Drivars | Codepaix IT Solutions Private Limited | Updated effective from Junuary 1, 2019
This Site/ Application/ Services is/are operated /provided by CODEPAIX Private Limited. These terms and conditions (“Term of use”) apply to your visit and to use of the website and mobile apps.
The term & condition of “The Service and the Application, as well as to all information, recommendations and or services provided to you on or through the website & app, the Service and the Application. This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
YOUR AGREEMENT TO THESE USER TERMS SHALL OPERATE AS A BINDING AGREEMENT BETWEEN YOU AND DRIVARS IN RESPECT OF THE USE AND SERVICES OF THE SITE.
(i) Drivars/Codepaix means “we”,” our” & “us”. “Customer/You”, yourself /yourselves & “Your” shall mean a User, who meets eligibility criteria set out below & who as the account on the Application.
(ii) “Driver / Drivers “shall mean the driver engaged by you by using our website/application. Any incident shall have the meaning as set out the below clauses….
(iv) “Account” shall mean the account created by the Customer on the Application for availing the Services provided by Drivars
(v)”Applicable Laws” shall mean & include all applicable acts of legislature or parliament, laws, rules, order, regulations’, notification, guideline, policy of any government authority or court of India.
(vi) “Website” shall mean the website www.drivars.com/faqs#privacyPolicy & for user “App” means “Drivars” & for drivers “app” means “drivars for driver” which is updated by Drivars from time to time.
(vii) “Service fee” shall mean the fee payable by the customer to Drivars for the service i.e. for using/availing the technology service offered by Drivars. Service fee shall be exclusive of all applicable taxes on the convenience fee, if any.
(viii) “Driver” shall mean & include such individuals as may be evaluated, appointed who have driving license which is given by Government i.e. he know how to drive the vehicles & he know the traffic rules & regulation
(ix) “Fare” shall mean such amount in Indian Rupee, which is shown/ reflected on the application, as the fare payable for the specific service for hourly/ point to point performed by the driver. The Fare Shall be exclusive of all applicable taxes on the fare, if any. The Fare shall be as prescribed by law or government guide line or by relevant Authorities.
(x) “E-Wallet” shall mean a pre –paid instrument, which can be used to make payments.
(xi) “Cancellation” shall mean Fare fee payable towards cancellation of a driver service by a customer in terms of clause in cancellation policy.
(xii) “Force Majeure Event” shall mean any event arising/coming due to any cause beyond the reasonable control of Drivars.
(xiii) “Registration” shall mean that they may include the present, Valid, True, & Correct/Accurate name, Email-id, Phone number & vehicle registration number & such other information as may be required by Drivars from the customer from time to time for registration on the application.
Customer/ organization or business entity to use service only when You fulfill the following condition.
(i)User must be at least 18 years of age to be eligible to use our services.
(ii)You are competent to enter into a contract under the applicable laws, we (Drivars) may, in its sole discretion, refuse the service to anyone at any time.
If you reside in a jurisdiction that restricts the use of the service because of age or ability to enter into contracts such as this you terms due to age , You must abide by such age limit.
You understand that you can register on the site/application after fulfill the requirements of this clause by completing the Registration page. User as ensure that the registration data provided by you is true, correct, accurate, valid & is updated time to time. We shall not bear any false liability, incomplete, old or incorrect registration data provided by you. User is only responsible for maintaining the confidentially of your registration.
Drivars provides a technology based service which enables the hiring of drivers by (daily traveler- a person who travels some distance to work on a regular basis) passengers for a one location to other location pick up and drop off Service, within in-city /outside city, through the Application & through the Website. The Service is designed in such a way to offer you information and a means of obtaining private driver solutions to coordinate location-to-location (one way /short term) and round trip private driver services and for monthly private driver services, at your request. As a User, you authorize Drivars to operate your vehicle and make decisions on your behalf during a period of ride designated by you.
(i)The application & website permits you to avail the driver service offered by Drivars. The service allows you to send a request to a driver on the Drivars Network. The Application or the Website shall detect your location and shall send your location information to the relevant Driver. The driver has sole & complete discretion to accept or reject each request for services, if driver accept the request , Drivars notify you & provide information of the driver – include Driver name, Driving license number, Telephone number of the driver & such other details as Drivars May determine. The Application / Website also allow you to view the Driver’s progress towards the pick-up point, in real time. When driver reach to your location you have to share the OTP with driver to confirm the ride & authenticity of driver. At end of ride drivers will end the ride of your, after that fare details will come.
(ii)Drivars shall responsible to bring you into contact with a Driver in order to avail the Services, subject to the availability of Drivers in or around your location at the moment of your request for such Services.
(iii)By using the service, You further agree that: You will only use the service or download the application for your sole, personal use & will not resell or assign it to a third party, You will not use an account that is subject to any rights of a person other than you without appropriate authorization. You will not use the service for unlawful purpose. You will not try to harm the service in any way.
(iv)You are aware that when requesting service, whether by calling/ message or via site the call center of Drivars, standard charges may applicable, of your & our network service providers will apply.
(v)Drivars itself does not provide motor (automobile/vehicle) services. It is up to the User to offer Vehicle.
(vi)Drivars only acts as intermediary between the Driver and you. The provision of the Services by the Driver to you is, therefore, subject to the agreement (to be) entered into between the Driver and you. We shall under no circumstance be a party to such agreement. We disclaims any and all liability in respect of the Drivers including any claims of employment or any vicarious liability arising out of the Service or otherwise.
5.DEPICTION & AUTHORAIZATION
As essential to your use of the Services, you depiction & authorization that:
(i)The information provided by you to Drivars is correct/true & complete. Drivars service is available for private as well as commercial vehicles with in the city & outside of the city. Private car bear number plate with Black lettering over white coloured background & for commercial vehicles have number plate with Black lettering over yellow coloured background).
(ii)Drivars is entitled, at all times, to verify the information that you have provided and to refuse the Service or use of the Application / Website without providing reasons. You are responsible to check and ensure you download the correct Application for your device or the correct Website in your computers. Drivars will not responsible for wrong version of application & website you are using. When the vehicle is engaging for our services you have to ensure that vehicle is in good condition & meets the ARAI/Government/RTO/Industry safety norms & motor vehicle act.
(iii)You will be entirely responsible for any and all liability which results from or is alleged as a result of the condition of your vehicle, legal compliance, etc., including, but not limited to, personal injuries, death and property damages.
(iv)You will be entirely responsible for the full functionality of your vehicle, If your vehicle fails to perform/function by any manner (electrical, mechanical or other) during the Services are being availed of by you, you and you will be responsible for all the fees, roadside assistance for any kind repair, alternate transportation neither Drivars nor the Driver shall be responsible in any manner whatsoever. You have the legal right to appoint the Driver as your agent and depute actual authority to the Driver to operate your vehicle and make decisions on your behalf for the purposes of providing Services offered through the Drivars.
(v)You are named or scheduled on the insurance policy covering the vehicle you use when engaging our Services.
(vi)You have a valid policy of liability insurance (in coverage amounts consistent with all applicable legal requirements) for the operation of your vehicle to cover any anticipated losses related to your participation in the Services or the operation of your vehicle by the Driver. In the event of a motor vehicle accident you will be entirely responsible for compliance with any applicable department of motor vehicles requirements and for all necessary contacts with your insurance provider. Other than any personal criminal liability attaching to the Driver you will be solely responsible for all consequences arising out of the use of the Service or the Driver. In any event Drivars shall have no responsibility on this account whatsoever.
(vii)You specifically responsible for your 'Sensitive personal data or information’ (as such term is defined in Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011) in order to provide the Services to you.
(viii)Drivars is entitled, at all times, to verify the information that you have provided and to refuse the Service or use of the Application / Website without providing reasons.
(i)Drivars shall charge access fee for the service shall be determined at the sole & entire caution of Drivars. The convenience fee shall be payable by you to Drivars & shall be informed to you before you begin your trip.
(ii)You shall be required to pay such additional fee, which will part of the receipt of the total trip fee.
(iii)You shall be required to pay such cancellation fee in cancellation policy, which will be part of receipt of the total trip fee.
(iv)The total ride fee will be collected by the driver or Drivars app from you at the end of the trip (when driver end the trip on the Drivars app for driver on his device. Then it calculates the total fee amount to you, and then it also appears on your app (Drivars app).
(v) Drivars shall provide a receipt of the Total Ride Fee payable by you at the end of the Ride, however, separate invoices raised by the driver for the Fare and you may raise a request for a copy of the invoices from our Support page.
(vi)You shall choose to pay for the Service Fee by any of the following methods: - Cash payment: Cash payment towards the Total trip Fee after the completion of Ride can be made to the Driver.
Online payment: Online payment options available on the app including payment via the Drivars Wallet where you may have already pre-loaded funds. The usage of the Drivars Wallet shall be subject to the terms and conditions of the third party payment processor providing the mobile payment service on the App. Any payment related issue, except when such issue is due to an error or fault in the Site or Application, shall be resolved between you and the payment processor. Drivars shall not be responsible for any unauthorized use of Your Drivars Wallet.
(vii) Any payment related issue, except when such issue is due to an error or fault in the Site, shall be resolved between you and the Payment Processor. Drivars shall not be responsible for any unauthorized use of Your E-Wallet during or after availing the Services on the Site.
7.1. You agree and acknowledge that You may cancel Your request for a ride from a Driver at any point of time subject to a Cancellation Fee as explained below:
In all categories, Cancellation Fee will be charged
• If you cancel after 20 minutes after the Driver is allotted for in-city & outstation is 40 minutes then there is no cancellation charge.
• If after confirmation of drivers OTP, you will cancel the trip then cancellation charge will be applicable i.e. 100 INR per trip.
If you cancel the trip on mid of the trip then cancellation may applicable i.e. 100 INR.
8.DAMAGE TO PROPERTY
Drivars are not responsible for damage or loss of any personal belongings or intellectual property whilst providing the Services. These include tapes, records, discs or other similar audio visual or data electronic devices, any other accessories of any kind. It is your responsibility to ensure that you remove/check any personal belongings from the car before and after each trip.
The User shall defend, protect and hold, Drivars, its associate and each of their officers, directors, other users, employees, attorneys and agents, harmless, from and against any and all claims, costs, damages, losses, liabilities and expenses (including lawyer' fees and costs) arising out of or in connection with the:
User shall not misbehave with the Driver or distract the Driver or act in violation of Applicable Law. In the event user are found to be involved in the activities set out above, User shall be liable to pay a fine to us and we shall also have the right to terminate the trip. In the event you fail to pay fine after the completion of the trip, we may at our discretion, take such steps as may be available to us under Applicable Law. User shall also be blacklisted as a result of non-payment of the fine or misbehaving as the case may be, and in such event, Your Account may be terminated by Drivars.
11.CUSTOMER RELATIONSHIP MANAGEMENT
(i)All issues, opinions, suggestions, questions and feedback while availing our Services shall be communicated to us through email address at email@example.com. In case of a trip booked on our Application, You shall be required to rate the Ride after its termination. You agree to be fair, accurate and non-disparaging while leaving feedbacks, reviews on or about the trip or Services.
(ii) Reporting of any issue needs to be within week of the happening of the issue, failing which, such issue will not be addressed.
We shall not be liable for any failure to perform any obligations under this User Terms, if the performance is prevented, hindered or delayed by a Force Majeure Event and in such case our obligations under this User Terms shall be suspended for so long as the Force Majeure Event continues.
13.INTELLECTUAL PROPERTY OWNERSHIP
Drivars is the sole owner (and its licensors, where applicable) of all right for its content & all related intellectual property rights, in and to
(i)The website, Application, product, Service and any suggestions, feedback, recommendations, text, graphics, user/visual interfaces, photographs, trademarks, music, sounds, videos, Logos, computer code or other information provided by you or any other party relating to the Site.
(ii) All content on this Website/Application is the copyright of drivars except the third party content and link to third party website on our Website/Application, if any Third party trademarks may appear on this Site/ Application and all rights therein are reserved to the registered owners of those trademarks. For use of any third party's intellectual property, You need to get permission directly from the owner of the intellectual property for any use.
(iii) You may use information on the Site purposely made available by Drivars for Downloading from the Site provided that You:
You may access the Website/Application, avail of the features, facilities and Services for your personal or internal requirements only. You are not entitled to duplicate, distribute, create, display, or commercially exploit the Website/Application Content, features or facilities, directly or indirectly, without our prior written permission of Drivars.
You do not remove any proprietary notice language in all copies of such documents and make no modifications to the information; use such information only for Your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media; or do not make any additional representations or warranties relating to such information.
14.INVALIDITY OF ONE OR MORE PROVISIONS
The invalidity of any term of these User Terms shall not affect the validity of the other provisions of these User Terms. If and to the extent that any provision of these User Terms is invalid, or is unacceptable in the given circumstances, a provision shall apply between the parties instead that is acceptable considering all the circumstances, taking into account the content and the purpose of these User Terms.
In the event of any contradiction or inconsistency between this User Terms and any other agreement executed between You and Drivars, the terms of the User Terms shall prevail unless the exception has been expressly agreed to in writing by making reference to the relevant Clause sought to be modified under this User Terms.
(i)You agree that Drivars is merely an electronic platform to facilitate aggregation of Vehicles and does not in any manner provide transportation services. Drivars also does not guarantee or provide assurance in respect of the behaviour, actions or data of the users posted on the Site.
(ii) We do not authorize anyone to make a warranty on Our behalf and You shall not rely on any statement of warranty as a warranty by Us.
(iii) This Site, Application and all content on the Site and the Application are provided on an “as is” basis without warranties of any kind, either express or implied, including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose. You acknowledge, by Your access of the Site and/or Application, that Your access of the Site and/or Application and availing of Services is at Your sole risk, that You assume full responsibility for Your access and use of the Site and/or Application, and that Drivars shall not be liable for any damages of any kind related to Your access and use of this Site and/or Application.
(iv)Drivars is not engaged in the insurance business and does not provide any insurance services. Drivars has facilitated provision of insurance services for the benefit of Customers, under group travel insurance policies availed from insurance companies, whereby Drivars is acting as the group manager of the policy.
(i)Drivars may give notice by means of a general notice on the Service or Application, or by electronic mail to your email address or a message on Your registered mobile number, or by written communication sent by regular mail to Your address on record in Ola’s account information.
(ii)You may contact Drivars by electronic mail at our email address firstname.lastname@example.org or by written communication sent by regular mail to our address at 204 ekta apartment, vishnupuri, Indore (M.P.)
You shall not assign Your rights under these User Terms without prior written Approval of Drivars. Only Drivars can assign its rights under the User Terms to any affiliate.