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PLEASE ENSURE THAT YOU READ AND UNDERSTAND THIS SERVICE LEVEL AGREEMENT BEFORE YOU USE MEDCAB APPLICATIONS. If you continue to browse and use our website and mobile apps, you are agreeing to comply with and be bound by the following Service Level Agreement that govern the relationship between MedCab, Med-Cab Care Private Limited, India, Lucknow, hereinafter referred to as "MedCab", and you, hereinafter referred to as "Partner/Driver".
2. The parties hereto agree as follows:MedCab provides ambulance services for the purpose of providing lead generation to medical transportation service providers. MedCab receives requests from the users of MedCab various applications such as the website, mobile apps, phone calls and other means. MedCab transfers these requests to the authorized medical transportation provider/ "Partner/Driver". The "Partner/Driver" seeks, receive and fulfil the requests provided to them from MedCab.
2.2The "Partner/Driver" acknowledges and agrees that MedCab is only a technology platform to provide various medical transportation services through its Partners who are independent third-party contractors not employed by MedCab and that MedCab does not provide transportation services or function as a transportation carrier or operate as an agent for the transportation of passengers.
3.MedCab and the "Partner/Driver" mutually agree to be bound by the following terms and conditions set forth (electronic or otherwise) in this Agreement.
4. Definitions 4.1"Driver" means a principal, agent, employee or contractor of the Partner who: (a) fulfils the then-current MedCab requirements to be an active driver using the MedCab services; (b) is authorized by MedCab to access the MedCab services to provide medical transportation services on behalf of the Partner or on own account, as the case may be; and (c) is verified by the Partner (except when acting on own account) and whose names are forwarded to MedCab by the Partners for passing off the leads to them directly.
4.2"Users" means a customer end user, not being a minor (under the age of 18 years), of the various applications of MedCab like the website, the mobile application and call centre numbers, for the purpose of obtaining transport services offered by MedCab’s medical transportation "Partner/Driver". If the User is below the age of 18 (eighteen) years, he/she shall read these terms with their parent or legal guardian, and in such a case these terms shall be deemed to be a contract between MedCab and User’s legal guardian or parent and to the extent permissible under applicable laws, enforceable against the User. We reserve the right on a case-by-case basis to demand documented proof that User’s parent or legal guardian's consent has been granted.
4.3"Vehicle" means any vehicle owned, leased or hired by the Partner that: (a) fulfils the then-current MedCab requirements for an ambulance on the MedCab platform; and (b) is authorized by MedCab for use by a Driver for the purpose of providing medical transportation services on behalf of the Partner.
5. Partner/Driver Relationship with UsersPartner acknowledges and agrees that Partner's provision of medical transportation services to Users creates a legal and direct business relationship between Partner and the User, to which MedCab is not a party, MedCab is not responsible or liable for the actions or inactions of User in relation to the activities of Partner, its Driver or of any Vehicle. Partner shall have the sole responsibility for any obligations or liabilities of Users or third parties that arise from its provision of medical transportation services on MedCab platform. Partner acknowledges and agrees that they and their Drivers are solely responsible for taking such precautions as may be reasonable and proper (including maintaining adequate insurance and necessary papers that fulfills the requirements of all applicable laws) regarding any acts or omissions of a user or third party. Partner/Driver shall be solely responsible for not having the necessary papers and details of the vehicle and any outcome including fine, penalty, damages, etc. arising from such action. Partner/Driver shall bear all the costs for not complying any law applicable at that time. Partner acknowledges and agrees that MedCab may release / disclose the contact and/or insurance information of Partner and/or a Driver to a User upon such User's reasonable request. Partner acknowledges and agrees that, unless specifically consented to by a User, neither Partner nor Driver may transport or allow inside any Vehicle, individuals other than a User and any individuals authorized by such User during the performance of Medical Transportation services for such User. Partner acknowledges and agrees, and shall ensure that its Drivers agree, that all Users should be transported directly to their specified destination, as directed by the applicable User, without unauthorized interruption or unauthorized stops.
5.2Partner/Driver is free to take any action against the User in case any dispute but not limited to misbehave, destroying or damaging the vehicle or non-payment of the agreed amount, etc. arises between them. MedCab shall not be responsible in any manner whatsoever for any dispute arising between the Partner/Driver and the User and MedCab shall be indemnified by the parties. MedCab at its sole discretion shall assist the Partner/Driver in all reasonable manners at every level.
6. Partner’s Relationship with MedCabPartner acknowledges and agrees that MedCab’s provision to Partner of the various applications (like website, mobile app, calls etc.) of MedCab and the MedCab’s services creates a legal and direct business relationship between MedCab and Partners. Partner shall be an independent contractor of MedCab and this agreement shall not be deemed and understood to create any relationship of agency, partnership or joint venture between MedCab and Partner. The Partner shall not represent the same to any third party for any reason whatsoever. MedCab is not and shall not be deemed to be in direct control of the Partners or its Drivers generally or in their performance under this agreement specifically. MedCab has no concern to any of the operations of the Partner's business, the transportation services, the acts or omissions of the Driver of the operation and maintenance of any Vehicle. Partners and its Drivers retain the sole right to determine when and for how long each of them will utilize the services of MedCab. Partners and its Drivers have the option to enter in to the contract with MedCab or to leave it however once they choose to leave the agreement, they surrender all their rights to use the name of MedCab in any way or to use any such information or logo or the nameplate to indicate that they are still connected with MedCab. The Partner entering into this contract with MedCab retains the complete right to provide medical transportation services to its existing customer Users, the conditions of this contract shall be valid only if the Partner or the Driver of the Partner uses the leads provided by various applications of MedCab. MedCab retains the right to, at any time in sole discretion, to deactivate or otherwise restrict customer Users or any Driver from accessing or using the services of MedCab in the event of a violation of this agreement, or by any act of the Partner or the Driver’s act or omission that causes harm to MedCab’s brand, reputation or business as determined by MedCab in its sole discretion. MedCab also retains the right to deactivate or otherwise restrict Partner or any Driver from accessing or using the services or the various applications of MedCab for any other reason at the sole and reasonable discretion of MedCab along with recovery of damages from the Partner.
7. Partner’s Relationship with MedCabPartners shall have the sole responsibility for any obligation or liability to Drivers that arise from its relationship with its Drivers (in the capacity of agent, employee, and contractor or otherwise) including but not limiting to (including provisions of medical transportation services). Partners acknowledges and agrees that it exercises sole control over the Drivers and will comply with all applicable laws (including tax, social security, insurance and employment laws, etc.) governing or otherwise applicable to its relationship with the Drivers. Partner acknowledges and agrees that it is at all times responsible and liable for the acts and omissions of its Drivers vis-à-vis Users and MedCab and Partner shall ensure that the Driver is compliant with all applicable laws.
7.2A Partner acknowledges and agrees that: (a) after receiving medical transportation services, a User will be prompted by MedCab's various applications to provide a rating of such transportation services and Driver and, optionally, to provide comments or feedback about such transportation services and Driver; and (b) after providing medical transportation services, the Driver may be prompted by MedCab's various applications, optionally, to provide rating, comments or feedback about the user. MedCab shall instruct all Drivers to provide ratings and feedback in good faith.
8. Drivers and Vehicles Requirements(a)hold and maintain (i) a valid Driver's license with the appropriate level of certification to operate the Vehicle assigned to such Driver, and (ii) all licenses, permits, approvals and authority applicable to customer and/or driver that are necessary to provide customer medical transportation services to third parties in the territory; (iii) A valid third-party insurance and a valid pollution certificate.
(b)Possess the appropriate and current level of training, expertise and experience to provide medical transportation services in a professional manner with due skill, care and diligence, he should be in a neat and clean attire and maintain a good level of hygiene; and
(c)wear mask, maintain social distancing, keep sanitizer and regularly sanitize the vehicle, specially the parts like door handles, dashboard, gear shifter, key fob, steering wheel, external touch points; and all government guidelines regarding prevention of COVID-19 must be followed.
(d)Maintain high standards of professionalism, service and courtesy. Partner acknowledges and agrees that each Driver may be subject to certain background and driving record checks from time to time in order for such driver to qualify to provide, and remain eligible to provide, and remain eligible to provide, medical transportation services. In addition, if Partner and/or Driver are using the MedCab's various applications to provide medical transportation services in conjunction with operating a taxi ("taxi services") such Partner and/or Driver shall comply with all applicable laws with respect thereto. Partner acknowledges and agrees that MedCab reserves the right, at any time in MedCab's sole discretion, to deactivate or otherwise restrict a Driver from accessing or using its platform of services or the MedCab services if customer User or such Driver fails to fulfill the requirements set forth in this agreement.
8.2 Vehicle RequirementsPartners acknowledges and agrees that each Vehicle shall at all times be: (a) properly registered and licensed to operate as a patient medical transportation vehicle in the territory; (b) owned or leased by Partner, or otherwise in Partner's lawful possession; (c) suitable for performing the patient transportation services contemplated by this agreement; and (d) maintained in good operating condition, consistent with industry safety and maintenance standards for an Ambulance of its kinds and any additional standards or requirements in the applicable territory, and in a clean and sanitary condition. The Partner is solely responsible for any costs for mechanical failure due to usage of Vehicle for providing services on MedCab platform. The Driver shall be responsible to inform the Partner in case of such mechanical failure during normal usage and MedCab shall have no onus for the same.
8.3.1 Partners acknowledges and agrees that each Driver shall at all times:To ensure Partner's and each of its Driver's compliance with all requirements in sections as above, Partners must provide MedCab with written copies of all such licenses, permits, approvals, authority, registrations and certifications prior to Partner's and the applicable Drivers' provision of any transportation’s services. Thereafter, Partners must submit to MedCab written evidence of all such licenses, permits, approvals, authority, registrations and certifications as they are renewed. MedCab shall, upon request, be entitled to review such licenses, permits, approvals, authority, registrations and certifications from time to time, and Partner’s failure to provide or maintain any of the foregoing shall constitute a material breach of this agreement. MedCab reserves the right to independently verify customer’s and/or any Driver’s documentation from time to time to time in any way MedCab deems appropriate in its reasonable discretion and the charges incurred on that shall not be refundable or be adjusted.
9. Payment policy and Fare AdjustmentPartners acknowledges and agrees that each Driver shall at all times: MedCab reserves the right to change its fare/pricing policy from time to time. In particular, MedCab may at its sole discretion introduce new services and modify some or all of the existing services offered on MedCab platform. In such an event MedCab reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. All payments for the same shall be compulsorily in Indian Rupees acceptable in the Republic of India.
9.1.2Partners will get the prices for each individual instance of transport service request on MedCab mobile app. Partner reserves the right to accept the request or not. Partner is responsible for getting the payment from customer at completion of the service request i.e. at end of the journey.
9.1.3MedCab reserves the right to (i) make adjustments in the Fare for certain cases of giving inappropriate medical transportation services which causes loss to the User or to the MedCab for instance Drivers taking long routes, the Vehicle is not as per the standards, Driver not following proper instructions provided to him, inordinate delay in providing the services. (ii) cancel the Fare for a particular instance of transportation services (e.g., A User is charged for transportation services that were not provided or in the event of a User complaint, fraud, etc.) MedCab’s decision to reduce or cancel the fare in any such manner shall be exercised in a reasonable manner.
9.2Partners irrespective of they are the members of any category or not need to maintain non-refundable minimum balance, as defined by MedCab, in their account to get business from MedCab. Not having the minimum balance may attract penalty or any charges be imposed by MedCab at its sole discretion.
9.3MedCab reserves the right to charge a penalty of 0-20% of total fare amount to Partner in case of cancellation or delay in providing the medical transportation services after accepting a booking.
9.4MedCab reserves the right to define and charge penalties for inappropriate services provided by the Partner and MedCab’s decision in determining inappropriate services shall be final and binding on the Partner, Driver and/or User. The set of inappropriate service actions and the corresponding penalties will be communicated to Partners through email or SMS or MedCab's mobile app notification. MedCab will do due diligence to ensure the occurrence of inappropriate service. MedCab reserves the right to take the final decision on this and to update the inappropriate service actions and penalties from time to time.
9.5MedCab reserves the right to take proper and suitable action as per the laws applicable wherein the grave offences like sexual harassment is either reported or found. MedCab does not entertain any demand of compensation or else unless MedCab examine the situation in an independent manner and on case-to-case basis. However, MedCab shall always endeavour to provide healthy and conducive environment.
10. Membership 10.1MedCab reserves the right to offer memberships to Partner at any price. All fees for membership are payable in advance of the provision of the service and are non-refundable.
10.2MedCab DOES NOT GUARANTEE any minimum number of ambulance bookings, increase in leads or any sales as a result of your purchase of membership. It's just provision for a better chance of accepting ambulance bookings for a member Partner compared to a non-member Partner.
10.3MedCab reserves the right to add, remove, update or modify features of memberships or define various types of memberships and to modify the website(s), without notification to you.
10.4You will receive the membership for the period of time identified at the time of purchase. MedCab reserves the right to terminate the membership at any time and refund you for fees for the remaining period of membership.
11. TaxesThe Partner acknowledges and agrees that it is required to: (a) complete all tax registration obligations and calculate and remit all tax liabilities related to the provision of medical transportation services as required by applicable law; and (b) provide MedCab with all relevant tax information (including a valid GST number belonging to Partner and/or any Driver by applicable law). Partner further acknowledges and agrees that Partner and each of its Drivers are responsible for taxes on their own income arising from the performance of medical transportation services. Notwithstanding anything to the contrary in this agreement, MedCab may in its reasonable discretion based on applicable tax and regulatory considerations, collect and remit taxes resulting from Partner's and/or any Driver's provision of transportation services and/or provide any of the relevant tax information pertaining to the Partner directly to the applicable government tax authorities on Partner's and/or the applicable Driver's behalf or otherwise.
12. Intellectual PropertyThe MedCab services, MedCab logo, MedCab website, MedCab mobile application and MedCab data, including all other intellectual property rights therein, and the MedCab devices are and shall remain the property of MedCab. Neither this agreement nor Partners' use of the MedCab services, its Various applications or MedCab Data, conveys or grants to Partner any rights: (a) in or related to the MedCab services, its various applications or MedCab Data, except for the limited license granted as above; or (b) to use or reference in any manner MedCab’s company names, logos, product and service names, trademarks, service marks or other indicia of ownership. Additionally, Partner acknowledges MedCab rights in its MedCab family of trademarks and names, including MedCab, alone and in combination with other letters, punctuation, words, symbols and/or designs. Partner agrees it will not, and it will ensure that its Drivers do not, try to register or otherwise claim ownership in any of the MedCab marks and names, alone or in combination with other letters, punctuation, words, symbols and/or designs, or in any confusingly similar mark or name. Partner and/or Driver shall not (i) reproduce, modify or prepare derivative works of applications of MedCab; (ii) decompile, reverse engineer or dissemble the services of MedCab; except as may be expressly permitted by MedCab.
13. TermThis agreement shall commence of the date that the agreement in any format is executed by Partner (electronically or otherwise) and shall continue until terminated as set forth herein.
14. TerminationEither party may terminate this agreement: (a) without cause at any time upon seven (7) days prior notice to the other party; (b) immediately, without notice, for the other party's material breach of this agreement; or (c) 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, MedCab may terminate this agreement or deactivate customer or a particular Driver immediately, without notice, with respect to Partner and/or any Driver in the event Partner and/or any Driver, as applicable, no longer qualifies, under applicable law or the standards and policies of MedCab, to provide medical transportation services or to operate the Vehicle, or as otherwise set forth in this agreement.
15. IndemnityPartner/Driver agrees to indemnify and hold MedCab and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) MedCab’s use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Providers.
16. JurisdictionThe terms shall be construed in accordance with Indian law and the parties hereby submit to the exclusive jurisdiction of the courts of Delhi, India to settle any disputes which may arise in connection with the terms of this agreement. Any dispute, claim or controversy arising out of or relating to these Service Lever Agreement or the breach, termination, enforcement, interpretation or validity thereof or the use of the Site, the Service or the Application (collectively, “Disputes”) the parties shall attempt to settle the same amicably, through negotiation and consultation at such offices of MedCab as MedCab may designate. In the event the dispute is not resolved internally between after at least 30 (thirty) days of negotiation, in good faith, the same shall be subject to binding and final arbitration in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time or in case the Arbitration and Conciliation Act, 1996 is no longer in force, as per any law relating to arbitration in force at the time of such reference. Each party to the dispute shall appoint arbitrator each and the two Arbitrators shall appoint the third or the presiding Arbitrator. The venue and seat of the arbitration shall be Lucknow, Uttar Pradesh, India. Subject to the above, any Dispute will be subject to the exclusive jurisdiction of courts in Lucknow, Uttar Pradesh, India.
17. Disclaimer, Limitation of Liability and IndemnityTHE SERVICES, CONTENT AND ANY THIRD-PARTY CONTENT ARE PROVIDED BY MEDCAB ON AN “AS IS” BASIS AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, MEDCAB MAKES NO WARRANTY THAT (I) THE WEBSITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS OR YOUR USE OF THE WEBSITE OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (II) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR SERVICES WILL BE EFFECTIVE, ACCURATE OR RELIABLE; (III) THE QUALITY OF THE WEBSITE OR SERVICES WILL MEET YOUR EXPECTATIONS; OR THAT (IV) ANY ERRORS OR DEFECTS IN THE WEBSITE OR SERVICES WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MEDCAB OR THROUGH THE WEBSITE / CONTENT OR FROM USE OF THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
17.2MEDCAB SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF MEDCAB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MEDCAB SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY, EVEN IF MEDCAB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MEDCAB SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE OF SERVICES BY ANY THIRD PARTY OR ORGANIZATION. IN NO EVENT SHALL MEDCAB’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED RUPEES 100 (INR 100).
17.3YOU AGREE TO INDEMNIFY, DEFEND AND HOLD MEDCAB HARMLESS, INCLUDING ITS DIRECTORS, EMPLOYEES AND AGENTS FROM AND AGAINST ANY AND ALL LOSSES, LIABILITIES, CLAIMS, DAMAGES, COSTS AND EXPENSES (INCLUDING LEGAL FEES AND DISBURSEMENTS IN CONNECTION THEREWITH AND INTEREST CHARGEABLE THEREON) ASSERTED AGAINST OR INCURRED BY MEDCAB THAT ARISE OUT OF, RESULT FROM, OR MAY BE PAYABLE BY VIRTUE OF, ANY BREACH OR NON-PERFORMANCE OF ANY REPRESENTATION, WARRANTY, COVENANT OR AGREEMENT MADE OR OBLIGATION TO BE PERFORMED BY YOU PURSUANT TO THIS AGREEMENT OR PRIVACY POLICY. THE INDEMNITIES SHALL SURVIVE BEYOND THE PERIOD OF YOUR USAGE OF WEBSITE OR MEDCAB SERVICES.
18. Grievance OfficerIn accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:
Email: info@medcab.in Our Service level Agreement were last updated on June 29 , 2023.
