Terms & Condition

Effective Date: 3rd July 2019

1. CONTRACTUAL RELATIONSHIP

These Terms of Use (“Terms”) govern your access to and use of applications, websites, content, products, and services (collectively, the “Services”) offered by Drivers4U, a liability company established in India. By accessing or using the Services, you agree to be bound by these Terms, establishing a contractual relationship with Drivers4U. If you disagree with any part of these Terms, you may not access or use the Services. These Terms override any prior agreements you may have with Drivers4U. Drivers4U reserves the right to terminate or modify these Terms or Services at any time.

2. We Have Drivers For You Not Vehicles

We connect you with professional, well-versed, and liable drivers, but the vehicles they use are not possessed, managed, or maintained by us. The maintenance, performance, and safety of the vehicle fall under the driver's liability.

User’s Responsibility And Meeting Traffic Laws. Following traffic rules and taking safety protection is the user’s responsibility for a safe and effortless ride. Enjoy your ride and let’s keep it safe!

3. THE SERVICES

The Services provided by Drivers4U include a technology platform that connects users to independent third-party providers of transportation and logistics services. These services are arranged through Drivers4U' mobile applications or websites. The Services may include payment facilitation, trip-related support, pickup arrangements, and ride passes offering discounted rides. You acknowledge that Drivers4U does not directly provide transportation or logistics services, and such services are provided by independent third-party contractors.

4. LICENSE

Subject to compliance with these Terms, Drivers4U grants you a limited, non-exclusive, non-sublicensable, revocable, and non-transferable license to access and use the Applications solely for personal, non-commercial purposes. All other rights are reserved by Drivers4U and its licensors.

5. RESTRICTIONS

You agree not to: (i) remove copyright or proprietary notices from the Services, (ii) reproduce, modify, or distribute the Services except as permitted by Drivers4U, (iii) decompile, reverse engineer, or disassemble the Services, (iv) link to or mirror any part of the Services, (v) scrape, index, or data mine the Services, (vi) attempt to gain unauthorized access to the Services or its systems.

6. PROVISION OF THE SERVICES

The Services may be offered under different brands associated with Drivers4U, such as "Captain", "Driver", "Chauffeur", and "Valet". These Services may also be provided through Drivers4U’ subsidiaries or independent third-party providers, including transportation network company drivers.

7. THIRD PARTY SERVICES AND CONTENT

The Services may be accessed in conjunction with third-party services and content, which may have their own terms of use and privacy policies. Drivers4U does not endorse third-party services, and is not responsible for their products or services. Devices such as iOS, Android, Windows, or BlackBerry may also have their own terms, and by using Drivers4U’ services on these devices, you agree to those terms.

8. USER ACCOUNTS

To use most aspects of the Services, you must register for a personal account. You must be at least 18 years old or the legal age of majority in your jurisdiction to create an account. You agree to provide accurate, up-to-date information and maintain the security of your account details. You are responsible for all activity under your account.

9. USER REQUIREMENTS AND CONDUCT

The Services are not available for users under the age of 18. You must use the Services only for lawful purposes and comply with all applicable laws. You are prohibited from causing nuisance, damage, or engaging in unlawful activities when using the Services. Failure to comply with these terms may result in denial of access to the Services.

10. TEXT MESSAGING

By creating an account, you consent to receiving informational text (SMS) messages related to your use of the Services. You can opt-out of these messages by contacting support@Drivers4U.com. Opting out may affect your ability to use certain Services.

11. PROMOTIONAL CODES

Drivers4U may offer promotional codes (“Promo Codes”) that can be redeemed for credits, discounts, or other benefits. Promo Codes must be used in accordance with Drivers4U’ terms and may not be sold or transferred. Drivers4U reserves the right to disable or modify Promo Codes at its discretion.

12. USER PROVIDED CONTENT

Drivers4U may, in Drivers4U sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Drivers4U through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions (“User Content”). Any User Content provided by you remains your property. However, by providing User Content to Drivers4U, you grant Drivers4U a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sub-license, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Drivers4U business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity. You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant Drivers4U the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor Drivers4U use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Drivers4U in its sole discretion, whether or not such material may be protected by law. Drivers4U may, but shall not be obligated to, review, monitor, or remove User Content, at Drivers4U sole discretion and at any time and for any reason, without notice to you.

13. NETWORK ACCESS AND DEVICES

You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. Drivers4U does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

14. PAYMENT

You understand that use of the Services may result in charges to you for the services or goods you receive from Drivers4U and / or a Third Party Provider (“Charges ”). After you have received services or goods obtained through your use of the Services, Drivers4U will facilitate your payment of the applicable Charges received on behalf of the Third Party Provider as such Third Party Provider’s limited payment collection agent. Payment of such Charges in such manner shall be considered the same as payment made directly by you to the Third Party Provider. All Charges will be inclusive of applicable taxes where required by law. Drivers4U reserves the right to charge you amounts for, among others, applicable tolls, fees and charges incurred for the provision of services by the Third Party Providers, charges for the Services, pickup facility provided at various places, each along with applicable taxes (including but not limited to GST). Please note that Drivers4U shall determine the city in which your trip commences as your address on record of Drivers4U, wherever available. Charges paid by you are final and non-refundable, unless otherwise determined by Drivers4U. You retain the right to request lower Charges from a Third Party Provider for services or goods received by you from such Third Party Provider at the time you receive such services or goods. Drivers4U will respond accordingly to any request from a Third Party Provider to modify the Charges for a particular service or good. All Charges are due immediately and payment will be facilitated by Drivers4U using the preferred payment method designated in your Account, after which Drivers4U will send you a receipt by email. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that Drivers4U may use a secondary payment method in your Account, if available. As between you and Drivers4U, Drivers4U reserves the right to establish, remove and/or revise the Charges for any or all services or goods obtained through the use of the Services at any time in Drivers4U sole discretion. Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase substantially during times of high demand. Drivers4U will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. Drivers4U may from time to time provide certain users with promotional offers, subscriptions and discounts that may result in discounted amounts charged for the same or similar services or goods obtained through the use of the Services, and you agree that such promotional offers,subscriptions and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. You may elect to cancel your request for services or goods from a Third Party Provider at any time prior to such Third Party Provider’s arrival, in which case you may be charged a cancellation fee. This payment structure is intended to compensate the Third Party Provider and Drivers4U for the services or goods provided. Except with respect to taxicab transportation services requested through the Application, Drivers4U does not designate any portion of your payment as a tip or gratuity to the Third Party Provider. Any representation by Drivers4U (on Drivers4U website, in the Application, or in Drivers4U marketing materials) to the effect that tipping is “voluntary,” “not required,” and/or “included” in the payments you make for services or goods provided is not intended to suggest that Drivers4U provides any additional amounts, beyond those described above, to the Third Party Provider. You understand and agree that, while you are free to provide additional payment as a gratuity to any Third Party Provider who provides you with services or goods obtained through the Service, you are under no obligation to do so. Gratuities are voluntary. After you have received services or goods obtained through the Service, you will have the opportunity to rate your experience and leave additional feedback about your Third Party Provider.

15. REPAIR OR CLEANING FEES

You shall be responsible for the cost of repair for damage to, or necessary cleaning of, Third Party Provider vehicles and property resulting from use of the Services under your Account in excess of normal “wear and tear” damages and necessary cleaning (“Repair or Cleaning”). In the event that a Third Party Provider reports the need for Repair or Cleaning, and such Repair or Cleaning request is verified by Drivers4U in Drivers4U reasonable discretion, Drivers4U reserves the right to facilitate payment for the reasonable cost of such Repair or Cleaning on behalf of the Third Party Provider using your payment method designated in your Account. Such amounts will be transferred by Drivers4U to the applicable Third Party Provider and are non-refundable.

16. DISCLAIMER

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” Drivers4U DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, Drivers4U MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. Drivers4U DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

17. LIMITATION OF LIABILITY

Drivers4U SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF Drivers4U HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Drivers4U SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF Drivers4U HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Drivers4U SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND Drivers4U REASONABLE CONTROL. YOU ACKNOWLEDGE THAT THIRD PARTY TRANSPORTATION PROVIDERS PROVIDING TRANSPORTATION SERVICES REQUESTED THROUGH SOME REQUEST BRANDS MAY OFFER RIDESHARING OR PEER-TO-PEER TRANSPORTATION SERVICES AND MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED. IN NO EVENT SHALL Drivers4U TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED FIFTY THOUSAND. Drivers4U SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATION, GOODS OR LOGISTICS SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT Drivers4U HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION, GOODS OR LOGISTICS SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS. THE LIMITATIONS AND DISCLAIMER IN THIS SECTION 5 DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.

18. INDEMNITY

You agree to indemnify and hold Drivers4U and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) Drivers4U use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Providers.

19. GOVERNING LAW & ARBITRATION

Except as otherwise set forth in these Terms, these Terms shall be exclusively governed by and construed in accordance with the laws of India. Any dispute, conflict, claim or controversy arising out of or broadly in connection with or relating to the Services or these Terms, including those relating to its validity, its construction or its enforceability (any “Dispute”) shall be first mandatory submitted to mediation proceedings in terms of the Indian law. If such Dispute has not been settled within sixty (60) days after a request for mediation has been submitted under the Indian laws, such Dispute can be referred to and shall be exclusively and finally resolved by arbitration under the Arbitration and Conciliation Act, 1996 (“Act”). The Dispute shall be resolved by one (1) arbitrator to be appointed in accordance with the Act. The place of both mediation and arbitration shall be India. The language of the mediation and/or arbitration shall be English, unless you do not speak English, in which case the mediation and/or arbitration shall be conducted in both English and your native language. The existence and content of the mediation and arbitration proceedings, including documents and briefs submitted by the parties, any correspondence correspondence from the mediator, and correspondence, orders and awards issued by the sole arbitrator, shall remain strictly confidential and shall not be disclosed to any third party without the express written consent from the other party unless: (i) the disclosure to the third party is reasonably required in the context of conducting the mediation or arbitration proceedings; and (ii) the third party agrees unconditionally in writing to be bound by the confidentiality obligation stipulated herein.

20. CLAIMS OF COPYRIGHT INFRINGEMENT

Claims of copyright infringement should be sent to Drivers4U designated agent. Please visit Drivers4U web page at https://www.Drivers4U.com/privacy for the designated address and additional information. NOTICE. Drivers4U may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, or by written communication sent to your address as set forth in your Account. You may give notice to Drivers4U by written communication to Drivers4U address as mentioned above GENERAL. You may not assign or transfer these Terms in whole or in part without Drivers4U prior written approval. You give your approval to Drivers4U for it to assign or transfer these Terms in whole or in part, including to: (i) a subsidiary or affiliate; (ii) an acquirer of Drivers4U equity, business or assets; or (iii) a successor by merger. No joint venture, partnership, employment or agency relationship exists between you, Drivers4U or any Third Party Provider as a result of the contract between you and Drivers4U or use of the Services. If any provision of these Terms 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 these Terms but the legality, validity and enforceability of the other provisions in these Terms shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Terms. These Terms constitute 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 these Terms, the words “including” and “include” mean “including, but not limited to.”

21. Drivers4U GUIDELINES FOR LAW ENFORCEMENT AUTHORITIES

The following guidelines are intended to inform law enforcement about the legal process for seeking records from Drivers4U. These are merely guidelines, and this information may change at any time. For private party requests, including requests from civil litigants and criminal defendants, we recommend browsing Guidelines for Third Party Data Requests.

22. WHAT IS Drivers4U AND WHAT RECORDS DO WE HAVE?

Drivers4U is a technology company that has developed an app that connects users (riders) with driver partners who provide transportation to the user. Drivers4U is not a transportation carrier, and does not employ any drivers. Users can use the Drivers4U App to request transportation via their smartphone, the web, or via SMS. Drivers4U users can choose from a variety of drivers available in his or her location. At the end of the ride, both the driver partner and user receive a copy of the fare receipt. More information about our services is available here. We store and maintain information as described in our Privacy Statements and our Terms of Use.

23. HOW DOES Drivers4U HANDLE EMERGENCY REQUESTS?

We have a process for evaluating requests on an emergency basis where there is an emergency that involves protecting a user, driver partner, or third party or stopping illegal activity that poses an immediate threat of death or serious bodily harm. Requestor must submit an Emergency Request Form (which can be requested through info@dr