes the entire agreement and understanding between the Parties hereto, and supersedes any previous representations, negotiations and agreements (whether oral or written) on the subject matter.
m. This Agreement is governed by the laws of Pakistan.
n. Any dispute arising out of or relating to this Agreement including its existence, interpretation, performance or termination will be submitted to the exclusive jurisdiction of the Courts of.
o. I have watched BYKEA’S DRIVER TRAINING VIDEO and have agreed and understood to Bykea’s SOP’s and terms and conditions
p. Document Retrieval Process, Upon submission of request the process takes 24-48 hours from the time of submission
IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be executed by its duly authorized officer, in each case as of the date first written above.