Landlord Terms

THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF INFORMATION TECHNOLOGY ACT, 2000 AND RULES THEREUNDER AS APPLICABLE AND THE PROVISIONS PERTAINING TO ELECTRONIC RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000.

The Company provides technology-based services for (i) facilitating on-demand parking services, (ii) users to park their vehicle from any location through the Landlords (defined hereinafter) and (iii) Connect the users with merchants/stores and buy items from such stores and get them delivered to them by the Landlords (collectively "Services") between Landlords and commuters by means of the Company's website and the mobile application "Karking" (" Portal"). The Services are provided by means of empty spaces ("Parking lot") offered by third party landowners or corporation ("Landlords") who wish to offer such Services.

On the basis of the representations and warranties provided by the Landlord, the Company has agreed to list the Parking lot

(s) on the Portal to enable the Landlord to provide the Services through the Portal in accordance with the terms and conditions as hereinafter provided ("T&Cs").

1. GENERAL COVENANTS

1. The Landlord must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18 years), to provide Services.
2. The Company shall take the booking request and forward it to the Landlord through an app-based device operating on GPS-GPRS based device installed in the parking space the Landlord is prohibited from accepting a service through street hailing while using the Portal..
3. The Company reserves the right to discontinue or introduce any of the modes of booking Parking space and/or for providing services . At no time whatsoever shall the Landlord tamper, damage, open or do anything to the vehicle that he/she is not specifically permitted to do during the course of providing the Services.
4. The Company may monitor and record calls made to the Users, for the purpose of training and improving customer care services, including complaint handling.
5. The Landlord shall not reject request of services from a Customer, except when deemed absolutely necessary and/or under exceptional circumstances.
6. The Landlord warrants that the information it provides to the Company is accurate and complete. The Company is entitled at all times to verify the information that has been provided.
7. The Landlord will refrain from doing anything which the Company reasonably believes to be disreputable or capable of damaging the Company's reputation and will comply with all applicable laws of the Republic of India.
8. In relation to the Portal, the Landlord agrees to:
1. not authorize others to use his account on the Portal;
2. not assign or otherwise transfer his account to any other person or legal entity;
3. not use the Portal for unlawful purposes, including but not limited to sending or storing any unlawful material or for fraudulent purposes;
4. not use the Portal to cause nuisance, annoyance or inconvenience;
5. not impair the proper operation of the network;
6. not try to harm the Portal in any way whatsoever;
7. not copy, or distribute any content on the Portal without written permission from the Company;
8. keep secure and confidential the account password or any identification which the Company may provide to the Landlord which allows access to the Portal;
9. provide the Company with whatever proof of identity the Company may request.
1. The Company reserves the right to immediately terminate the use of the Portal by the Landlord if he does not comply with any of the above rules in Clause 1.6.

2. PAYMENT TERMS

1. The Company has the discretion to charge any such fees from the Landlord as updated on the Portal from time to time.
2. The Company charges a convenience fee from the commuters for providing the Services through the Landlords. Further, the Landlord authorizes the Company to collect the service/parking fee ("Fare") from the users on behalf of the Landlords.
3. There is no in-cash transaction for parking fee, all the transaction made through online, Landlord will get their commission by weekly/monthly.

3. REPRESENTATIONS AND WARRANTIES

The Landlord and the Company represent that:

1. they have all requisite power and authority to, deliver and perform the obligations imposed herein;
2. the execution and performance of the obligations do not and will not violate any provision of any existing agreement, law, rule, regulation, any order or judicial pronouncement which is applicable to each party;
3. they have not been convicted by any court in India or any other country of any crimes including but not limited to involving moral turpitude.

The Landlord hereby represents that:

1. he/she has the requisite authority or assignment to park the Vehicle and there are no restrictions with respect to the use of the parking space that will hinder the Landlord from the performance of the Services using the Portal;
2. he/she has all rights, licenses, and permits as may be required under applicable laws to perform the Service in accordance with these T&Cs;
3. he/she shall hold and keep updated/renewed licenses, permits necessary for the use of Parking Spaces.
4. he/she shall follow traffic regulations and all applicable laws during the performance of the Services, not consume liquor/cigarette/bidi, or any other kind of intoxicant while performing the Services and shall have and hold a valid driving license and registration/insurance papers for the Vehicle at all times. The Landlord shall not take any personal calls except in the event of an emergency, without prejudicing the safety of the Vehicle and the customer. The Landlord shall take all calls from the customer and the Company only after stopping the Vehicle at an appropriate location to take the call, without being a hindrance to the traffic around him or without violating any traffic rules.
5. he shall provide the services in a courteous and professional manner as reasonably expected by a service provider providing the Services.
6. he shall at all times during which he is undertaking the Services, maintain dress, appearance, and hygiene codes.
7. he shall perform its obligations with promptness and use reasonable care and skill and in accordance with standards of diligence, care, skill, quality and integrity to be reasonably expected of an experienced and reputable provider of Services;
8. he shall provide Services in accordance with all the specifications that may be prescribed and formulated by the Company from time to time;
9. he shall follow all the SOPs that may be prescribed and formulated by the Company from time to time;
10. he shall not carry any weapons, firearms, ammunition, explosive devices and dangerous substances during performance of the Services;
11. he shall not seek any extra monetary compensation from the User for the completion of Services by way of tips;
12. he shall perform each parking in the most efficient manner possible and shall make best efforts to adhere to the timelines prescribed.
13. he shall not consume any alcoholic beverages or any other intoxicating/banned substances prior to or during the performance of the Services.
14. his total earnings for any given financial year do not exceed INR 20,00,000 (Rupees Twenty Lakhs) and that he is an unregistered GST service provider.
15. he covenants that he shall promptly inform the Company in case his total earnings exceeds or is expected to exceed INR 20,00,000 (Rupees Twenty Lakhs) in a financial year

4. RELATIONSHIP BETWEEN THE PARTIES

1. Independent Contractor: The Landlord shall operate as and have the status of an independent contractor. The relationship between the Company and the Landlord is on a principal-to-principal basis. The Company and the Landlord are independent legal entities, and nothing in these T&Cs will be construed to create a partnership, joint venture, an association of persons, agency (disclosed or undisclosed), franchise, sales representative, or employment relationship between the Company and the Landlord. It is clarified that the Landlord will not have any right to conclude any contract for and / or on the behalf of the Company.

5. Landlord INFORMATION

1. Karking may collect Landlord Information at the time of onboarding of the Landlords, to establish the identity of the Landlords. Karking reserves the right to store, process, access and use the Landlord Information for business purposes and needs, background check, verification, marketing, service, development, analytics, research, and any other purpose as Karking may deem fit and in accordance with Applicable Law. The Landlord hereby expressly consents to such collection and use of Landlord Information.
2. Subject to applicable laws, Karking may provide to a third party, governmental agency, judicial body, any Landlord Information or information relating to the Landlord, if there is a complaint, dispute or conflict, including any accident involving a Landlord on one hand and end-consumer, or a third party on the other hand;
3. "Landlord Information" shall mean and include any personal data collected from the Landlord including know your customer documents with Landlord's bank, copies of valid government-issued vehicle registration certificate, mobile number, bank account details, vehicle insurance copy, driving license, identity proof, residence proof, location data, proof of ownership of Landlords' land and any other information that Karking may deem fit;

6. CONFIDENTIALITY

1. The Landlord shall keep confidential all data including customer details, market information, all work products and documents related thereto, the contents of the Portal and shall not sell or otherwise make that information available to any third parties. Except as otherwise agreed, the data of customers will be the exclusive property of the Company, and the Landlord will not use the same for any purpose or distribute such data in any form or means except for the purpose of providing the Services and other than as permitted by the Company and shall keep it confidential at all times.

7. INDEMNITY

1. The Landlord agrees to indemnify, defend and hold the Company harmless from and against any claim, liability, obligation, loss, damage, deficiency, assessment, judgment, cost or expense (including, without limitation to costs and expenses incurred in preparing and defending against or prosecuting any litigation, claim, action, suit proceeding or demand) of any kind or character, arising out of or in any manner incidental, relating, or attributable to any inaccuracy, breach, or failure by the Landlord to perform its obligations under these T&Cs or the applicable laws in relation to performance of the Services.

8. DISCLAIMER OF WARRANTIES

1. THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICES AND/OR THE PORTAL. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICE AND/OR THE PORTAL WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY SERVICES, INFORMATION OBTAINED BY YOU THROUGH THE PORTAL WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS IN THE SERVICES AND/OR THE PORTAL WILL BE CORRECTED, OR (F) THE PORTAL OR THE SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, THE PORTAL IS PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS. All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby excluded and disclaimed to the highest and maximum extent. The Company makes no representation, warranty, or guarantee as to the reliability, safety, timeliness, quality, suitability or availability of the Portal. You acknowledge and agree that the entire risk arising out of your use of the Portal remains solely and absolutely with you and you shall have no recourse whatsoever to the Company.
2. The Portal may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications including the device used by you being faulty, not connected, out of range, switched off or not functioning. The Company is not responsible for any delays, Service failures, damages or losses resulting from such problems.

9. LIMITATION OF LIABILITY

1. The Company is not liable to the Landlord, for any condition, suitability, quality, merchantability and fitness for any purposes in respect of the Portal or the services provided through the Portal and is not liable for any civil, criminal, tortious, or any other liability, that may accrue as a consequence of the use and access of the Portal.
2. To the extent permissible under applicable laws, the Company is not liable for any civil, criminal, tortious, or any other liability, that may accrue as a consequence of the breach by the Service Provider (a) of the applicable laws in respect of the use of the Portal or providing the Services; (b) of the terms of the applicable licenses and permits that are issued by the transport authorities; (c) of the terms of these T&Cs; or (d) of the duty of care the Landlord owes to the users of the Portals.
3. The Company is not responsible for the behaviour, actions or inactions of the Landlord, quality of the Vehicle. Any contract for the provision of Vehicle is exclusively between the customer and the Landlord and the Company is not a party to the same
4. All rights not otherwise claimed under these T&Cs or by the Company are hereby reserved. The information contained in this Portal is intended, solely to provide general information for the personal use of the reader, who accepts full responsibility for its use.
5. The Company does not represent or endorse the accuracy or reliability of any information or advertisement contained on, distributed through, or linked, downloaded or accessed from any of the services contained on the Portal, or the quality of any products, information or other materials displayed, or obtained by you as a result of any product, information or other materials displayed, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the service.
6. The Landlord shall not do the following:
1. license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Portal in any way;
2. modify or make derivative works based upon the Portal;
3. create internet "links" or "frame" or "mirror" any application on any other server or wireless or internet-based device;
4. reverse engineer or access the Portal in order to:
   1. design or build a competitive product or service,
   2. design or build a product using similar ideas, features, functions or graphics of the Portal, or
   3. copy any ideas, features, functions or graphics of the Portal, or
   4. launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Portal.

10. TERM AND TERMINATION

Company is entitled to terminate the contract at all times and with immediate effect (by disabling the Landlord's registration on the Portal and use of the Portal) for:

1. Any violation or breach of any term of these T&Cs; or
2. If the Landlord, in the opinion of the Company, misuses the Portal.
3. failure to verify or authenticate Landlord Information;
4. any action or omission by the Landlord which can cause legal or contractual liability for Karking including but not limited to fraudulent conduct, customer complaints, continuous unsatisfactory reviews by the Restaurant Partners or the Users, misconduct, negligence, and all other actions specifically prohibited under Applicable Law.
5. Karking is also at liberty to terminate the contract at their discretion, where, in their opinion, continuance of the services of Landlord is detrimental to the business interest of Karking due to the acts of the Landlords, such as the following:
   1. Misbehavior, rude behavior with the staff of Karking, customers or any other persons associated with the Karking.
   2. Any acts involving criminal offence punishable under law, including physical assault, threatening any of the staff of Karking, person associated with Karking and any other persons.
   3. iii)Concealment of fact/material information while entering into a contract with Karking.
   4. Poor & irregular for work, meetings and failure to abide by the rules/terms of the contract.
   5. Drunk while on duty and drunken behavior.
   6. Commission of fraud/ misappropriation/embezzlement for undue monetary gain, which is against the interest of the Karking.
   7. vii)Negligence in performing the duty, causing damage of moveable and immoveable assets of Karking, its employees, customers.
   8. viii)Indulging in spreading content through digital media, social networking sites, or any other form, which could be detrimental to Karking's brand and its image.
   9. Indulging in acts such as creating ruckus/ strike/ or any activity against Karking, which could be detrimental to the Karking's brand and its image.
   10. Indulging in unauthorized disclosure of confidential information of Karking to external agency, person, Karking or organization.
   11. Misuse of assets provided by Karking and welcome kits, which could be detrimental to the interest of Karking's brand and its image.
   12. xii)Absconding for more than 4 hours with any asset, money or any other valuable item belonging to Karking, its employees, customers or other staff member(s).
   13. xiii)Failure to abide by any of the rules and guidelines given by Karking as part of service quality standards and principles.
   14. xiv)Doing any act unbecoming of a Landlord.
   15. xv)In case the background check, whether wholly or partially, is found negative at any point of time during the term of these T&Cs.

The Company is not obliged to give notice of the termination of the contract in advance

11. GOVERNING LAW, JURISDICTION AND DISPUTE RESOLUTION

1. These T&Cs shall be governed by and interpreted in all respects in accordance with the laws of the Republic of India.
2. Subject to the provisions made in Clause 9.3, the parties hereby submit to the exclusive jurisdiction of the courts of Bangalore, India.
3. All disputes arising out of or in relation to these T&Cs shall be settled amicably by the parties. In the event no amicable settlement is arrived at within a period of 15 (fifteen) days from the date of first initiation of the dispute by one party to other, the parties shall resolve the dispute by means of arbitration pursuant to the Arbitration and Conciliation Act, 1996.
4. The arbitration proceedings shall be conducted by an arbitral tribunal comprising of 1 (one) arbitrator mutually appointed by you and the Company.
5. The arbitration proceedings shall be conducted in English language only and the seat for arbitration shall be Bangalore, India.
6. The award of the arbitral tribunal shall be final and binding.

12. ASSIGNMENT

The Landlord may not assign its rights or obligations under these T&Cs without prior written approval of the Company.

13. AMENDMENT

These T&Cs may be amended from time to time and as and when required, at the discretion of the Company.

14. SEVERABILITY

If any provision or any part of a provision of these T&Cs is invalid, unenforceable or prohibited by applicable laws of the Republic of India , such provision or part of provision shall be severed from these T&Cs and shall be considered divisible as to such provision or part thereof and such provision or part thereof shall be inoperative and shall not be part of the consideration moving between you and the Company hereto and the remainder of these T&Cs shall be valid and binding and of like effect as though such provision was not included herein.

15. INSURANCE

The Company at its sole discretion may insure the Landlord against any accident suffered by the Landlord during provision of Services by the Landlord using the Portal. The Company reserves the right to recover any amount paid by the Company in lieu of the insurance from the Landlord.

16. NOTICES

The Company may give notice by means of a general notice on the Portal, or by electronic mail to your email address on record in the Company's account information, or by written communication sent by regular mail to the Landlord's address on record in the Company's account information.