This Vendor Agreement (“Agreement”) is made at Mumbai on the accepted date (the “Start Date”).
Gurukripa Distributor Private Limited, carrying out business under the name MyBoatRide.com, a company registered under the Companies Act, 2013, having its registered office at 83/B Jolly Maker 1, , Cuffe Parade, Mumbai – 400 005 (‘the Company’), which shall be deemed to include its heirs, assigns and successors in interest, unless repugnant to the context, AND You, a company/ Individual, having its registered office as stated in the registration form (‘the Vendor’).
These Terms of Service ("Terms") constitute a legally binding agreement ("Agreement") between you and Gurukripa Distributor Private Limited (as defined below) governing your access to and use of the MyBoatRide website, including any subdomains thereof, and any other websites through which Gurukripa Distributor Private Limited makes its services available (collectively, "Site"), our mobile, tablet and other smart device applications, and application program interfaces (collectively, "Application") and all associated services (collectively, "MyBoatRide Services"). The Site, Application and MyBoatRide Services together are hereinafter collectively referred to as the “MyBoatRide Platform”. Our Guest Refund Policy, other Policies applicable to your use of the MyBoatRide Platform are incorporated by reference into this Agreement.
The above mentioned entities shall collectively be referred to as the ‘Parties’ and each, individually, shall be referred to as a ‘Party’, as the context may so require.
THE PARTIES HEREBY AGREE AND CONTRACT AS FOLLOWS:
- The Parties acknowledge and agree that this Agreement shall be in force from the Start Date.
- The Company represents that it runs an online marketplace for people to list, discover, and book water travel experiences around the world on a single platform. Whether a speed boat for a faster commute, a yacht for a luxurious experience, public transport for an economical holiday or just a fun ride, the connects people to unique travel experiences.
- The Vendor represents the following:
- It owns/Manages boat/s, that it is desirous of including on the platform of the Company for rent/recreation, in the manner as per the terms and condition outlined in this Agreement;
- It has full legal power and capacity to enter into and perform its obligations under this Agreement;
- Has taken all necessary licenses applicable to its business and is fully compliant with all applicable statutes and regulations, as amended from time to time;
- It shall at all times, maintain the boat(s) adequately, and conduct its business in an ethical manner.
- It shall, at all times, abide by the terms of this Agreement and any applicable subsequent interaction relating to this Agreement with the Company; and
- All the information and contents provided by it, as required, to the Company are true, correct and accurate.
- The Vendor wishes to register with the Company to display its boat(s) on the Company’s portal for water travel experiences, as mentioned in his online login to this Agreement.
- The Vendor shall be at liberty to amend the scope of services provided as per his online login of this Agreement, with prior intimation to the Company.
- The Vendor shall have the following documents for registration:
- Firm PAN Number (if applicable) and proof thereof;
- GST IN and proof thereof;
- CIN (if applicable) and proof thereof;
- Bank details of the Vendor; and
- Any other documents as may be deemed required by the Company, from time to time.
- The Vendor acknowledges upon registration it shall choose a particular policy in accordance with the Refund and Cancellation Policy of the Company, and shall abide by the terms and conditions of the same throughout the term of this Agreement.
- Flexible – This entitles the User to a 100 per cent refund, and MyBoatRide shall deduct 5 per cent from the User by way of a processing fee at the time of cancellation
- Moderate- This entitles the User to a 50 per cent refund and MyBoatRide shall deduct 5 per cent from the User and 5 per cent from the Vendor by way of a processing fee at the time of cancellation
- Strict- This entitles the User to no refund, and MyBoatRide shall apply a surcharge of 5 per cent from the User and 5 per cent from the Vendor by way of a processing fee at the time of cancellation
The above-mentioned policies of the Vendors shall automatically convert to ‘Strict’ (mentioned in point 7 above) 24 hours prior to the date of the particular booking by any Use, regardless of the initial policy chosen by the Vendors at the time of registration with the Website.
The Vendor agrees that if it provides any information or details to the Company, which is untrue, inaccurate, not current, or incomplete or the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current, incomplete, or not in accordance with the terms of this Agreement, the Company shall have the right to terminate this Agreement with immediate effect.
The Vendor acknowledges that at the time of registration, it shall mention the rental rates for its boat(s) on the portal of the Company, and shall have the discretion to change these rates at any time during the course of this Agreement.
The Parties agree that there are multiple ways in which a payment can be processed, including but not limited to NEFT, RTGS, cheque, credit card, debit cards, wallet and cash, and the Parties agree that the Company shall charge a commission minimum of 5% + GST upon the price quoted by the Vendor for the services, for every transaction through MyBoatRide.com.
- The Vendor shall be liable to cover all amounts designated as GST and the Company shall not be liable to cover any such amounts on behalf of the Vendor.
- The Parties can terminate this contract by delisting services from the website after honouring all customers whose booking have been taken. But would still hold all responsibilities of past rides.
- The Vendor agrees that entering into this Agreement with the Company is strictly not transferable in any manner.
- The Company acknowledges that at no point of time shall it hold any right, title or interest over the rentals that have been made by the Vendor nor shall the Company have any obligations or liabilities in respect of any contract or transaction entered into between the Vendor and buyer.
- The Company reserves the right to temporarily or permanently discontinue its Services to the Vendor for material breach or non-compliance of the provisions of this Agreement, at its own discretion.
- The Vendor agrees to indemnify the Company from all consequences, direct or indirect, that may arise as a result of any incident or dispute arising between any third party and the Vendor, connected with the provision of services as outlined in the online listing to this Agreement, or any amended services therefrom. Notwithstanding anything contained in this Agreement, the maximum extent of liability by the Company pertaining to a particular dispute shall be capped at the value of the commission of the Company on the transaction related to the dispute.
- The Vendor recognises that all the intellectual property associated with the portal of the Company belongs to third-party owners of the trademarks, logos and branding and the Vendor acknowledges that the Vendor does not have the right to use, modify, or claim any right in any of the intellectual property. The Vendor agrees to indemnify the Company in the event of any dispute between the Vendor and any third-party claiming right in any of the intellectual property associated with the portal.
- Each Party shall retain ownership of its intellectual property and data existing as of the Start Date and any derivative works, additions, modifications, translations or enhancements thereof created by a Party or its affiliates pursuant to this Agreement.
- The Vendor shall maintain the confidentiality of the Company’s sensitive information. All information shall be included within the scope of this clause that is learnt of in connection during the course of business carried out with the Company by the Vendor. Confidential Information may include, without limitation:
- the terms of this Agreement
- the Company’s business policies, finances, marketing and business plans;
- the Company’s financial projections, including but not limited to, annual sales forecasts and targets;
- sales information
- customized software, marketing tools, and/or supplies that the Vendor will be provided access to by the Company;
- the identity of the buyers
- the account terms and pricing upon which the Company obtains any services from other parties;
- the account terms and pricing of sales contracts between the Company and its clients;
- the names and addresses of the Company’s employees and other business contacts of the Company; and
- the techniques, methods, and strategies by which the Company develops, updates and markets its Services
- The Vendor shall not directly or indirectly divulge or make use of any Confidential Information outside of their association with the Company (so long as the information remains confidential) without the prior written consent of the Company. The Vendor shall not directly or indirectly misappropriate, divulge, or make use of any confidential information for an indefinite period of time. The Vendor further agrees that if they or any of their officials/directors/personnel/employees/associates are questioned about information subject to this Agreement by anyone not authorized to receive such information, the Vendor will notify the Company within 24 hours.
- The Vendor agrees to return all confidential information within three (3) calendar days following termination of this Agreement for any reason. To the extent the Vendor maintains any confidential information in electronic form on any computers or other electronic devices owned by it, the Vendor agrees to irretrievably delete all such information and to confirm the fact of deletion in writing within three (3) calendar days following termination of this Agreement.
Digitally accepted by the Vendor.
Digitally accepted by
Gurukripa Distributor Private Limited