SOHAYAK
Terms and Conditions
Effective Date: 10th MAY 2021
West Bengal, INDIA

The Company and the Driver/Owner shall individually be known as “Party” and collectively known as “Parties”

Effectual Relationship

These Terms of Use (“Terms”) govern the access or use by you, an individual, of applications, websites, content, products, and services (the “Services”) made available by Sohayak established in India, having its registered office at KHARDAH, NORTH 24 PARGANAS, KOLKATA 700117.

KINDLY READ ALL TERMS AND CONDITIONS CAREFULLY BEFORE USING THE SERVICES

When You access or Use the Services establish your agreement to be bound by these Terms, which establishes a contractual relationship between you and Sohayak. If you do not agree to these Terms, you may not access or use the Services.

WHEREAS

  • The Users and Parties have thought it expedient to enter into a formal agreement for the purpose of providing its ambulance services vide the Sohayak Mobile Application, subject to the terms and conditions as set out in this Agreement. here Terms, you may not access or use our Services.

  • The Company is primarily engaged in the business and services of providing an emergency medical vehicle/ambulance/ICU AMBULANCE/Funeral Car to an accident victim, sick or an injured person in a time bound manner and has created a software, "Mobile Application" (defined herein below)which will facilitate its User (defined herein below) to book an ambulance, track that vehicle and predict a time when it will reach the venue (hereinafter referred to as "Services") as Google map Location wise subjects availability of updated Map & Mobile Network.

  • The Driver/Owner is the ambulance provider who is either the owner of ambulance or is working under a contract of service for the owner of an ambulance and possess the requisite licenses and permits required under Law/Motor Vehicle Act.

NOW THIS AGREEMENT WITHNESSETH AND IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS:


1.DEFINITIONS:
  • “CONFIDENTIAL INFORMATION” shall include company data, driver/owner IDs, user information and the transaction volume, marketing and business plans, business, financial, technical, operational and such other non-public information of each party (whether disclosed in writing or verbally) that such party designates as being proprietary or confidential or of which the other party should reasonably know that it should be treated as confidential.

  • “Intellectual Property Rights” shall mean any proprietary right arising under all registered or unregistered Trademarks of the Company, trade names, logo, copyrights(including rights in computer software), designs, format rights, database right, know-how, trade secrets and the goodwill therein subsisting in the Sohayak Mobile Application and applications for any of the same and any right or forms of protection of a similar nature and having equivalent or similar effect to any of them which may subsist anywhere in the world.

  • “Law” means any applicable current or future, state, local or international law, rule, or government or quasi-government order or action or regulation.

  • "Sohayak" shall mean the mobile application developed and provided by Company that enables the Drivers/Owner to, receive requisitions from Users for Services and fulfilling the same on-demand, as may be updated or modified from time to time.

  • "Users" means an end user authorized by the Company to use the Apps for the purpose of obtaining the Services offered by the Drivers/Owners.

2.APPOINTMENT:

The Company hereby appoints the Driver/Owner to provide the Services in the territory of India, subject to the vehicle license provided by the RTO for a period of one (1) year (“Term”) commencing on the Effective Date of this Agreement and continuing until the appointment is earlier terminated in accordance with the provisions of this Agreement.

3.USER ACCOUNTS:

In order to use the Services, you must download and register in Sohayak. You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account. Upon execution of this Agreement, User must provide the following details to the Company:

  • Full name

  • Phone number

  • Email id

  • Photo

  • Date of Birth

  • Password

  • Location

  • SOS contacts (2)

DUTIES & OBLIGATIONS OF THE DRIVER/OWNER:

Upon execution of this Agreement, the Driver/Owner must provide the following details to the Company:

a)Basic Details:

  • Full name

  • Phone number

  • Email id

  • Password

  • Photo

  • Address

  • Associate hospital / Nursing home name

  • Pan card

  • Aadhar card

  • Bank account Details

b)Vehicle details:

  • Driving license

  • Vehicle type

  • Vehicle License number (plate number)

  • Vehicle registration certificate

  • Insurance

  • Road tax

  • Pollution certificate

  • Authority / Approval

4(1) Any failure to provide or maintain any of the foregoing shall constitute a material breach of this Agreement. The Company reserves the right to independently verify the Drivers/Owners documentation from time to time in any way the Company deems appropriate in its reasonable discretion.

4(2) The mobile/phone number provided by the Driver/Owner as mentioned in the aforesaid clause shall be that Driver's/Owners’ ID. Upon execution of this Agreement and commencement of Service, the Driver/Owner shall download the Sohayak App. Mobile Application shall provide all the requisite information in terms of User requests, User information, location, routes, approximate time, and fare or if any surcharge applicable from time to time etc.

4(3) There shall be no joining fees payable by the Driver/Owner to the Company. The Driver/owner shall switch on/Log in as per user id/mobile number & password the Mobile Application as and when he chooses to provide the Services to the Company, subject to clause 4.7. There shall be no commitment from either Parties until the Sohayak app is switched on. Upon receiving a request from the User for providing Services on Sohayak, the Driver/Owner shall accept the same provided he is available and provided the ambulance is the functional type as requested by the User. Upon acceptance, the Company shall provide the Driver/Owner with certain User Information via the Sohayak, including the User’s first name and pickup location. The Driver/Owner shall wait for the User to show up at the requested pick-up location. The Driver/Owner shall obtain the destination from the Sohayak Application, once the OTP Number is put in the Driver/Owner app

4(4) The Driver/Owner acknowledge and agree that once he has accepted a User’s request for Services, Sohayak may provide certain information about the Driver/Owner to the User, including first name, contact information, photo and location, and the vehicle’s type and license plate number and/or any other details as required. The Driver/Owner shall not contact any Users or use any User’s personal data for any reason other than for the purposes of fulfilling the Services.

4(5) The Driver/Owner further acknowledge and agree that:

  • He shall be solely be responsible for determining the most effective, efficient and safe manner to perform each instance of Services; and

  • He shall provide all necessary equipment, tools and other materials, at his own expense, necessary to perform the Services.

  • When driver is not there to (duty off) He must make himself offline from app.

  • Driver/owner always Maintain hygiene.

  • Oxygen cylinder (for ambulance) will be provided by the driver or owner of the ambulance. At least one oxygen cylinder and one helper/assistant (for AC and Non-ac Ambulance) and One doctor must be there in ambulance

  • If the ambulance is booked in cash mode, and patient party is refused to giving the billed amount to driver after the ride, Driver can complain to the company but can’t take any steps against company. Company will take care of the event and handle the situation. Driver will acknowledge the decision.

  • Driver age must be above 20 years.

  • Charges / ride fare made by the user and company commission paid by the owner is nonrefundable.

  • Company will not liable for any damages, lost data, personal injury or property damage related things.

  • Driver / Owner will have 24hrs to pay company commission after any successful and cancelled ride. Otherwise, particular car of the Owner / Driver will be in-active until the payment is done. Company can charge fine after 7days

  • No vehicles are allowed to avail Transportation service from Sohayak.

  • Company will take commission through online like DR/CR cards UPI etc.

  • Driver account can’t be inactive for 1 month. Otherwise, that account will be blocked by admin. Driver or Owner will submit all required documents to active the account

4(6) The Driver/Owner shall have the sole responsibility for any obligations or liabilities to Users or third parties that arise from provision of Services. The Driver/Owner acknowledges and agrees that he is solely responsible for taking such precautions as may be reasonable and proper (including maintaining adequate insurance that meets the requirements of all applicable laws including motor vehicle laws) regarding any acts or omissions of a User or third party. The Driver/Owner acknowledges and agrees that Company may release his contact and/or insurance information to a User upon such User’s reasonable request. The Driver/owner acknowledges and agrees that, unless specifically consented to by a User, he shall not transport or allow inside his Vehicle individuals other than a User and any individuals authorized by such User, during the performance of the Services for such User. The Driver/Owner acknowledges and agrees that all Users should be transported directly to their specified destination, as directed by the applicable User which mentioned in the application, without unauthorized interruption or unauthorized stops.

4(7) Upon execution of this Agreement, it shall be the duty of the Driver/Owner to be available online vide the Sohayak for a substantial period of time during the day and night in order to provide the Services under this Agreement and are easily accessible. The Company shall be sending regular notifications by SMS & email promotions to the Drivers/owners from time to time which will be beneficial for the Drivers/Owners and they can take advantage of these promotions provided they remain online with the Sohayak. Any non-compliance of this obligation shall amount to a material breach under this Agreement Company has right to terminate the agreement any time without assigning any reason whatsoever.

4(8) The Driver/Owner acknowledges and agrees that at all times, he shall:

  • Hold and maintain (i) a valid driver's/owner’s license with the appropriate level of certification to operate his vehicle, and (ii) all licenses, permits, approvals and authority applicable to him that are necessary to provide ambulance transportation services to third parties; adequate insurance as required by the law

  • Possesses the appropriate and current level of training, expertise and experience to provide Services in a professional manner with due skill, care and diligence; and

  • Maintain high standards of professionalism, service and courtesy.

The Driver/Owner acknowledges and agrees that his vehicle shall at all times be:

  • Properly registered and licensed to operate as an emergency transportation vehicle

  • In his lawful possession;

  • Suitable for performing the emergency ambulance services contemplated by this Agreement; and adequately covered with insurance.

  • Maintained in good operating condition, consistent with industry safety and maintenance standards for a vehicle of its kind and any additional standards or requirements and in a clean and sanitary condition.

  • Adequately covered with insurance.

4(9) The Driver/Owner understands and acknowledges that he may be subject to certain background and driving record checks from time-to-time in order to qualify to provide, and remain eligible to provide the services. The Driver/Owner further acknowledges and agrees that Company reserves the right, at any time in Company’s sole discretion, to deactivate or otherwise restrict the Driver/Owner from accessing or using the Sohayak if he fails to meet the requirements set forth in this Agreement.

4(10) Company will pay through Online within 7working days to Driver or Owner. The Driver/Owner shall be responsible to personally obtain the payment from the User who has cancelled the trip and payment is by way of cash.

5.CONSIDERATION:

5.1 In consideration of providing the Services by the Driver/Owner, the User shall pay the total Fare either by way of online gateways (via through payment wallets CR/DR cards) or by cash directly to the Driver/Owner.

5.2 In an event, the payment is made by cash by the User, the Driver shall collect the same and will tender an agreed percentage of the total fare received to the Company

5.3 In an event, the payment is made online, the Company shall remit such amount at predetermined frequency into the Drivers bank account.

5.4 The Driver shall maintain requisite records and receipts as required by the company from time to time.

5.5Cancellations:

  • Cancellation by User, who book the Ambulance

  • Cancellation in an event if the ambulance has not yet started towards the pickup point or up to 5 mins of booking time, there shall be no charge payable by the User.

  • Cancellation in an event if the ambulance has started moving towards the pickup point, 10 % to 30% of the estimated fare is payable by the User and the same shall be subject to clause 5.2, 5.3 and 5.4 above.

  • Cancellation after the ambulance has reached the pickup point, 10% to 30% of the estimated fare is payable by the User and the same shall be subject to clause 5.2, 5.3 and 5.4 above.
    In an event of cancellation and where payment is made by cash, the Driver will have to make arrangements to collect the cash from the User who has cancelled the trip and money is due as per the cancellation policy The above percentages may vary slightly after mutually discussed and agreed between the Parties.

  • Cancellation by the Driver/Owner Driver can’t cancel the ride within 15 mints once the booking is accepted.

  • a. Cancellation by the driver/owner shall be permitted in cases of "Ride Later" or in case of "Outstation Trips" which are not immediate in nature.

  • b. The driver/owner is permitted to cancel six (6) hrs. before the trip time, by clicking one of the reasons mentioned in the Sohayak.
    Annexed hereto and marked as Schedule I is the formula used by the Company for the purpose of calculation of the total fare. The settlement of amounts by both the Parties shall be scheduled every Fridays of the week.

6.NETWORK ACCESS AND DEVICES:

User is in charge of acquiring data network access to use the Sohayak services. User’s mobile network data or accessing WIFI data may apply if user access or use the Services from a wireless-enabled device and user will answerable for such rates and fees. The network connection can be Wireless or provided by your mobile network provider, but Sohayak cannot take responsibility for the app not working at full functionality if you don’t have access to Wireless connectivity, and you don’t have any of your data left.
Sohayak can update or amend the app for maintain or betterment of the service at any time. You are strongly recommended to download and use the latest version or updated app to get best services.

  • In no event shall the Driver/owner try to register, use except as provided herein and/or claim ownership in any of the trademarks in combination with that of the Company.

  • The Driver/owner shall ensure that the distinctiveness, reputation or validity of the Trademark, used as trade name, as a mark or as marketing indicia is not impaired in any manner whatsoever.

  • The Driver/owner shall not distort or disparage the Trademarks in any manner.

  • The Driver/owner shall not use the Trademark mark or logo or any marketing indicia in combination with any other mark, names or identification belonging to a third party, so as to suggest that they are a single or composite name, trademark or marketing indicia and that they are owned by the Driver/owner or such third party.

    The Driver/owner shall not have or claim any rights on the website, Sohayak or any other platform where its trademark or logo is advertised.

7.INTELLECTUAL PROPERTY RIGHTS AND LICENSES:

All right, title and interest including without limitation all Intellectual Property Rights and all other ancillary and subsidiary rights shall be owned exclusively by the Company.

Subject to the terms and conditions of this Agreement, Company hereby grants the Driver/Owner a non-exclusive, non-transferable, non-sub licensable, non-assignable license, during the term of this Agreement, to use the Company's trademarks, trade name and logo and the Sohayak only for the purpose of providing Services to the Users and tracking fares. All rights not expressly granted to the Driver/Owner are reserved by the Company.

The Driver/owner shall not, and 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 Sohayak;

  • Modify or make derivative works based upon the Sohayak;

  • Improperly use the Sohayak, including creating Internet “links” to any part of Sohayak app or website or otherwise improperly obtaining data from the Sohayak;

  • Reverse engineer, decompile, modify, or disassemble the Sohayak except as allowed under applicable law;

  • Send spam or otherwise duplicative or unsolicited messages. In addition, he shall not, and shall not allow any other party to, access or use the Sohayak: (i) design or develop a competitive or substantially similar product or service; (ii) copy or extract any features, functionality, or content thereof; (iii) launch or cause to be launched on or in connection with the Services an automated program or

    script, including web spiders, crawlers, robots, indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burden or hinder the operation and/or performance of the Services; or (iv) attempt to gain unauthorized access to the Services or its related systems or networks.

    All Intellectual Property Rights Sohayak app and Company data, are and shall remain the property of Company exclusively. Neither this Agreement nor use of the Services, Sohayak or Company data conveys or grants any rights to the Driver/Owner in or related to the Services, Sohayak app or Company data, except for the limited license granted above. Other than as specifically permitted by the Company in connection with the Services, the Driver/owner is not permitted to use or reference in any manner Company’s logos, products and service names, trademarks, service marks, trade dress, copyrights or other indicia of ownership, alone and in combination with other letters, punctuation, words, symbols and/or designs ("the Trademarks") for any purposes. the Driver/owner agrees that he will not try to register or otherwise use and/or claim ownership in any of the Trademarks, alone or in combination with other letters, punctuation, words, symbols and/or designs, or in any confusingly similar mark, name or title, for any goods and services.

8.CONFIDENTIALITY:

Each party acknowledges and agrees that in the performance of this Agreement it may have access to or may be exposed to, directly or indirectly, confidential information of the other party. Each party acknowledges and agrees that:

  • All Confidential Information shall remain the exclusive property of the disclosing party;

  • It shall not use Confidential Information of the other party for any purpose except in furtherance of this Agreement;

  • It shall not disclose Confidential Information of the other party to any third party, except to its employees, officers, contractors, agents and service providers ("Permitted Persons") as necessary to perform under this Agreement, provided Permitted Persons are bound in writing to obligations of confidentiality and non-use of Confidential Information no less protective than the terms hereof; and

  • It shall return or destroy all Confidential Information of the disclosing party, upon the termination of this Agreement or at the request of the other party.

9.INSURANCE:

The Driver/owner agrees to maintain during the term of this Agreement on all vehicles operated by him under this Agreement automobile liability insurance that provides protection against bodily injury and property damage to third parties at levels of coverage that satisfy the minimum requirements to operate a private passenger vehicle on the public roads. The Driver/Owner shall provide the Company a copy of the insurance policy, policy declarations, proof of insurance identification card and proof of premium payment for the insurance policy required in this Clause 7 upon request. Furthermore, the Driver/Owner must provide the Company with written notice of cancellation of any insurance policy required by the Company. The Company shall have no right to control selection or maintenance of the Driver's/owners policy.

10.DRIVERS/OWNERS REPRESENTATIONS & WARRANTIES:

The Driver/Owners hereby represents and warrants that:

  • He has full power and authority to enter into this Agreement and perform his obligations hereunder;

  • He has not entered into, and during the term will not enter into, any agreement that would prevent him from complying with this Agreement;

  • He shall comply with all applicable laws in his performance of this Agreement, including holding and complying with all permits, licenses, registrations and other governmental authorizations necessary to provide Services using the vehicles pursuant to this Agreement.

11.FARE & PAYMENT POLICY:

The fares of the services are calculated by Sohayak. Total fare of the calculation is dependable upon several parameters. Variables

  • Fixed charge

  • Distance

  • Per km charge

  • AC charges

  • Waiting charges per min (Free waiting period = 30 minutes)

  • Time taken for ride

  • Additional time taken charge (per min)

  • Night charge percentage

  • Oxygen charges

  • Service tax percentage different parameters.

Total ride fare may or may not be same between any two fixed locations. It might change according to above variables. Fare price may be increase or decrease depending on the demand for the service in that particular location. Sohayak can change fare and payment policy for betterment of the service. User and Driver/ Owner will be notified by push notification.

Sohayak accepts all kind of payments from user. User can pay their Total ride fare by different payment method like Cash, Credit card, Debit card, UPI, Net-banking, Paytm, Google-pay.

Charges / ride fare made by the user and company commission paid by the owner is nonrefundable. Company will take commission from Driver / Owner through online like Credit card, Debit card, UPI, Net-banking, Paytm, Google-pay. Not in cash.

12.LIMITATION OF LIABILITY BY THE COMPANY:

The Company shall not be held 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 misbehavior by the Driver/Owners, body injuries suffered or loss of human life due to the ambulance not equipped adequately, body injuries suffered or loss of life due to delay;

  • The Drivers/Owners or any third party’s property damage, or loss or inaccuracy of data, or loss of business, revenue, profits, use or other economic advantage;

  • Any incidental, punitive, special, exemplary, consequential, or other indirect damages of any type or kind.

Except for Company’s obligations to pay amounts due to the Driver /Owner pursuant to Clause 5 above, but subject to any limitations or other provisions contained in this Agreement which are applicable thereto, in no event shall the liability of Company under this Agreement exceed the amount of service fees actually paid to or due to Company hereunder in the fifteen (15) days period immediately preceding the event giving rise to such claim.

13.INDEMNITY AND LIMITATION OF LIABILITY:

The Driver/Owner shall at all times indemnify, keep indemnified and hold harmless the Company and its officers and directors from and against all costs (including the cost of enforcement), expenses, liabilities (including any tax liability), injuries, direct loss, damages, claims, demands, proceedings or legal costs and judgments incurred or suffered by the Company or for which the Driver/Owner may be liable with respect to any claim relating to the Services provided by the Driver/Owner and/ or arising from a breach of the Driver’s/Owner’s representations, warranties or undertakings contained herein or arising from the acts or omissions of the Driver/Owner or its respective employees, agents and/or representatives pursuant to this Agreement.

The Driver/Owner hereby agrees to defend, indemnify and hold harmless the Company from and against any and all suits, actions, claims, demands, judgments, debts, obligations or rights of action of any kind or nature relating to the use of the Trademark by the Driver/Owner in combination with his trademark/logo and all costs, actual or consequential damages, losses, charges or expenses, including attorneys’ fees, incurred directly or indirectly by the Company in connection therewith, arising out of the rights granted to the Driver/Owner under clause 6.(ii) herein above or any acts, omissions, statements or representations of any employee, agent, officer or director of the Driver/Owner relating thereto (collectively called “Claims”). The Company shall notify the Driver/Owner of any such Claims promptly upon receiving notice or being informed of the existence thereof. Upon such notice from the Company, the Driver/Owner shall promptly take such action as may be necessary to protect and defend the Company against such Claims and shall indemnify the Company against any losses, costs or expenses incurred in connection therewith.

The Company shall not be held responsible for any and all suits, actions, claims, demands, judgments, debts, obligations or rights of action of any kind or nature relating to the use of the trademark/logo of the Driver/Owner.

14.TERMINATION:

The Parties may terminate the Agreement at any time by mutual consent expressed in writing

Either Party has the right to terminate this Agreement immediately at any time by giving written notice to the other Party in the event that the other Party commits a material breach of this Agreement which cannot be remedied or a breach capable of being remedied and fails to remedy the breach within thirty (30) days of a written request to do so; or

  • This Agreement may be terminated without assigning any reason by the Company upon not less than thirty (30) days prior written notice by the Company to the Driver/Owner.

  • The Company shall be entitled to terminate this Agreement in the following events that the Driver/Owner or its representatives engage in prejudicial conduct and/or misconduct, or disparagement of Company which damages or may damage the reputation and business of the Company.

  • The Company shall be entitled to terminate this Agreement if it decides to proportionally reduce or scale down its overall business.

15.CONSEQUENCES OF EXPIRY/TERMINATION:

In the event of the expiry or earlier termination of this Agreement the Driver /Owner shall cease providing the Service, delete the Sohayak from his mobile phone and/or any other device and return to the Company all its materials and certify compliance with its obligations under this Agreement.

In the event of early termination of this Agreement, the Company shall be liable to make payment for the Services only up to such date of termination.

In the event of expiry of the Term or earlier termination of this Agreement, for whatever reason, the following clauses 6, 8,10, 12, 13,17 and 18 shall survive remain in force.

16.NOTICES:

All notices, requests, demands and other communications given in connection with this agreement, including notices for purposes of service of process, shall be in writing and shall be deemed to have been duly given (a) if delivered personally, when received, (b) if transmitted by facsimile, the first business day after receipt or (c) if sent by recognized courier service on the third business day following the date of deposit with such courier service. For the purpose of this clause, “business day” shall mean any day except a Saturday, Sunday or other day on which commercial banks in India or India are authorized by Law to close.

17.MISCELLANEOUS:

No Agency: The relationship between the Parties under this Agreement is solely that of independent contracting parties. The Parties expressly agree that:

  • this Agreement is not an employment agreement, nor does it create an employment relationship, between Company and the Driver/Owner; and

  • no joint venture, partnership, or agency relationship exists between Company and the Driver/Owner.

Variation: Amendments to this Agreement (including any annexures added to this Agreement after the date of this Agreement) shall not be effective unless in writing and signed by authorized signatories on behalf of both Parties.

Waiver: Neither Party shall have been deemed to have waived any right under this Agreement by reason of or failure or delay in exercising a right.

Entire Agreement: This Agreement contains the whole Agreement between the Parties relating to its subject matter and supersedes all previous written or oral agreements relating to it.

Assignment: The Driver/Owner shall not be entitled to assign or transfer any right or obligation under this Agreement without the prior written consent of the Company.

Headings: The headings to the clauses in this Agreement are for ease of reference only and shall not affect their interpretation.

Severance: If any provision of this Agreement is declared by any judicial or other competent authority to be void, voidable, illegal or otherwise unenforceable it may be severed from this Agreement and the remaining provisions of this Agreement shall remain in full force and effect. The Parties shall seek to amend such provision in such reasonable manner as achieves the intention of the parties without illegality.

Further Assurance: At any time after the date of this Agreement each of the Parties shall execute or procure the execution of such documents and do or procure the doing of such acts and things required for the purpose of giving the full benefit of all the provisions of this Agreement.

Counterparts: This Agreement may be executed in any number of counterparts, which shall together constitute one Agreement.

Third Party Rights: No person who is not a party to this Agreement shall have any rights to enforce its provision

The Company hereby acknowledges and agrees that nothing in this Agreement shall prohibit Consultant from continuing to provide services similar to the Services to other companies or otherwise engaging in Consultant's business activities

The Company reserves the right to change the terms of this Agreement under which the Sohayak is offered at any time and without notice. The Driver/Owner will be automatically bound by these modifications when you use the Sohayak, and should periodically read the terms of this Agreement.

18.ARBITRATION:

In case any disputes are not settled amicably then all such disputes shall be finally settled by a sole arbitrator appointed by the Company, in accordance with the Arbitration and Conciliation Act, 1996, for the time being in force and any amendments thereto. The award of the sole arbitrator shall be a reasoned award and shall be final and binding on the Parties. The venue of arbitration proceedings shall be Mumbai. The arbitration proceedings shall be conducted and the award shall be stated in English language.

19.LAW AND JURISDICTION:

This Agreement shall be governed by and construed and interpreted in accordance with the laws of India and shall be subject to the jurisdiction of the Courts of Kolkata. Notwithstanding the foregoing, nothing stated in the Agreement shall limit the Company’s rights to bring any legal action or proceedings in any other Court of competent jurisdiction, nor shall the bringing by the Company of legal actions or proceedings in one jurisdiction preclude the bringing by the Company of legal actions or proceedings in any other jurisdiction whether concurrently or not.