TERMS & CONDITIONS – SAHAYAK

These terms and conditions for “E-Vehicle Buyer cum Sahayak” shall constitute valid and binding agreement (hereinafter referred to as “Agreement”) between “Cosmo World” and the individuals, Companies, Firms etc. (hereinafter referred to as the “Sahayak”). Both the parties shall be collectively referred to as “Parties” and severally by the names ascribed to them.

This Agreement is a valid and legally enforceable e-contract as per the provisions of Section 10-A of the “Information Technology Act, 2000”. By clicking “Ok” or “I agree” button at the time of sign up and/or continual use of the website www.saharaevols.com including other websites, mobile applications etc. linked with Cosmo World, the Sahayak agrees to be bound and governed by this Agreement. Sahayak is advised to read the terms and conditions carefully before executing this Agreement.

Terms & Conditions

  1. In order to collaborate with Cosmo World for the facilitation of rideshare, delivery, courier, rental etc. business (hereinafter referred to as the “Business Module”), the Sahayak hereby agrees to hire an electric vehicle from Cosmo World on future purchase basis, subject to the terms hereof, and pay minimum cost thereof (hereinafter referred to as the “Reserve Price”) as per the prevailing policies. Individual may also request for the transfer of any vehicle purchase advance paid to the Cosmo World earlier under the Business Module.

  2. Subject to cl.1 above, Cosmo World will assign an electric vehicle in favour of Sahayak and Sahayak hereby unconditionally authorises Cosmo World to engage the vehicle so assigned for the purposes of Business Module on his/her behalf for a period of eleven (11) months from the date of receipt of the Reserve Price to be run and managed by Cosmo World inuring to the benefit of Sahayak (hereinafter referred to as “Assigned Vehicle”).

  3. There shall be a monthly compensation payable to Sahayak out of the income accrued from Assigned Vehicle as per the prevailing policies of Cosmo World, which will be updated on www.saharaevols.com from time to time. Additionally, Sahayak may refer the Business Module to other individuals and earn an additional incentive of upto 2.5% on the accrued compensation of the referee, which will be always subject to the referee’s exit from Business Module or Agreement (hereinafter collectively referred to as “Sahayak Compensation”). Sahayak shall be required to submit necessary documents including PAN, identity proof etc. towards KYC for processing the compensation failing which Cosmo World will not be liable to pay any amount till the submission of documents.

  4. Besides the Sahayak Compensation mentioned above, the Reserve Price of the electric vehicle will also be amortised in equated monthly amounts along with the Sahayak’s Compensation during the validity of this Agreement, subject to the terms hereof. Sahayak Compensation will be paid from the month succeeding the date of receipt of Reserve Price or from such other date as decided by Cosmo World at its sole discretion. Sahayak Compensation will be subject to the statutory deductions.

  5. It is clarified that the present Agreement shall not in any manner constitute the transfer of title, risk qua the Assigned vehicle in favour of Sahayak until the delivery of the electric vehicle in terms of this Agreement. Sahayak’s status shall be merely of a beneficiary of the Business Module with limited rights to the extent of his/ her compensation fixed herein till the validity of this Agreement and Cosmo World will not entertain any request for the personal use or otherwise w.r.t. the Assigned Vehicle from Sahayak.

  6. In case Cosmo World terminates the Agreement within eleven (11) months, Cosmo World will cancel the Assigned Vehicle and return the non-amortised Reserve Price amount lying with it as on the date of termination.

  7. Sahayak may terminate this Agreement anytime after forty-five (45) days from the date of receipt of first Sahayak Compensation but within the validity period of this Agreement;

    (i). by seeking refund of the Reserve Price, subject to an exit charge of Rs. 360/- computed on each Sahayak Compensation paid cycle plus other handling charges as on the date of request for exit and refund. Cosmo World will refund the remaining Reserve Price amount, less the amortised amount already refunded, within fifteen (15) working days from the date of request/ notice for termination from Sahayak.

    Or

    (ii). by purchasing any new vehicle from Cosmo World of any model and variant. In such case, the remaining non-amortized Reserve Price amount, less other handling charges will be adjusted against the vehicle/s actual price and differential cost would be borne by the Sahayak. Delivery of the vehicle shall be subject to the availability of the selected variant at Sahayak’s nearest dealer location. Applicable taxes and other charges shall be charged extra.

    (iii). Notwithstanding anything to the contrary herein, Sahayak’s Compensation including the amortization of Reserve Price amount shall be discontinued and cease to accrue and be paid in case of exit/ termination of this Agreement as per cl. 7 (i) or 7 (ii) above from the date of receipt of such request/ notice for termination from Sahayak and the Agreement shall stand terminated with immediate effect along with the Assigned Vehicle(s) relieved.

  8. This Agreement shall be valid and effective for a period of eleven (11) months from the respective date of receipt of Reserved Price from each Sahayak, unless terminated earlier in accordance to this Agreement.

  9. The Cosmo World shall be relieved from the performance of all duties and obligations under the Agreement due to the event/s of Force Majeure including but not limited to war, calamities, famine, pandemic, sabotage, lockdown, change in policies, fire, Government notifications, orders of judicial authorities etc. or other unforeseen circumstances, now existing to that may occur in future, impairing the timely performance of the obligations herein.

  10. The relationship between Cosmo World and Sahayak hereto shall be non-exclusive and on a Principal-to-Principal basis. Nothing in this Agreement shall be construed to constitute a partnership, agency or Employer- Employee relationship between the Parties.

  11. Cosmo World shall be entitled to add to, vary or amend any or all of these terms and conditions at any time and Sahayak shall be bound by such addition, variation or amendment once such addition, variation or amendment are incorporated into these Terms and Conditions or updated on the www.saharaevols.com. Cosmo World may indicate that such addition, variation or amendment is to come into effect.

  12. The Business Module of Cosmo World is neither an opportunity of investment of any kind nor it guarantees any fixed return on the Reserve Price. Notwithstanding anything contained herein, the maximum liability of Cosmo World in any event shall be restricted and limited to non-amortized Reserve Price only.

  13. This Agreement is non-assignable on part of the Sahayak. Cosmo World shall be free to assign this Agreement to any third party without any prior notice and consent of Sahayak. If the nature of the constitution of the Cosmo World changes anytime during this Agreement then the terms and conditions of this Agreement shall mutatis mutandis apply to such new constitution and the present Agreement shall be deemed assigned for all intent and purposes contained herein. Similarly, the security deposit shall become due and refundable in favour of the assignee constitution.

  14. Any disputes or differences arising out of or pertaining to this Agreement shall be referred to a sole arbitrator appointed by Cosmo World and Sahayak unconditionally agrees for this. Sole Arbitration shall arbitrate the dispute in accordance with the provisions of the Arbitration & Conciliation Act, 1996 and /or any amendments thereto. Arbitration proceedings shall be conducted in Lucknow, Uttar Pradesh.

  15. Subject to arbitration clause, the courts situated at Lucknow, Uttar Pradesh shall have the exclusive jurisdiction to try and adjudicate upon dispute.