- Contractual Relationship
These terms of service constitute a legally binding agreement (the “Agreement”) between you and your local DRIVAL entity.
This Agreement governs your use of the DRIVAL application, website, call centre and technology platform (collectively, the “DRIVAL Platform”). Generally, the right to operate the DRIVAL Platform is licensed by DRIVAL to its relevant Affiliates, and the relevant Affiliate in your jurisdiction provides you the right to access and use the DRIVAL Platform in your jurisdiction.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING THE DRIVAL PLATFORM. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT USE OR ACCESS THE DRIVL PLATFORM.
Your access and use of the DRIVAL Platform constitutes your agreement to be bound by this Agreement, which establishes a contractual relationship between you and DRIVAL. DRIVAL may immediately terminate this Agreement with respect to you, or generally cease offering or deny access to the DRIVAL Platform or any portion thereof, at any time for any reason without notice.
Supplemental terms may apply to certain Services (as defined below), such as policies for a particular event, loyalty program, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Services. Supplemental terms are in addition to, and shall be deemed a part of, this Agreement for the purposes of the applicable Services. Supplemental terms shall prevail over this Agreement in the event of a conflict with respect to the applicable Services.
DRIVAL may amend this Agreement from time to time. Amendments will be effective upon DRIVAL’S posting of an updated Agreement at this location or the amended policies or supplemental terms on the applicable Service. Your continued access or use of the DRIVAL Platform after such posting constitutes your consent to be bound by this Agreement, as amended.
- The DRIVAL Platform
The DRIVAL Platform provides a digital network which functions as a marketplace where persons (“Users”) who seek personal transportation services, the delivery of goods, products, medicines, restaurant meals, e-payment services, and/or logistics services (“Services”) can be matched with persons , including drivers (“Captains”) who can provide the Services. Each User shall create a User account that enables access to the DRIVAL Platform. Any decision by a User to make use of or accept Services is a decision made in such User’s sole discretion. Each Service provided by a Captain or other third party provider to a User shall constitute a separate agreement between such persons.
With respect to restaurant meals, DRIVAL is a business where the food is prepared and provided by independent restaurants (our ” Restaurant Partners”) and delivered by Captains.
Materials posted on the DRIVAL Platform are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to the DRIVAL Platform, or by anyone who may be informed of any of its contents.
We aim to update the DRIVAL Platform regularly and may change the content at any time. If the need arises, we may suspend access to the DRIVAL Platform and the Services or close them indefinitely. Any of the material on the DRIVAL Platform or the Services may be out of date at any given time, and we are under no obligation to update such material.
YOU ACKNOWLEDGE THAT NEITHER DRIVAL NOR ITS AFFILIATES PROVIDE TRANSPORTATION, GOODS OR LOGISTICS SERVICES OR FUNCTION AS A TRANSPORTATION, GOODS OR LOGISTICS CARRIER OR A TRANSPORTATION, GOODS OR LOGISTICS SERVICE PROVIDER, OR OWN ANY VEHICLES FOR TRANSPORTATION, GOODS OR LOGISTICS AND THAT ALL SUCH SERVICES ARE PROVIDED BY INDEPENDENT THIRD PARTY CONTRACTORS WHO ARE NOT EMPLOYED BY DRIVAL OR ANY OF ITS AFFILIATES.
Subject to your compliance with this Agreement, DRIVAL grants you a limited, non-exclusive, non-sub-licensable, revocable, non-transferrable license to: (i) access and use the DRIVAL Platform on your personal device solely in connection with your use of the DRIVAL Platform; and (ii) access and use any content, information and related materials that may be made available through the DRIVAL Platform, in each case solely for your personal, non-commercial use. Any rights not expressly granted herein are reserved by DRIVAL and DRIVAL’S licensors.
Third Party Services and Content.
DRIVAL Platform Ownership.
The DRIVAL Platform and all rights therein are and shall remain DRIVAL’S property or the property of DRIVAL’S licensors. Neither this Agreement nor your use of the DRIVAL Platform convey or grant to you any rights: (i) in or related to the DRIVAL Platform except for the limited license granted above; or (ii) to use or reference in any manner DRIVAL’S company names, logos, product and service names, trademarks or services marks or those of DRIVAL’S licensors.
Provision of the Services.
You acknowledge that portions of the Services may be made available under DRIVALS various brands or request options, including transportation request brands, the logistic request brands and the e-wallet brand.
You also acknowledge that the Services may be made available under such brands or request options by or in connection with: (i) certain Affiliates; or (ii) independent third party contractors, including transportation network company drivers or holders of similar transportation permits, authorizations or licenses. It is at DRIVAL’S discretion which brands or request options are made available to you.
- Use of the DRIVAL Platform
In order to use most aspects of the DRIVAL Platform, you must register for and maintain an active personal User account (“Account”). You must be at least 18 years of age to obtain an Account. Account registration requires you to submit to DRIVAL certain personal information, such as your name, address, mobile phone number, gender and age. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information may result in your inability to access and use the DRIVAL Platform, including your ability to request access to your personal information or to opt in or out of marketing preferences, or DRIVAL’S termination of this Agreement with you.
You agree to maintain the security and secrecy of your Account username and password at all times. You agree and understand that you are responsible for all activity that occurs under your Account, even as a result of loss, damage or theft of the device through which you access the DRIVAL Platform.
Unless otherwise permitted by DRIVAL in writing, you may only possess one Account.
User Requirements and Conduct.
The DRIVAL Platform is not available for use by persons under the age of 18 and may only be used by individuals who can form legally binding contracts under applicable law. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive transportation services from Captains unless they are accompanied by you or another adult. It is your sole responsibility to wear helmets at all times while riding the micro-mobility product. The micro-mobility product can be reserved by you for minors provided they are over 15 years of age and are permitted to use the product in the intended way under applicable laws in your jurisdiction. You are responsible for ensuring that the minor wears a helmet at all times and that they perform safety-checks on the micro-mobility product prior to use. You must educate the minor on the laws that apply to them in their use of the product and must supervise their use at all times. You are solely and exclusively responsible for the activity of minors that you make a reservation for and their use of the micro-mobility products.
You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the DRIVAL Platform, and you may only use the DRIVAL Platform for lawful purposes. You shall not, for the avoidance of doubt, use the DRIVAL Platform to transport, facilitate or procure the transport of illegal or banned substances or items. You will not, in your use of the DRIVAL Platform, cause nuisance, annoyance, inconvenience, or property damage, whether to a Captain, Restaurant Partner, other third party provider or any other party. In certain instances, you may be asked to provide proof of identity to access or use the DRIVAL Platform, and you agree that you may be denied access to or use of the DRIVAL Platform if you refuse to provide proof of identity. Failure to comply with the terms of this section or of section 5 may result in our taking certain actions against you, including but not limited to: (i) immediate, temporary or permanent withdrawal of your right to use the DRIVAL Platform (ii) legal action against you including proceedings for reimbursement of all costs on an (including, but not limited to, reasonable administrative and legal costs) resulting from the breach (iii) disclosure of such information to law enforcement authorities as we feel is necessary and/or (iv) immediate, temporary or permanent removal of any posting or material uploaded by you to our Service.
Promotions, Bundles, Credits, Mobile Top Ups, and Referral Programs.
DRIVAL, in its sole discretion, may make promotions available to any User or potential User. These promotions, unless made to you, shall have no bearing whatsoever on your Agreement or relationship with DRIVAL. Promotions will in many cases be made available to you via alpha numeric codes (“Promo Codes”). DRIVAL reserves the right to withhold or deduct credits or benefits obtained through a promotion in the event that DRIVAL determines or believes that the redemption of the promotion or receipt of the credit or benefit was in error, fraudulent, illegal, or in violation of the applicable promotion terms or this Agreement.
You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by DRIVAL; (iii) may be disabled by DRIVAL at any time for any reason without liability to DRIVAL; (iv) may only be used pursuant to the specific terms that DRIVAL establishes for such Promo Code; (v) are not valid for cash; (vi) may expire prior to your use and (vii) DRIVAL may establish additional terms relating to specific promotions. DRIVAL reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that DRIVAL determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or this Agreement.
As part of your User account, DRIVAL may provide you with or allow you to create a “DRIVAL Code,” a unique alphanumeric code for you to distribute to friends, family and other persons (each a “Referred User”) to become new Users (“Referred Users”) or Captains (“Referred Captains”). DRIVAL Codes may only be distributed for promotional purposes and must be given away free of charge. You may not sell, trade, or barter your DRIVAL Code. You are prohibited from advertising DRIVAL Codes, including but not limited to on Google, Facebook, Twitter, Bing and Craigslist or on any other digital platform or website owned or controlled by you or any other person. DRIVAL reserves the right to deactivate or invalidate any DRIVAL Code at any time in DRIVAL’S sole discretion.
The ability to access mobile top up services is made available to you through the DRIVAL Platform and is subject to change and availability. DRIVAL is providing the right to buy airtime (subject to these terms) as agent for the relevant local mobile operator. You agree to this and the following as a condition of purchasing vouchers for airtime through the DRIVAL Platform.You will be required to input the mobile number to which any top up is to be credited into the appropriate place(s) on the DRIVAL Platform. You are responsible for ensuring that the mobile number has been correctly entered. You will also be required to select the top up amount to be credited to the mobile number. DRIVAL shall not be liable to you in any way with respect to the top up generally, the specific mobile number entered nor the top up amount credited.The top up mobile recharge cost will change depending on the denominations indicated on the DRIVAL Platform. The total cost, number recharged and the relevant mobile operator will be shown on the DRIVAL Platform. All top up transactions are final and cannot be modified or removed once you have entered the relevant top up information on the DRIVAL Platform.
As part of your User account, DRIVAL may provide you with access to features in the DRIVAL application which may allow you to: (i) manage payment for Services; (ii) add and store pre-paid credit balance (“DRIVAL Credit”); (iii) transfer DRIVAL Credit to or receive DRIVAL Credit from other Users, against payment of any applicable DRIVAL Fees and subject to any limits on the number of transfers or the amount of DRIVAL Credit you can send and/or receive, which Fees and limits may be modified by DRIVAL from time to time; and/or (iv) transfer cash to another User (“Cash Transfers”). Cash Transfers are subject to applicable law at all times, may not be permitted in some jurisdictions and, even where permitted and available, are restricted to Cash Transfers to other Users that are resident in the same jurisdiction as you, and that hold a bank account in that same jurisdiction (“Recipient Users”)..
When transferring DRIVAL Credit balance to another User, the amount transferred and the applicable DRIVAL Fees (if any) will be deducted from your User account balance and will be transferred to the other User. Once the request for the transfer of DRIVAL Credit is completed, the transfer cannot be cancelled or otherwise reversed. You agree that in providing you with this feature, DRIVAL is merely enabling the transfer of DRIVAL Credit balance and is no way responsible for the actions of the individual Users, including the reason for which DRIVAL Credit is transferred by or to you.
You may be entitled to purchase bundles of DRIVAL Credit (“DRIVAL Bundles”) or you may receive trip discounts (“Trip Discounts”) or service discounts (“Service Discounts”) that you can apply toward payment of certain services provided by DRIVAL or fees charged by DRIVAL in relation to the Services.
DRIVAL Bundles, DRIVAL Credits, Trip Discounts and Service Discounts are only valid for use on the DRIVAL Platform, and are not transferable or redeemable for cash and may only be used for certain Services. DRIVAL Bundles, Trip Discounts and Service Discounts cannot be combined, and if the cost of your ride exceeds the applicable credit or discount value we will charge your payment method on file for the outstanding cost of the trip.
Additional restrictions on DRIVAL Bundles, DRIVAL Credits, Trip Discounts and Service Discounts may apply as communicated to you in a relevant promotion or specific terms. DRIVAL may cancel, or vary the terms, relating to any DRIVAL Bundles, DRIVAL Credits, Trip Discounts or Service Discounts at any time in its sole discretion.
From time to time, DRIVAL may offer you incentives to refer new Users to the DRIVAL community (the “Referral Program”). These incentives may come in the form of DRIVAL Credits, Trip Discounts and/or Service Discounts, and DRIVAL may set or change the incentive types, amounts, terms, restrictions, and qualification requirements for any incentives in its sole discretion.
Cash transfers by you to Recipient Users are subject to applicable law and limits in respect of the number, frequency and amounts of relevant transfers as well as the location of Recipient Users. Such limits are at the sole discretion of DRIVAL and DRIVAL may modify such limits from time to time without amending this Agreement. Cash Transfers may not be permitted or available in your jurisdiction.
Upon receiving a request in relation to a permissible Cash Transfer from you as transferor to a Recipient User as a transferee, DRIVAL shall facilitate such transfer as a facilitator of social payments. The amount you elect to transfer will be deducted from your card on file by DRIVAL subject to any charges incurred by your card issuing bank. The Recipient User you have identified will have the option, once notification of the transfer has been received by the Recipient User, to either receive the Cash Transfer as cash in a permissible bank account held in the name of the Recipient User or to receive DRIVAL Credit in lieu of such cash amount.
If you are a Recipient User and elect to receive the Cash Transfer as cash in a permissible bank account held by you, you will be prompted to include the name of your bank, the name on your bank account and the IBAN number only. DRIVAL will then facilitate the transfer of the relevant amount to such permissible bank account held by you. DRIVAL will not ask for you to provide any financially sensitive information. You must only add the IBAN of your own, personal account. You must not add the details of a business account or an account of a third party. If, as a Recipient User, you do not accept the transferred amount within a certain number of days of receipt (and such number of days may vary from time to time), the relevant cash amount will be returned to the account of the transferor.
We will hold the amount corresponding with the Credit Transfer for as short a time as possible for the sole purpose of facilitating the Cash Transfer. We endeavor to credit the bank account of the Recipient User as soon as practically achievable after we receive the amount corresponding with the Credit Transfer. We are not responsible for the time it takes the bank of the Recipient User to credit the amount of the Cash Transfer your bank account and DRIVAL shall not be liable in any way for the same and we reserve the right to decline any instruction to effect a Credit Transfer or when accepted, to complete a Credit Transfer.
You are responsible for the accuracy of the information you add or include on the DRIVAL app. We may ask you for specific additional information that we believe to be necessary to give effect to our services to you. The provision of false or incomplete information or not providing information when asked may lead to the termination of your DRIVAL profile and prosecution. All activities on the DRIVAL app (including activities in connection with Credit Transfers) are regarded as activities by you and no other Users or persons and you shall not transact in connection with Credit Transfers for or on behalf of any other person.
You agree that, in relation to the above-mentioned cash transfer feature, DRIVAL is acting only as a facilitator of social payments, is not responsible or liable for the actions of individual Users (including the reasons for the Cash Transfer) and that DRIVAL does not operate a deposit-taking business in any manner nor is it otherwise presently licensed as a financial institution.
By becoming a User you are part of the DRIVAL Loyalty Program (the “Program”) in those markets where the Program is available. Users will accrue points through using the services provided by DRIVAL and may have access to a number of services, ways to support their local community, and benefits (“Rewards”) depending upon a given tier status (and relevant availability in any given market).
Users can earn or maintain tier status based on their usage of such services in any calendar month. Once a User attains a tier level, it will remain in effect for 2 consecutive months. With respect to the expiry of points earned pursuant to the Program, each calendar year consists of 2 reward periods: from January 1st to June 30th and from July 1st to December 31st (each a “Reward Period”) and any points earned in one Reward Period will expire automatically at the end of the following Reward Period.
Rewards are offered at the sole discretion of DRIVAL and may be varied from time to time. Rewards and participating partners may differ from market to market and may be added or removed at the sole discretion of DRIVAL. You may redeem points in exchange for Rewards or Donations (as applicable) at any time as indicated on the App. Where you redeem points DRIVAL shall settle the equivalent or agreed amount (if applicable) with the participating partner and cancel its liability to you for the same. By redeeming Rewards you confirm that you agree to the terms of the Program.
DRIVAL has the right to add, change, limit, modify or cancel Program rules, regulations, rules for earning and redeeming Rewards points, rewards, reward levels, redemption levels, processes, benefits, tier statuses, and Program partners without notice, even though such changes may affect the member’s tier status, the value of points already accumulated, the ability to use accumulated points, or the ability to obtain certain rewards.
DRIVAL may, among other things: (1) increase or decrease the number of points received for a given action or amount spent or the number of points required for a reward; (2) withdraw, limit, modify, or cancel any reward; (3) add blackout dates, limit availability for any reward, or otherwise restrict the continued availability of rewards; (4) change program benefits served by Rewards or its partners, conditions of participation, rules for earning, redeeming, retaining, or forfeiting points, or rules governing the use of rewards; (5) change or cancel rewards; and (6) change the rules governing the tier statuses, including but not limited to: rules to reach a tier status, duration and expiry rules of the tier status, benefits granted by reaching a given tier status.
DRIVAL makes no warranties or representations, either expressed or implied, and expressly disclaim all liability (including consequential damages) with respect to type, timeliness, cost, quality or fitness of goods or services provided through the Program.
If any participating Rewards partner improperly denies a User an accrual or benefit, the liability of DRIVAL shall be limited to the equivalent value, in Rewards points, of that accrual or benefit as determined solely by DRIVAL.
The Program has no predetermined termination date and may continue until such time as DRIVAL decides to terminate the Program, at any time, with or without notice. If the Program is terminated, all unredeemed points or tier status benefits shall be forfeited without any obligation or liability, no award claims or tier status benefits shall be honoured after the conclusion of any notice period.
DRIVAL reserves the right to cancel a User’s access to the Program and revoke any and all unredeemed DRIVAL Rewards points collected by any Member who appears to be using the Program in a manner inconsistent with the terms or intent of the Program or any portion thereof. For reasons that include, but are not limited to: 1) violation of these terms and conditions; 2) misrepresentation of any information or any misuse of this Program; 3) violation of any national, state or local law or regulation in connection with the use of this Program; 4) commission of fraud or abuse involving any portion of this Program; or 5) action, in any other way, to the detriment of the Program or any of its stakeholders; all as may be determined by DRIVAL in its sole discretion.
Notwithstanding the foregoing, Program violations, fraud or abuse in relation to rewards points and credit, tier status or reward usage is subject to appropriate administrative and/or legal action by appropriate governmental authorities and/or by DRIVAL including, without limitation, the forfeiture of all point transfers, rewards, tier status or award issued pursuant to point redemptions and any accrued points in your account, as well as cancellation of the account.
The earning and redeeming of Rewards points are subject to all applicable local laws and regulations and are offered in good faith, however they may not be available or are subject to change if prohibited or restricted by applicable law or regulation.
Separate terms and conditions may apply to your reservation, purchase of goods and services, or rewards that you select. Please read these separate terms and conditions carefully. You agree to abide by the terms and conditions of purchase imposed by any supplier with whom you elect to deal. You understand that any violation of any such supplier’s rules and restrictions may result in your being denied access to the applicable product or services, in your forfeiting any monies paid for such product or service.
As part of DRIVAL’S support to our communities and the Captains operating on our Platform DRIVAL may make new features available which allow you to direct DRIVAL to support our communities in various ways. These features may be changed and updated from time to time; may not be available in all areas or markets; and those that are available at any given time may be subject to change and/or removal. DRIVAL reserves the right to cancel, suspend or modify these features at any time without notice, for any reason in its sole discretion, and without a liability.
To offer these features DRIVAL has partnered with appropriate entities including Government entities, NGOs and charitable organisations (“Participating Organisation”). Please note that DRIVAL is not registered as a charitable organisation and does not hold itself out as such. DRIVAL is not a professional or commercial fundraiser, or a conductor or paid collector of fundraising appeals (or similar), or a guarantor of donations. The management and allocation of support to a Participating Organisation is managed by the Participating Organisation as shown on the App.
You can ask DRIVAL to support the cause of a Participating Organisation either by your agreement to burn Reward points pursuant to the Program or to burn DRIVAL credits from your DRIVAL wallet. Upon DRIVAL receiving such agreement from you either to burn DRIVAL credits or Rewards points, DRIVAL will cancel its liability towards you with respect to such DRIVAL credits and/or Rewards points and separately on its own behalf support the relevant Participating Organisation by transferring an amount equal to the nominal value of such DRIVAL credits and/or Rewards points (minus any required fees) to the relevant Participating Organisation. DRIVAL will make such transfer unless it becomes impossible or impracticable to do so. The burning of DRIVAL credits and/or Reward points in the manner described above is irreversible. DRIVAL makes no warranties or representations, either expressed or implied in respect of any of the aforementioned methods of support , and expressly disclaims all liability (including consequential damages) with respect to timeliness, cost, quality or fitness of goods or services provided in relation to the same.
If the Participating Organisation that you designated in your listing ceases to be a participating charity or appropriately licensed entity before DRIVAL pays the relevant Participating Organisation or if payment to that entity becomes impracticable, DRIVAL may at its sole discretion choose to make payment to a Participating Organisation having a similar purpose without notifying you.
Trademarks, service marks or logos that appear in relation to the donations feature are the property of their respective owners and are likely to be registered trademarks and subject to restrictions as to their use. They must not be used without the express permission of the trade mark owner.
- Charges and Payments
As a User, you agree to pay any amounts charged by DRIVAL (the “DRIVAL Fee”) (if applicable in your jurisdiction) and amounts charged by Captains or other independent third party provider for providing Services to you (“Charges”).
After you have received Services from a Captain or other independent third party provider, DRIVAL: (i) may facilitate your payment of the applicable Charges on behalf of the Captain as such Captain’s limited payment collection agent and (ii) may collect any applicable DRIVAL Fee directly from you or, in the case of a cash payment, from the relevant Captain. Payment of the Charges and DRIVAL Fee in the above manner shall in all cases be considered the same as payment made directly by you to the Captain or other independent third party provider or to DRIVAL, as applicable. Charges and DRIVAL Fees will be inclusive of applicable taxes where required by law, including any VAT or sales tax. Charges and DRIVAL Fees paid by you are final and non-refundable, unless otherwise determined by DRIVAL.
All Charges and DRIVAL Fees are due immediately and payment will be facilitated by DRIVAL using the preferred payment method designated in your Account, after which DRIVAL or a Captain, as applicable, 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 DRIVAL may, on its own behalf, and as the Captain’s limited payment collection agent, use a secondary payment method in your Account, if available.
As between you and DRIVAL, DRIVAL reserves the right to establish, remove and/or revise DRIVAL Fees at any time in DRIVAL’S sole discretion. Charges may also be varied or revised at any time without your consent. Further, you acknowledge and agree that Charges and DRIVAL Fees applicable in certain geographical areas may increase substantially during times of high demand. DRIVAL will use reasonable efforts to inform you of Charges and DRIVAL Fees that may apply, provided that you will be responsible for Charges and DRIVAL Fees incurred under your Account regardless of your awareness of such Charges or DRIVAL Fees, as applicable, or the amounts thereof.
Repair or Cleaning Fees.
You shall be responsible for the cost of for damage to, or necessary cleaning of, Captain vehicles and property resulting from use of the DRIVAL Platform under your Account in excess of normal “wear and tear” damages and necessary cleaning (“Repair or Cleaning”). In the event that a Captain reports the need for Repair or Cleaning, and such Repair or Cleaning request is verified by DRIVAL in DRIVAL’S reasonable discretion, DRIVAL reserves the right to facilitate payment for the reasonable cost of such Repair or Cleaning on behalf of the Captain using any of your payment methods. Such amounts will be transferred by DRIVAL to the applicable Captain and are non-refundable.
- Restricted Activities
With respect to your use of the DRIVAL Platform and your participation in the Services, you agree that you will not: (i) impersonate any person or entity (ii) stalk, threaten, or otherwise harass any person (including other Users making simultaneous use of the Service), or carry any weapons (iii) violate any law, statute, rule, permit, ordinance or regulation (iv) interfere with or disrupt the Services or the DRIVAL Platform or the servers or networks connected to the DRIVAL Platform (v) post information or interact on the DRIVAL Platform or with respect to Services in a manner which is false, inaccurate, misleading (directly or by omission or failure to update information), defamatory, libelous, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, or illegal (vi) use narcotics or alcohol (vii) use the DRIVAL Platform in any way that infringes any third party’s rights, including but not limited to: intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy (viii) post, email or otherwise transmit any malicious code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data or personal information (ix) forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the DRIVAL Platform (x) “frame” or “mirror” any part of the DRIVAL Platform, without our prior written authorization or use meta tags or code or other devices containing any reference to us in order to direct any person to any other web site for any purpose (xi) modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of the DRIVAL Platform or any software used on or for the DRIVAL Platform (xii) rent, lease, lend, sell, redistribute, license or sublicense the DRIVAL Platform or access to any portion of the DRIVAL Platform (xiii) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, scrape, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the DRIVAL Platform or its contents (xiv) link directly or indirectly to any other web sites (xv) transfer or sell your User account, password and/or identification to any other party (xvi) discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation (xvii) cause any third party to engage in the restricted activities above. In the event that you undertake in any of the above while participating in Services, a Captain shall be permitted to refuse to provide you Services or, if such Services have commenced, a Captain shall be permitted to refuse to continue to provide you Services.
- Disclaimers; Limitation of Liability; Indemnity
THE DRIVAL PLATFORM AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” DRIVAL DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THIS AGREEMENT, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, DRIVAL MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE DRIVAL PLATFORM, SERVICES OR ANY OTHER SERVICES REQUESTED THROUGH THE USE OF THE DRIVAL PLATFORM, OR THAT THE DRIVAL PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE. DRIVAL AND ITS AFFILIATES DO NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF CAPTAINS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE DRIVAL PLATFORM AND SERVICES, AND ANY SERVICE REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
DRIVAL and its Affiliates are not responsible for the conduct, whether online or offline, of any User, Captain Restaurant Partner, mobile operator , or any other third party. You are encouraged to use a reasonable degree of sensibility and caution when interacting with other Users, Captains or any other third party.
We are not required to procure insurance for, nor are we responsible for private belongings, including the loss of private belongings as a result of theft or snatching or because the belongings are left a vehicle.
By using the DRIVAL Platform and participating in the Services, you agree to accept such risks and agree that DRIVAL is not responsible for the acts or omissions of Users, Captains, Restaurant Partners, mobile operators, or any other third party.
You acknowledge that DRIVAL may have its own insurance coverage from which you may benefit. In the event thereof, you agree to provide proper notification of an insurance claim and accept the benefit of any insurance service provided at your own risk and you hereby acknowledge that DRIVAL is not acting as a broker in connection therewith, nor does it provide any guarantees, warranties or any other assurances in connection therewith.
DRIVAL and its Affiliates expressly disclaim any liability arising from the unauthorized use of your User account. Should you suspect that any unauthorized party may be using your User account or you suspect any other breach of security, you agree to notify us immediately.
Location data provided by the DRIVAL Platform is for basic location purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither DRIVAL, nor its Affiliates nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of location data tracked or displayed by the DRIVAL Platform. Any of your information, including geolocational data, you upload, provide, or post on the DRIVAL Platform may be accessible to DRIVAL, selected partners and relevant Captains.
Disclaimer – delivery of medical goods:
Where medicines are delivered to you as part of the Services provided through the DRIVAL Platform you hereby acknowledge and accept that all products including but not limited to any medicinal products made available on the DRIVAL App are provided and delivered by third party providers, who are not affiliated with DRIVAL and who are independently supplying their products via the DRIVAL Platform. You accept the risk associated with purchase of such goods, including but not limited to any harmful side effects caused by consumption of any such products.
DRIVAL cannot confirm the accuracy of the description nor quality of the product supplied by such independent third-party goods providers. You are requested to consult with your medical practitioner before making any such purchase and/or consuming any medication. DRIVAL does not guarantee the genuineness of any medical claims including but not limited to date of expiry as claimed by the third-party goods provider distributing any medication via the DRIVAL Platform. All products made available via the DRIVAL Platform are delivered by independent third-party goods service providers, DRIVAL is neither the manufacturer nor the distributor of any goods delivered via the DRIVAL Platform.
DRIVAL disclaims responsibility for any harm to persons resulting from any instructions or product descriptions referred to in the DRIVAL App. DRIVAL is not associated with any manufacturer of medicines or other products on the DRIVAL Platform. We do not warrant that the products being supplied will meet your requirements.
It is imperative to seek professional advice from your physician before purchasing or consuming any medicine in order to be completely aware of the indications, side effects, drug interactions, effects of missed dose or overdose of the medicines you may order using the DRIVAL Platform.
LIMITATION OF LIABILITY.
DRIVAL AND ITS AFFILIATES AND ITS PARTNERS 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 DRIVAL PLATFORM OR SERVICES, EVEN IF DRIVAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. DRIVAL AND ITS AFFILIATES AND ITS PARTNERS SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE DRIVAL PLATFORM OR THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE DRIVAL PLATFORM OR THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY CAPTAIN OR OTHER THIRD PARTY PROVIDER, EVEN IF DRIVAL OR ITS AFFILIATES OR ITS PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. DRIVAL AND ITS AFFILIATES AND ITS PARTNERS SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL. YOU ACKNOWLEDGE THAT CAPTAINS 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 DRIVAL’S AND/OR AN AFFILIATE’S AND/OR A PARTNER’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE DRIVAL PLATFORM, THE SERVICES, ANY WEBSITE OR APPLICATION LINKED THERETO, ANY MATERIAL POSTED ON THE FOREGOING OR ACTS OR OMISSIONS OF RESTAURANT PARTNERS OR OTHER PARTNERS FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED TWO THOUSAND UNITED STATES DOLLARS OR EQUIVALENT AMOUNT IN ANOTHER CURRENCY.
THE DRIVAL PLATFORM MAY BE USED BY YOU TO REQUEST AND SCHEDULE THE SERVICES WITH CAPTAINS BUT YOU AGREE THAT DRIVAL, ITS AFFILIATES, RESTAURANT PARTNERS AND OTHER PARTNERS HAVE NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY SERVICE PROVIDED TO YOU BY CAPTAINS OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT. THE LIMITATIONS AND DISCLAIMER IN THIS SECTION 6 DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
You agree to indemnify and hold DRIVAL, its Affiliates, Restaurant Partners and other partners and their 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 DRIVAL Platform and the Services or services or goods obtained through your use of the DRIVAL Platform; (ii) your breach or violation of this Agreement or(iii) your violation of the rights of any third party, including Captains.
- General Rules on Competitions, Contests and Giveaways
Unless otherwise specified, DRIVAL will conduct all competitions, contests and giveaways (each a “Competition”) as described in this section and by entering or participating in a Competition, each entrant or participant (“Entrant”) agrees to these rules whether or not any separate additional specific terms apply to the Competition.
When entering or participating in a Competition, an Entrant may be eligible for a prize specified in the corresponding promotional material (the “Prize”). DRIVAL may reject an entry at its own discretion, provided that such rejection will not conflict with applicable law.
The Prize is non-transferable, non-exchangeable and no cash alternative is offered. In the event of a Prize being unavailable, DRIVAL reserves the right to offer an alternative prize of equal or greater value if circumstances beyond DRIVAL’S control makes it necessary to do so. To the extent permitted by law, the Competition Winner will be responsible for any and all taxes incurred in relation to receipt of the Prize.
Participation in a Competition does not automatically mean that the Entrant has won the Prize. A winning entry (the “Competition Winner”) will be chosen by random draw (performed by a computer process or supervised by an independent third party) or by a panel of individuals adjudicating the entries. Reasonable efforts will made to contact the Competition Winner but if the Competition Winner cannot be contacted or fails to reply to DRIVAL’S communication within the communicated timeframe, DRIVAL reserves the right to offer the prize to the next eligible Entrant. DRIVAL will not be liable if the Prize does not reach the Competition Winner for reasons beyond DRIVAL’S reasonable control.
Without prejudice to the “Disclaimers; Limitation of Liability; Indemnity” section, neither DRIVAL nor any Affiliates or Partners involved in a Competition will accept responsibility or liability for any errors, omissions, interruptions, deletion, or unauthorized access to Competition entries, or entries lost or delayed whether or not arising as a result of server functions, virus, bugs, or other causes outside DRIVAL’S , an Affiliate’s and/or a Partner’s control. IN NO EVENT SHALL DRIVAL’S AND/OR AN AFFILIATE’S AND/OR A PARTNER’S TOTAL LIABILITY TO ANY ENTRANT FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION IN CONNECTION WITH ANY COMPETITION OR ANY MATERIAL PUBLISHED IN RELATION TO A COMPETITION EXCEED THE MONETARY VALUE OF THE PRIZE.
DRIVAL reserves the right to cancel or amend the Competition and any associated terms and conditions. Any changes will be notified to the Entrants as soon as reasonably practical. If these terms do not, or do not clearly, cater for a solution to any matter which may arise, then DRIVAL shall have the sole discretion to decide finally on any such matter. DRIVAL’S decisions on any aspect of the Competition is final and binding and no correspondence will be entered into about it.
- Dispute Resolution
You agree that any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof or the use of the DRIVAL Platform or Services (collectively, “Disputes”) will be settled by binding arbitration between you and any relevant Affiliate in your jurisdiction, or between you and DRIVAL Networks LLC if no other Affiliate is incorporated in your jurisdiction, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that you and DRIVAL are each waiving the right to a trial by jury or to participate as a plaintiff or class in any purported class action or representative proceeding. Further, unless both you and the relevant Affiliate otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of this Agreement. This “Dispute Resolution” section applies to all Disputes (as defined below) between you and DRIVAL and/or any of its Affiliates.
Arbitration Process and Rules.
Any dispute, conflict, claim or controversy arising out of or broadly in connection with or relating to the DRIVAL Platform or this Agreement, including those relating to its validity, its construction or its enforceability (any “Dispute”) shall be first mandatorily submitted to mediation proceedings under the International Chamber of Commerce Mediation Rules (“ICC Mediation Rules”). If such Dispute has not been settled within sixty (60) days after a request for mediation has been submitted under such ICC Mediation Rules, such Dispute can be referred to and shall be exclusively and finally resolved by arbitration under the Rules of Arbitration of the International Chamber of Commerce (“ICC Arbitration Rules”). The ICC Rules’ Emergency Arbitrator provisions are excluded. The Dispute shall be resolved by one (1) arbitrator to be appointed in accordance with the ICC Rules. The place of both mediation and arbitration shall be in the city in which the applicable Affiliate with which you have a Dispute has its registered office. 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, correspondence from and to the International Chamber of Commerce, 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.
- Other Provisions
Choice of Law.
This Agreement is governed by and construed in accordance with the laws of the jurisdiction in which the relevant Affiliate is incorporated, without giving effect to any conflict of law principles, except as may be otherwise provided in supplemental terms applicable to your region.
Claims of Copyright Infringement.
Claims of copyright infringement should be sent to DRIVAL at firstname.lastname@example.org.
DRIVAL may give notice by means of a general notice on the DRIVAL Platform, 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 DRIVAL by written communication to DRIVAL’S email address at email@example.com.
You may not assign or transfer your rights under this Agreement in whole or in part without DRIVAL’S prior written approval. You give your approval to DRIVAL for it to assign or transfer its rights and obligations under this Agreement in whole or in part, including to: (i) a subsidiary or affiliate; (ii) an acquirer of DRIVAL’S equity, business or assets; or (iii) a successor by merger. No joint venture, partnership, employment or agency relationship exists between you, DRIVAL or any Captain as a result of the contract between you and DRIVAL or use of the DRIVAL Platform.
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 other provisions in this Agreement 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 this Agreement. This Agreement 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.