• 1.1. “Affiliate” means an entity that, directly or indirectly, controls, is under the control of, or is under common control with a party, where control means having more than fifty percent (50%) of the voting stock or other ownership interest, the majority of the voting rights of such entity, the ability of such entity to ensure that the activities and business of that Affiliate are conducted in accordance with the wishes of that entity or the right to receive the majority of the income of that Affiliate on any distribution by it of all of its income or the majority of its assets on a winding up.

• 1.2. “Device” means an Aurum Device or Tasker-Provided Device, as the case may be.

• 1.3. “Tasker” means the Tasker himself and/or his sub-ordinate: (a) who meets the then-current Aurum requirements to be an active Tasker using the Aurum IT platform; (b) whom Aurum authorizes to access the Aurum IT platform to provide Transportation and/or Logistics Services.

• 1.4. “Tasker ID” means the identification and password key assigned by Aurum to a Tasker that enables a Tasker to use and access the Aurum Tasker App.

• 1.6. “Aurum Tasker App” means Aurum’s mobile application that enables independent contractor couriers to access the Aurum IT platform for the purpose of seeking, receiving and fulfilling on‐demand requests for on-demand delivery services by Users, as may be updated or modified by Aurum at its discretion from time to time.

• 1.7. “Aurum Data” means all data related to the access and use of the Aurum IT platform hereunder, including all data related to Users (including User Information), all data related to the provision of Transportation and/or Logistics Services via the Aurum IT platform and the Tasker App, and the Tasker ID.

• 1.8. “Aurum Device” means a mobile device owned or controlled by Aurum that may be provided to Tasker or a Tasker for the sole purpose of such Tasker using the Tasker App to provide Transportation and/or Logistics Services and for no other purpose whatsoever.

• 1.9. “Aurum IT Platform” mean Aurum’s electronic services rendered via a digital technology platform, being on-demand intermediary and related services that enable transportation and/or logistics providers to seek, receive and fulfil on‐demand requests for transportation and/ or logistics services by Users seeking such transportation and/ or logistics services; such Aurum IT platform include access to the Tasker App and Aurum’s related software, websites, payment services as described in Paragraph 4 below, and related support services systems, as may be updated or modified by Aurum at its discretion from time to time. 

• 1.10. “Fare” has the meaning set forth in Paragraph 4.1.

• 1.11. “Transportation/Logistics Services” has the meaning set forth in Paragraph 2.2.

• 1.12. “App On-boarding Fee” shall mean the one-time amount charged by Aurum on the Tasker at the time of on-boarding onto the Aurum App.

• 1.13. “Service Fee” has the meaning set forth in Paragraph 4.4.

• 1.14. “Territory” means the city or metro areas in the territory of India which Tasker and its Taskers are enabled by the Tasker App to receive requests for Transportation and/or All Services as mentioned above.

• 1.15. “Tolls” means any applicable road, bridge, ferry, tunnel and airport charges and fees, including inner-‐city congestion, environmental or similar charges as incurred by the Tasker at that point of time.

• 1.16. “User” means an end user authorized by Aurum to use Aurum’s mobile application for the purpose of obtaining Transportation and/or Logistics Services offered by Aurum’s transportation and/or logistics provider Taskers.

• 1.17. “User Information” means information about a User made available to Tasker or a Tasker in connection with such User’s request for and use of Transportation and/or logistics Services, which may include the User’s name, pick-up location, contact information and photo.

• 1.18. “Vehicle” means any vehicle of Tasker that: (a) meets the then‐current Aurum requirements for a vehicle on the Aurum IT platform; and (b) Aurum authorizes for use by a Tasker for the purpose of providing Transportation and/or Logistics Services on behalf of Tasker.

• 2.1. Tasker IDs. Aurum will issue Tasker a Tasker ID for each Tasker providing Transportation and/or logistic Services to enable Tasker and each Tasker to access and use the Tasker App on a Device in accordance with this Agreement. Tasker agrees that it will, and that it will ensure that its Taskers will, maintain Tasker IDs in confidence and not share Tasker IDs with any third party other than the Tasker associated with such Tasker ID for the purpose of providing Transportation and/or logistics Services. Tasker will immediately notify Aurum of any actual or suspected breach or improper use or disclosure of a Tasker ID or the Tasker App.

• 2.2. Provision of Transportation and/or Logistics Services. When the Tasker App is active, User requests for Transportation and/or Logistics Services may appear to a Tasker via the Tasker App if the Tasker is available and in the vicinity of the User. If a Tasker accepts a User’s request for Transportation and/or Logistics Services, the Aurum IT platform will provide certain User Information to such Tasker via the Tasker App, including the User’s first name and pickup location. In order to enhance User satisfaction with the Aurum mobile application and Tasker’s and Tasker(s) Transportation and/or Logistics Services, it is recommended that the Tasker wait at least ten (10) minutes for a User to show up at the requested pick‐up location. It is also recommended that the Tasker understands the local regulation(s), including the minimum age and purchase quantity condition(s) with respect to the purchase and/or delivery of alcoholic beverages, item(s) containing tobacco including any other restricted item(s) under applicable law. The Tasker or the Tasker shall be prohibited from dealing with products without limitation including Narcotic Drugs, Exotic Psychedelic Drugs, animals, Arms and Ammunition, Pornographic Books and Films through CDs or any other form and Endangered Species etc., which are prohibited/banned by the applicable Laws of India. Further any such activity done by the Tasker or the Tasker with respect to such prohibited products shall be at their own risk and Aurum shall not have any civil or criminal liability for the same. cannot transport anything which against the law to be The Tasker will obtain the destination and/or the purchase outlet detail(s) from the User, either in person upon pickup or from the Tasker App if the User elects to enter such destination and/or the purchase outlet via Aurum’s mobile application. Tasker acknowledges and agrees that once a Tasker has accepted a User’s request for Transportation and/or Logistics Services, Aurum’s mobile application may provide certain information about the Tasker to the User, including the Tasker’s first name, contact information, Tasker entity name, location, and the Tasker’s Vehicle’s make, license plate number, as is applicable. Tasker shall not, and shall ensure that all Taskers do not, contact any Users or use any User’s personal data for any reason other than for the purposes of fulfilling Transportation and/or Logistics Services. As between Aurum and Tasker, Tasker acknowledges and agrees that: (a) Tasker and its Taskers are solely responsible for determining the most effective, efficient and safe manner to perform each instance of Transportation and/or Logistics Services; and (b) except for the Aurum IT platform or any Aurum Devices (if applicable), Tasker shall provide all necessary equipment, tools and other materials, at Tasker’s own expense, necessary to perform Transportation and/or Logistics Services. 

• 2.3. Tasker’s Relationship with Users. Tasker acknowledges and agrees that Tasker’s provision of Transportation and/or Logistics Services to Users creates a legal and direct business relationship between Tasker and the User, to which Aurum is not a party. Aurum is not responsible or liable for the actions or inactions of a User in relation to the activities of Tasker, a Tasker or any Vehicle. Tasker shall have the sole responsibility for any obligations or liabilities to Users or third parties that arise from its provision of Transportation and/or Logistics Services. Tasker acknowledges and agrees that it and each Tasker are solely responsible for taking such precautions as may be reasonable and proper (including maintaining adequate insurance that meets the requirements of all applicable laws) regarding any acts or omissions of a User or third party. Tasker acknowledges and agrees that Aurum may release the contact and/or insurance information of Tasker and/or a Tasker to a User upon such User’s reasonable request. Tasker acknowledges and agrees that, unless specifically consented to by a User, neither Tasker nor Tasker may transport or allow alongside any Vehicle individuals other than a User and any individuals authorized by such User during the performance of Transportation and/ or Logistics Services for such User. Tasker acknowledges and agrees, and shall ensure that its Taskers agree, that all Users should be transported directly to their specified destination, as directed by the applicable User, without unauthorized interruption or unauthorized stops.

• 2.4. Tasker’s Relationship with Aurum. Tasker acknowledges and agrees that Aurum’s provision to Tasker of the Tasker App and the Aurum IT platform creates a legal and direct business relationship between Aurum and Tasker. Aurum does not, and shall not be deemed to, director control Tasker or its Taskers generally or in their performance under this Agreement specifically, including in connection with the operation of Tasker’s business, the provision of Transportation and/or Logistics Services, the acts or omissions of Taskers, or the operation and maintenance of any Vehicles. Tasker and its Taskers retain the sole right to determine when and for how long each of them will utilize the Tasker App or the Aurum IT platform. Tasker and its Taskers retain the option, via the Tasker App, to attempt to accept or to decline or ignore a User’s request for Transportation and/or Logistics Services via the Aurum IT platform, or to cancel an accepted request for Transportation and/or the Logistics Services via the Tasker App, subject to Aurum’s then‐current cancellation policies. Tasker acknowledges and agrees that it has complete discretion to operate its independent business and direct its Taskers at its own discretion, including the ability to provide services at any time to any third party separate and apart from Transportation and/or Logistics Services. For the sake of clarity, Tasker understands that Tasker retains the complete right to provide Transportation and/or Logistics services to its existing Taskers and to use other software application services in addition to the Aurum IT platform. Aurum retains the right to, at any time in Aurum’s sole discretion, deactivate or otherwise restrict Tasker or any Tasker from accessing or using the Tasker App or the Aurum IT platform in the event of a violation of this Agreement, Tasker‘s or any Tasker’s disparagement of Aurum or any of its Affiliates, Tasker’s or any Tasker’s act or omission that causes harm to Aurum’s or its Affiliates’ brand, reputation or business as determined by Aurum in its sole discretion. Aurum also retains the right to deactivate or otherwise restrict Tasker or any Tasker from accessing or using the Tasker App or the Aurum IT platform for any other reason at the sole and reasonable discretion of Aurum.

• 2.5. Tasker’s Relationship with Taskers. Tasker shall have the sole responsibility for any obligations or liabilities to Taskers that arise from its relationship with its Taskers (including provision of Transportation and/or Logistics Services). Tasker acknowledges and agrees that it exercises sole control over the Taskers and will comply with all applicable laws (including tax and employment laws) governing or otherwise applicable to its relationship with its Taskers. Notwithstanding Tasker’s right, if applicable, to take recourse against a Tasker, Tasker acknowledges and agrees that it is at all times responsible and liable for the acts and omissions of its Taskers vis-à‐vis Users and Aurum, even where such liability may not be mandated under applicable law.

• 2.6. Ratings.

  • 2.6.1. Tasker acknowledges and agrees that: (a) after receiving Transportation Services, a User will be prompted by Aurum’s mobile application to provide a rating of such Transportation and/or Logistics Services and Tasker and, optionally, to provide comments or feedback about such Transportation Services and Tasker; and (b) after providing Transportation Services, the Tasker will be prompted by the Tasker App to provide a rating of the User and, optionally, to provide comments or feedback about the User. Tasker shall instruct all Taskers to provide ratings and feedback in good faith.

  • 2.6.2. Tasker acknowledges that Aurum desires that Users have access to high-‐quality services via Aurum’s mobile application. In order to continue to receive access to the Tasker App and the Aurum IT platform, each Tasker must maintain an average rating by Users that exceeds the minimum average acceptable rating established by Aurum for the Territory, as may be updated from time to time by Aurum in its sole discretion (“Minimum Average Rating”). In the event a Tasker’s average rating falls below the Minimum Average Rating, Aurum will notify Tasker and may provide the Tasker in Aurum’s discretion, a limited period of time to raise his or her average rating above the Minimum Average Rating. If such Tasker does not increase his or her average rating above the Minimum Average Rating within the time period allowed (if any), Aurum reserves the right to deactivate such Tasker’s access to the Tasker App and the Aurum IT platform. Additionally, Tasker acknowledges and agrees that repeated failure by a Tasker to accept User requests for Transportation and/or Logistics Services while such Tasker is logged in to the Tasker App creates a negative experience for Users of Aurum’s mobile application. Accordingly, Tasker agrees and shall ensure that if a Tasker does not wish to accept User requests for Transportation Services for a period of time, such Tasker will log off of the Tasker App.

  • 2.6.3. Aurum and its Affiliates reserve the right to use, share and display Tasker and User ratings and comments in any manner in connection with the business of Aurum and its Affiliates without attribution to or approval of Tasker or the applicable Tasker. Tasker acknowledges that Aurum and its Affiliates are distributors (without any obligation to verify) and not publishers of Tasker and User ratings and comments, provided that Aurum and its Affiliates reserve the right to edit or remove comments in the event that such comments include obscenities or other objectionable content, include an individual’s name or other personal information, or violate any privacy laws, other applicable laws or Aurum’s or its Affiliates’ content policies. 

• 2.7. Devices.

  • 2.7.1. Aurum encourages Tasker to use Tasker‐Provided Devices for providing the Transportation Services. Otherwise, Aurum will supply Tasker upon request with Aurum Devices to each authorized Tasker and provide the necessary wireless data plan for such Devices, provided that Aurum will require reimbursement from Tasker for the costs associated with the wireless data plan of each Aurum Device and/or request a deposit for each Aurum Device. Tasker acknowledges and agrees that: (a) Aurum Devices may only be used for the purpose of enabling Tasker access to the Aurum IT platform; and (b) Aurum Devices may not be transferred, loaned, sold or otherwise provided in any manner to any party other than the Tasker assigned to use such Aurum Device. Aurum Devices shall at all times remain the property of Aurum, and upon termination of this Agreement or the termination or deactivation of a Tasker, Tasker agrees to return to Aurum the applicable Aurum Devices within ten (10) days. Tasker acknowledges and agrees that failure to timely return any Aurum Devices, or damage to Aurum Devices outside of “normal wear and tear,” will result in the forfeiture of related deposits.

  • 2.7.2. If Tasker elects to use any Tasker‐Provided Devices: (i) Tasker and/or its Taskers are responsible for the acquisition, cost and maintenance of such Tasker‐Provided Devices as well as any necessary wireless data plan; and (ii) Aurum shall make available the Tasker App for installation on such Tasker‐Provided Devices. Aurum hereby grants the Tasker of any Tasker-Provided Device a personal, non-exclusive, non‐transferable user right to install and use the Tasker App on a Tasker‐Provided Device solely for the purpose of providing Transportation and/or Logistics Services. Tasker agrees to not, and shall cause each applicable Tasker to not, provide, distribute or share, or enable the provision, distribution or sharing of, the Tasker App (or any data associated therewith) with any third party. The foregoing right shall immediately terminate and Tasker will delete and fully remove the Tasker App from the Tasker‐Provided Device in the event that Tasker and/or the applicable Tasker ceases to provide Transportation and/or Logistics Services using the Tasker-‐Provided Device. Tasker agrees, and shall inform each applicable Tasker that: (i) use of the Tasker App on a Tasker-‐Provided Device requires an active data plan with a wireless carrier associated with the Tasker-‐Provided Device, which data plan will be provided by either Tasker or the applicable Tasker at their own expense; and (ii) use of the Tasker App on a Tasker-‐Provided Device as an interface with the Aurum IT platform may consume very large amounts of data through the data plan. Aurum advises that Tasker-‐Provided Devices should only be used under a data plan with unlimited or very high data usage limits, and Aurum shall not be responsible or liable for any fees, costs, or overage charges associated with any data plan.

• • 2.8. Location Based Services. Tasker acknowledges and agrees that each Tasker’s geo‐location information must be provided to the Aurum IT platform via a Device in order to provide Transportation and/or Logistics Services. Tasker acknowledges and agrees, and shall inform and obtain the consent of each Tasker, that: (a) the Tasker’s geo-location information will be monitored and tracked by the Aurum IT platform when the Tasker is logged into the Tasker App and available to receive requests for Transportation and/ or Logistics Services, or when the Tasker is providing Transportation and/ or Logistics Services; and (b) the approximate location of the Tasker’s Vehicle will be displayed to the User before and during the provision of Transportation and/ or Logistics Services to such User. In addition, Aurum may monitor, track and share a Tasker’s geo-location information obtained by the Tasker App and Device for safety, security, technical, marketing and commercial purposes, including to provide and improve Aurum’s products and services.

• 3.1. Tasker Requirements. Tasker acknowledges and agrees that each Tasker shall at all times: (a) hold and maintain (i) a valid Tasker’s license with the appropriate level of certification to operate the Vehicle assigned to such Tasker, and (ii) all licenses, permits, approvals and authority applicable to Tasker and/or Tasker that are necessary to provide passenger transportation services to third parties in the Territory and/or logistic services, involving the purchase of item(s) third parties in the Territory; (b) possess the appropriate and current level of training, expertise and experience to provide Transportation and/or Logistics Services in a professional manner with due skill, care and diligence; and (c) maintain high standards of professionalism, service and courtesy. Tasker acknowledges and agrees that each Tasker may be subject to certain background and driving record checks from time to time in order for such Tasker to qualify to provide, and remain eligible to provide, Transportation and/or Logistics Services. In addition if Tasker and/or Tasker are using the Aurum App to provide Transportation and/or Logistics Services in conjunction with operating a vehicle which enables passenger(s) to be ferried (“Transportation and/or Logistics Services”), such Tasker and/or Tasker shall comply with all applicable laws with respect thereto. Tasker acknowledges and agrees that Aurum reserves the right, at any time in Aurum’s sole discretion, to deactivate or otherwise restrict a Tasker from accessing or using the Tasker App or the Aurum IT platform if Tasker or such Tasker fails to meet the requirements set forth in this Agreement.

• 3.2. Vehicle Requirements. Tasker acknowledges and agrees that each Vehicle shall at all times be: (a) properly registered and licensed to operate as a passenger transportation vehicle and/or Vehicle to transport Item(s) purchased in the Territory; (b) owned or leased by Tasker, or otherwise in Tasker’s lawful possession; (c) suitable for performing the passenger transportation service and/or Vehicle to transport item(s) as contemplated by this Agreement; and (d) maintained in good operating condition, consistent with industry safety and maintenance standards for a Vehicle of its kind and any additional standards or requirements in the applicable Territory, and in a clean and sanitary condition.

• 3.3. Documentation. To ensure Tasker’s and each of its Taskers’ compliance with all requirements in Paragraphs 3.1 and 3.2 above, Tasker must provide Aurum with written copies of all such licenses, permits, approvals, authority, registrations and certifications prior to Tasker’s and the applicable Taskers’ provision of any transportation services and/or logistic services. Thereafter, Tasker must submit to Aurum written evidence of all such licenses, permits, approvals, authority, registrations and certifications as they are renewed. Aurum shall, upon request, be entitled to review such licenses, permits, approvals, authority, registrations and certifications from time to time, and Tasker’s failure to provide or maintain any of the foregoing shall constitute a material breach of this Agreement. Aurum reserves the right to independently verify Tasker’s and/or any Tasker’s documentation from time to time in any way Aurum deems appropriate in its reasonable discretion.

• 4.1. Fare Calculation and Tasker Payment. Tasker is entitled to charge a fare for each instance of completed Transportation Services provided to a User that are obtained via the Aurum IT platform (“Fare”), where such Fare is calculated based upon a base fare amount plus distance (as determined by Aurum using location-‐based services enabled through the Device) and/or time amounts, for the applicable Territory (“Fare Calculation”). Tasker is also entitled to charge User for any Tolls, taxes or fees incurred during the provision of Transportation and/or Logistics Services, if applicable. Tasker: (i) appoints Aurum as Tasker’s limited payment collection agent solely for the purpose of accepting the Fare, applicable Tolls and, depending on the region and/or if requested by Tasker, applicable taxes and fees from the User on behalf of the Tasker via the payment processing functionality facilitated by the Aurum IT platform; and (ii) agrees that payment made by User to Aurum shall be considered the same as payment made directly by User to Tasker. In addition, the parties acknowledge and agree that as between Tasker and Aurum, the Fare is a recommended amount, and the primary purpose of the pre-‐arranged Fare is to act as the default amount in the event Tasker does not negotiate a different amount. Tasker shall always have the right to: (i) charge a fare that is less than the pre-‐arranged Fare; or (ii) negotiate, at Tasker’s request, a Fare that is lower than the pre-‐arranged Fare (each of (i) and (ii) herein, a “Negotiated Fare”). Aurum shall consider all such requests from Tasker in good faith. Aurum agrees to remit to Tasker on at least a weekly basis: (a) the Fare less the applicable Service Fee; (b) the Tolls; and (c) depending on the region, certain taxes and ancillary fees. If Tasker has separately agreed, other amounts may be deducted from the Fare prior to remittance to Tasker (e.g., App On-boarding Fee(s) etc.), the order of those deductions from the Fare to be determined exclusively by Aurum. Notwithstanding anything to the contrary in this Paragraph 4.1, if Tasker is providing two-wheeler taxi Services, the following shall apply: (x) the Fare is calculated pursuant to local taxi regulations in the Territory; and (y) in some jurisdictions, Users may pay such Tasker or Tasker directly rather than through Aurum’s mobile application (Aurum will notify Tasker if (y) is applicable in its Territory).

• 4.2. Changes to Fare Calculation. Aurum reserves the right to change the Fare Calculation at any time in Aurum’s discretion based upon local market factors, and Aurum will provide notice to Tasker in the event of such change that would result in a change in the recommended Fare. Continued use of the Aurum IT platform after any such change in the Fare Calculation shall constitute Tasker’s consent to such change.

• 4.3. Fare Adjustment. Aurum reserves the right to: (i) adjust the Fare for a particular instance of Transportation Services (e.g., Tasker took an inefficient route, Tasker failed to properly end a particular instance of Transportation Services in the Tasker App, technical error in the Aurum IT platform, etc.); or (ii) cancel the Fare for a particular instance of Transportation Services (e.g., a User is charged for Transportation Services that were not provided, in the event of a User complaint, fraud, etc.). Aurum’s decision to reduce or cancel the Fare in any such manner shall be exercised in a reasonable manner.

• 4.4. Service Fee. In consideration of Aurum’s provision of the Aurum IT platform, the Tasker may pay Aurum a service fee on per Order for Transportation and/or Logistics Services transaction basis calculated as a percentage of the Fare (regardless of any Negotiated Fare), as provided to Tasker via email or otherwise made available electronically by Aurum from time to time for the applicable Territory (“Service Fee”). Unless regulations applicable to Tasker’s Territory require otherwise, taxes will be calculated and charged on the Fare, and Aurum shall calculate the Service Fee based on the Fare inclusive of such taxes. Aurum reserves the right to change the Service Fee at any time in Aurum’s discretion based upon local market factors, and Aurum will provide notice to Tasker in the event of such change. Continued use of the Aurum IT platform after any such change in the Service Fee calculation shall constitute Tasker’s consent to such change. In addition, with respect to Taxi Services in the applicable Territory, Tasker agrees to pay Aurum a booking fee in consideration of Aurum’s provision of the Tasker App and the Aurum IT platform.

• 4.5. Cancellation Charges. Tasker acknowledges and agrees that Users may elect to cancel requests for Transportation and/or Logistics Services that have been accepted by a Tasker via the Tasker App at any time prior to the Tasker’s arrival. In the event that a User cancels an accepted request for Transportation and/or Logistic Services, Aurum may charge the User a cancellation fee on behalf of the Tasker. If charged, this cancellation fee shall be deemed the Fare for the cancelled Transportation and/or Logistics Services for the purpose of remittance to Tasker hereunder (“Cancellation Fee”). The parties acknowledge that and agree that as between Tasker and Company, this Cancellation Fee is a recommended amount, and the primary purpose of such Cancellation Fee is to act as the default amount in the event Tasker does not negotiate a different amount. Tasker shall always have the right to: (i) charge a cancellation fee that is less than the Cancellation Fee; or (ii) negotiate, at Tasker’s request, a cancellation fee that is lower than the Cancellation Fee (each of (i) and (ii) herein, a “Negotiated Cancellation Fee”). If charged, the Cancellation Fee (regardless of any Negotiated Cancellation Fee) shall be deemed the Fare for the cancelled Transportation and/or Logistics Services for the purpose of remittance to the Tasker hereunder.

• 4.6. Receipts. As part of the Aurum IT platform, Aurum provides Tasker a system for the delivery of receipts to Users for Transportation and/or Logistics Services rendered on the Aurum Platform. Upon the completion of Transportation and/or Logistics Services for a User by a Tasker, Aurum prepares an applicable receipt and issues such receipt to the User via email on behalf of the Tasker and applicable Tasker. Such receipts are also provided via email or the online portal available to the Tasker on the Aurum IT platform. Receipts include the breakdown of amounts charged to the User for Transportation and/or Logistics Services and may include specific information about the Tasker and applicable Tasker, including the Tasker’s entity name and contact information, as well as a map of the route taken by the Tasker. Tasker shall inform Taskers that any corrections to a User’s receipt for Transportation and/or Logistics Services must be submitted to Aurum in writing within three (3) business days after the completion of such Transportation and/or Logistics Services. Absent such a notice, Aurum shall not be liable for any mistakes in or corrections to the receipt or for recalculation or disbursement of the Fare.

• 4.7. Platform Advertisement; Marketing. Tasker acknowledges and agrees that, for the mutual benefit of the parties, through advertising and marketing, Aurum and/or its Affiliates may seek to attract new Users to Aurum and to increase existing Users’ use of Aurum’s mobile application.

• 4.8. Taxes. Tasker 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 Transportation Services as required by applicable law; and (b) provide Aurum with all relevant tax information. Tasker further acknowledges and agrees that Tasker and each of its Taskers are responsible for taxes on their own income arising from the performance of Transportation and or Logistics Services. Notwithstanding anything to the contrary in this Agreement, Aurum may in its reasonable discretion based on applicable tax and regulatory considerations, collect and remit taxes resulting from Tasker’s and/or any Tasker’s provision of Transportation and/or Logistics Services and/or provide any of the relevant tax information Tasker and/or any Tasker has provided pursuant to the foregoing requirements in this Paragraph 4.8 directly to the applicable governmental tax authorities on Tasker’s and/or the applicable Tasker’s behalf or otherwise.

• 5.1. License Grant. Subject to the terms and conditions of this Agreement, Aurum hereby grants Tasker a non-exclusive, royalty-free, non-transferable, non-sub-licensable, non-assignable license, during the term of this Agreement, to use (and allows its Taskers to use) the Tasker App in connection with the provision by Aurum of the Aurum IT platform solely for the purpose of providing Transportation and/or Logistics Services to Users and tracking resulting Fares and Fees. All rights not expressly granted to Tasker are reserved by Aurum, its Affiliates and their respective licensors.

• 5.2. Restrictions. Tasker shall not, and shall not allow any other party to: (a) license, sublicense, sell, resell, transfer, assign, distribute or otherwise provide or make available to any other party the Aurum IT platform, Tasker App or any Aurum Device in any way; (b) modify or make derivative works based upon the Aurum IT platform or Tasker App; (c) improperly use the Aurum IT platform or Tasker App, including creating Internet “links” to any part of the Aurum IT platform or Tasker App, “framing” or “mirroring” any part of the Aurum IT platform or Tasker App on any other websites or systems, or “scraping” or otherwise improperly obtaining data from the Aurum IT platform or Tasker App; (d) reverse engineer, decompile, modify, or disassemble the Aurum IT platform or Tasker App, except as allowed under applicable law; or (e) send spam or otherwise duplicative or unsolicited messages. In addition, Tasker shall not, and shall not allow any other party to, access or use the Aurum IT platform or Tasker App to: (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 Aurum IT platform 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 Aurum IT platform; or (iv) attempt to gain unauthorized access to the Aurum IT platform or its related systems or networks.

• 5.3. Ownership. The Aurum IT platform, Tasker App and Aurum Data, including all intellectual property rights therein, and the Aurum Devices are and shall remain the property of Aurum, its Affiliates or their respective licensors. Neither this Agreement nor Tasker’s use of the Aurum IT platform, Tasker App or Aurum Data conveys or grants to Tasker any rights: (a) in or related to the Aurum IT platform, Tasker App or Aurum Data, except for the limited license granted above; or (b) to use or reference in any manner Aurum’s, its Affiliates’, or their respective licensors’ company names, logos, product and service names, trademarks, service marks or other indicia of ownership. Additionally, Tasker acknowledges Aurum’s rights in its AURUM family of trademarks and names, including AURUM, alone and in combination with other letters, punctuation, words, symbols and/or designs, the AURUM Logo and/or the AURUM Pillion (“AURUM Marks and Names”). Tasker agrees it will not, and it will ensure that its Taskers do not, try to register or otherwise claim ownership in any of the AURUM Marks and Names, alone or in combination with other letters, punctuation, words, symbols and/or designs, or in any confusingly similar mark or name.

• 6.1. 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 (“Confidential Information”). Confidential Information includes Aurum Data, Tasker 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.

• 6.2. Each party acknowledges and agrees that: (a) all Confidential Information shall remain the exclusive property of the disclosing party; (b) it shall not use Confidential Information of the other party for any purpose except in furtherance of this Agreement; (c) itshall 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 (d) 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 (subject to applicable law and, with respect to Aurum, its internal record-‐keeping requirements).

• 6.3. Notwithstanding the foregoing, Confidential Information shall not include any information to the extent it: (a) is or becomes part of the public domain through no act or omission on the part of the receiving party; (b) was possessed by the receiving party prior to the date of this Agreement without an obligation of confidentiality; (c) is disclosed to the receiving party by a third party having no obligation of confidentiality with respect thereto; or (d) is required to be disclosed pursuant to 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 required disclosure.

7.1 Data Collection and Use
Aurum collects personal data including, but not limited to, users’ names, contact information, location data, and account preferences. This data is collected to provide services, enhance user experience, and for operational needs, including safety and security.

7.2 Data Sharing
Subject to all applicable laws, Aurum may provide to a third party any information (including personal data and any Aurum Data) about Taskers provided hereunder if: (a) there is a complaint, dispute or conflict, including an accident, between a Tasker and a User; (b) it is necessary to enforce the terms of the Agreement; (c) it is required, in Aurum’s or any Affiliate’s sole discretion, by applicable law or regulation; (d) it is necessary, in Aurum’s or any Affiliate’s sole discretion, to (1) protect the safety, rights, property or security of Aurum, the Aurum IT platform or any third party, (2) detect, prevent or otherwise address fraud, security or technical issues, and/or (3) prevent or stop activity which Aurum or any of its Affiliates, in their sole discretion, consider to be, or to pose a risk of being, illegal, unethical or legally actionable; or (e) it is required or necessary, in Aurum’s or any Affiliate’s sole discretion, for insurance or other purposes related to Tasker’s and/or Tasker’s ability to qualify, or remain qualified, to use the Aurum IT platform.
Tasker understands that Aurum may retain Tasker’s and/or Tasker(s) personal data for legal, regulatory, safety, and other necessary purposes after this Agreement is terminated. Aurum processes personal data (including that referenced in Paragraph 2.8 above) in accordance with its privacy policy located at www.Aurum.in.

7.3 Data Deletion and Retention
a. Data Deletion Requests: Users may request the deletion of their personal data at any time by contacting our support team at okbossindia@gmail.com. Aurum will verify the identity of the requester to prevent unauthorized data deletion.

b. Deletion Process: Upon verification, Aurum will delete the user’s data from active databases and storage systems within 30 days, except as noted in subsection (d).

c. Retention for Deactivated Accounts: If a user deactivates their account without requesting deletion, Aurum may retain personal data for a limited period in line with our data retention policy, to allow for potential account reactivation.

d. Legal Retention Requirements: Certain data elements may be retained as required by law, regulatory, or tax obligations. In such cases, specific data will be retained while other data associated with the user’s account is deleted.

e. Notification of Deletion Completion: Once the deletion process is complete, Aurum will confirm the deletion of the user’s data through their preferred communication method.

• 8.1 Tasker agrees to maintain during the term of this Agreement on all Vehicles operated by Tasker and its Taskers commercial automobile liability insurance that provides protection against bodily injury and property damage to third parties at levels of coverage that satisfy all applicable laws in the Territory. This coverage must also include any no-‐fault coverage required by law in the Territory that may not be waived by an insured.

• 8.2 Tasker agrees to maintain during the term of this Agreement commercial general liability insurance that provides protection against personal injury, advertising injury and property damage to third parties at levels of coverage required byall applicable laws in the Territory.

• 8.3. Tasker agrees to maintain during the term of this Agreement workers’ compensation insurance as required by all applicable laws in the Territory. If permitted by applicable law, Tasker may choose to insure itself against industrial injuries by maintaining occupational accident insurance in place of workers’ compensation insurance. Tasker’s subcontractors may also, to the extent permitted by applicable law, maintain occupational accident insurance in place of workers’ compensation insurance.

• 8.4. Tasker shall add Aurum (or any Affiliate which may be designated by Aurum from time to time) to Tasker’s insurance policies required in Paragraphs 8.1 and 8.2 above as an additional insured, and shall, upon Aurum’s request, provide Aurum with a copy of such insurance certificate(s) within seven (7) days of such request.

• 9.1. By Tasker. Tasker hereby represents and warrants that: (a) it has full power and authority to enter into this Agreement and perform its obligations hereunder; (b) it is duly organized, validly existing and in good standing under the laws of the jurisdiction of its origin; (c) it has not entered into, and during the term will not enter into, any agreement that would prevent it from complying with this Agreement; (d) it will comply with all applicable laws in its performance of this Agreement, including holding and complying with all permits, licenses, registrations and other governmental authorizations necessary to provide(i) Transportation and/or Logistics Services using the Taskers and Vehicles pursuant to this Agreement, and (ii) passenger transportation services to third parties in the Territory generally; and (e) it shall require all Taskers to comply with the applicable terms and conditions set forth in this Agreement and all applicable laws.

• 9.2. Disclaimer of Warranties. Aurum provides, and Tasker accepts, the Aurum IT platform, Tasker App and the Aurum Devices on an “as is” and “as available” basis. Aurum does not represent, warrant or guarantee that Tasker’s or any Tasker’s access to or use of the Aurum IT platform, Tasker App or the Aurum Devices: (a) will be uninterrupted or error free; or (b) will result in any requests for Transportation Services. Aurum functions as an on-‐demand lead generation and related service only and makes no representations, warranties or guarantees as tothe actions or inactions of the Users who may request or receive Transportation/Logistics Services from Tasker or any Tasker hereunder, and Aurum need not screen or otherwise evaluate Users. By using the Aurum IT platform and Tasker App, Tasker acknowledges and agrees that Tasker or a Tasker may be introduced to a third party (including Users) that may pose harm or risk to Tasker, a Tasker or other third parties. Tasker and Taskers are advised to take reasonable precautions with respect to interactions with third parties encountered in connection with the use of the Aurum IT platform or Tasker App. Notwithstanding Aurum’s appointment as the limited payment collection agent of Tasker for the purpose of accepting payment from Users on behalf of Tasker as set forth in Paragraph 4 above, Aurum expressly disclaims all liability for any act or omission of Tasker, any Tasker, any User or other third party.

• 9.3. No Service Guarantee. Aurum does not guarantee the availability or uptime of the Aurum IT platform or Tasker App. Tasker acknowledges and agrees that the Aurum IT platform or Tasker App may be unavailable at any time and for any reason (e.g., due to scheduled maintenance or network failure). Further, the Aurum IT platform or Tasker App may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications, and Aurum is not responsible for any delays, delivery failures or other damages, liabilities or losses resulting from such problems.

• 10.1. Tasker shall indemnify, defend (at Aurum’s option) and hold harmless Aurum 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: (a) Tasker’s breach of its representations, warranties or obligations under this Agreement; or (b) a claim by a third party (including Users, regulators and governmental authorities) directly or indirectly related to Tasker’s provision of Transportation and/or Logistics Services or use of the Aurum IT platform.

• 10.2. As between Tasker and Aurum, Tasker is and shall be solely responsible for its Taskers’ provision of Transportation Services. As such, Tasker shall indemnify, defend (at Aurum’s option) and hold harmless Aurum 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 directly or indirectly arising out of or related to its Taskers’ provision of Transportation and/or Logistics Services or use of the Aurum IT platform.

Aurum 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: (i) any incidental, punitive, special, exemplary, consequential, or other indirect damages of any type or kind; or (ii) Tasker’s, Tasker’s 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 Aurum’s obligations to pay amounts due to Tasker pursuant to Paragraph 4 above, but subject to any limitations or other provisions contained in this Agreement which are applicable thereto, in no event shall the liability of Aurum or its Affiliates under this Agreement exceed the amount of Service Fees actually paid to or due to Aurum hereunder in the six (6) month period immediately preceding the event giving rise to such claim. Tasker acknowledges and agrees that any and all claims Tasker has or purports to have against Aurum and/or its Affiliates should be notified to Aurum and/or its Affiliates within one (1) year after the event(s) that gave rise to such claim and that Tasker forfeits all rights in respect of that claim if Tasker fails to do so. These limitations do not purport to limit liability that cannot be excluded by applicable law.

• 12.1. Term. This Agreement shall commence on the date that the Agreement is executed by Tasker (electronically or otherwise) and shall continue until terminated as set forth herein.

• 12.2. Termination. Either party may terminate this Agreement: (a) without cause at any time upon _________ (___) 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, Aurum may terminate this Agreement or deactivate Tasker or a particular Tasker immediately, without notice, with respect to Tasker and/or any Tasker in the event Tasker and/or any Tasker, as applicable, no longer qualifies, under applicable law or the standards and policies of Aurum, to provide Transportation Services or to operate the Vehicle, or as otherwise set forth in this Agreement.

• 12.3. Effect of Termination. Upon termination of the Agreement, Tasker and all Taskers, as applicable, shall: (a) promptly return to Aurum all Aurum Devices; and (b) immediately delete and fully remove the Tasker App from any applicable Tasker-‐Provided Devices. Outstanding payment obligations and Paragraphs 1, 2.3, 2.5, 2.6.3, 4.7, 4.8, 5.3, 6, 7, 9, 10, 11, 12.3, 13, 14 and 15 shall survive the termination of this Agreement.

• 13.1. Except as otherwise expressly provided herein with respect to Aurum acting as the limited payment collection agent solely for the purpose of collecting payment from Users on behalf of Tasker, the relationship between the parties under this Agreement is solely that of independent contractors. The parties expressly agree that: (a) this Agreement is not an employment agreement, nor does it create an employment relationship (including from a labor law, tax law perspective), between Aurum and Tasker or Aurum and any Tasker; and (b) no joint venture, Taskership, or agency relationship exists between Aurum and Tasker or Aurum and any Tasker.

• 13.2. Tasker has no authority to bind Aurum and undertakes not to hold itself out, and to ensure that each Tasker does not hold himself or herself out, as an employee, agent or authorized representative of Aurum or its Affiliates. Where, by implication of mandatory law or otherwise, Tasker or any Tasker may be deemed an employee, agent or representative of Aurum, Tasker undertakes and agrees to indemnify, defend (at Aurum’s option) and hold Aurum 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.

• 13.3. Tasker expressly acknowledges and agrees that by agreeing to the terms and conditions of this Agreement, Tasker intends to perform Transportation Services in a non-‐incidental manner and, as such, Aurum will consider Tasker and its Taskers to be taxable persons in accordance with all applicable VAT and indirect tax legislation.

14.1. Every Tasker of the Tasker shall submit Original RC Book of their respective vehicle and shall issue three post-dated Cheques in favour of Aurum for the purpose of security to Aurum and shall do a police verification for confirmation of current living address before joining and every six months thereafter.

• 14.1. Modification. Aurum reserves the right to modify the terms and conditions of this Agreement at any time, effective upon publishing an updated version of this Agreement on the online portal available to Tasker on the Aurum IT platform. Aurum reserves the right to modify any information referenced at hyperlinks from this Agreement from time to time. Tasker hereby acknowledges and agrees that, by using the Aurum IT platform, or downloading, installing or using the Tasker App, Tasker is bound by any future amendments and additions to this Agreement, information referenced at hyperlinks herein, or documents incorporated herein, including with respect to Fare Calculations. Continued use of the Aurum IT platform or Tasker App after any such changes shall constitute Tasker’s consent to such changes.

• 14.2. Supplemental Terms. Supplemental terms may apply to Tasker’s and Tasker’s use of the Aurum IT platform, such as use policies or terms related to certain features and functionality and/or zero tolerance/shipping policies, which may be modified from time to time (“Supplemental Terms”). Tasker may be presented with certain Supplemental Terms from time to time. Supplemental Terms are in addition to, and shall be deemed a part of, this Agreement. Supplemental Terms shall prevail over this Agreement in the event of a conflict.

• 14.3. Severability. If any provision of this Agreement is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of this Agreement but the legality, validity and enforceability of the remainder of this Agreement shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable (part of the) provision with a (part of a) provision that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable (part of the) provision, given the contents and purpose of this Agreement.

• 14.4. Assignment. Tasker may not assign or transfer this Agreement or any of its rights or obligations hereunder, in whole or in part, without the prior written consent of the other party. Aurum may assign or transfer this Agreement or any or all of its rights or obligations hereunder, in whole or in part, under this Agreement from time to time without consent.

• 14.5. Entire Agreement. This Agreement, including the recitals and all Supplemental Terms, constitutes the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter. In this Agreement, the words “including” and “include” mean “including, but not limited to.” The recitals form a part of this Agreement.

• 14.6. No Third-Party Beneficiaries. Except as otherwise set forth in Paragraph 2.5 above, Tasker acknowledges that there are no third-party beneficiaries to this Agreement. Nothing contained in this Agreement is intended to or shall be interpreted to create any third-party beneficiary claims.

• 14.7. Notices. Any notice delivered by Aurum to Tasker under this Agreement will be delivered by email to the email address associated with Tasker’s account or by posting on the online portal available to the Tasker on the Aurum IT platform. Any notice delivered by Tasker to Aurum under this Agreement will be delivered by contacting Aurum on legal@Aurum.in and/or its support representatives. Additional Territory-‐specific notices may be required from time to time.

• 14.8 Governing Law; Arbitration. This Agreement shall be governed exclusively by laws of India and the Parties expressly submit to the exclusive jurisdiction of the courts of Bangalore. In the event of any dispute, claim or controversy arising under, or in relation to, this Agreement (“Dispute”), such Dispute shall be resolved by arbitration in accordance with the Arbitration and Conciliation Act, 1996. The Dispute shall be settled by a sole arbitrator, jointly appointed by the Parties. If the Parties are unable to appoint a sole arbitrator by way of mutual consent, then such arbitrator shall be appointed pursuant to the provisions of Paragraph 11 of the Arbitration and Conciliation Act, 1996. The seat of arbitration shall be Bengaluru, India and the arbitration proceedings shall be governed by the provisions of the Arbitration and Conciliation Act, 1996, as amended from time to time. All arbitration proceedings shall be conducted in English. The arbitration award shall be final and binding on the Parties and shall be enforceable in any competent court of law, and the Parties agree to be bound thereby and to act accordingly.

By clicking “I accept” on the Aurum App or signing below (as such may be required by applicable law), Tasker expressly acknowledges that Tasker has read, understood, and taken steps to thoughtfully consider the consequences of this Agreement, that Tasker agrees to be bound by the terms and conditions of this Agreement, and that Tasker is legally competent to enter into this Agreement with Aurum.