Last Updated: February 2, 2021
These Terms of Service constitute a legally binding agreement (the “Agreement”) between you and Drife Technologies (P) Ltd , its parents, subsidiaries, representatives, affiliates, officers and directors (collectively, “Drife,” “we,” “us” or “our”) governing your use of the Drife application (the “Drife App”), website, and technology platform (collectively, the “Drife Platform”).
PLEASE BE ADVISED: THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS BETWEEN YOU AND DRIFE. THESE PROVISIONS WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST DRIFE TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, GROUP OR REPRESENTATIVE ACTION OR PROCEEDING.
By entering into this Agreement, and/or by using or accessing the Drife Platform you expressly acknowledge that you understand this Agreement and accept all of its terms. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT USE OR ACCESS THE DRIFE PLATFORM OR ANY OF THE SERVICES PROVIDED THROUGH THE DRIFE PLATFORM.
When using the Drife Platform, you also agree to conduct yourself in accordance with our Community Guidelines, which shall form part of this Agreement between you and Drife.
1.The Drife Platform
The Drife Platform provides a marketplace where, among other things, persons who seek transportation to certain destinations (“Riders'') can be matched with transportation options to such destinations. One option for Riders is to request a ride from ride-hailing drivers who are driving to or through those destinations (''Drivers''). Drivers and Riders are collectively referred to herein as “Users,” and the driving services provided by Drivers to Riders shall be referred to herein as “Ride-hailing Services.” As a User, you authorize Drife to match you with Drivers or Riders based on factors such as your location, the requested pickup location, the estimated time to pickup, your destination, User preferences, driver mode, and platform efficiency, and to cancel an existing match and/or rematch you with a Driver or Rider based on the same considerations. Any decision by a User to offer or accept Ride-hailing Services is a decision made in such User’s sole discretion. Each Ride-hailing Service provided by a Driver to a Rider shall constitute a separate agreement between such persons.
2.Modification to the Agreement
Drife reserves the right to modify the terms and conditions of this Agreement, and such modifications shall be binding on you only upon your acceptance of the modified Agreement. Drife reserves the right to modify any information on pages referenced in the hyperlinks from this Agreement from time to time, and such modifications shall become effective upon posting. Continued use of the Drife Platform or Ride-hailing Services after any such changes shall constitute your consent to such changes. Unless material changes are made to the arbitration provisions herein, you agree that modification of this Agreement does not create a renewed opportunity to opt out of arbitration (if applicable).
The Drife Platform may only be used by individuals who have the right and authority to enter into this Agreement and are fully able and competent to satisfy the terms, conditions, and obligations herein. The Drife Platform is not available to Users who have had their User account temporarily or permanently deactivated. You may not allow other persons to use your User account, and you agree that you are the sole authorized user of your account. To use the Drife Platform, each User shall create a User account. Each person may only create one User account, and Drife reserves the right to deactivate any additional or duplicate accounts. Your participation in certain Drife programs and use of certain Drife products or services may be subject to additional eligibility requirements as determined by Drife.
By becoming a User, you represent and warrant that you are at least 18 years old. Notwithstanding the foregoing, if you are the parent or legal guardian of a 16 or 17-year-old minor you may create a Drife account for such minor to use the Drife Platform subject to the following requirements and restrictions (a) you ensure that the minor does not request or accept any Ride-hailing Services unless accompanied by you or an authorized guardian, (b) you explain the terms of this Agreement to the minor, and (c) you expressly guarantee the minor’s acceptance of the terms of this Agreement.
By creating a Drife account for such minor, you hereby give permission and consent to the Agreement on the minor’s behalf, and you shall assume any and all responsibility and liability for the minor's use of the Drife Platform as provided by the terms of this Agreement. You will be responsible for any breach of the above representations, warranties and/or this Agreement, and/or any attempt of the minor to disaffirm this Agreement. Furthermore, you hereby represent that you are fully authorized to execute this Agreement on behalf of yourself and all other parents or legal guardians of the minor rider.
As a Rider, you understand that request or use of Ride-hailing Services may result in charges to you (“Charges''). Charges for Ride-hailing Services include Fares and other applicable fees, tolls, surcharges, and taxes plus any tips to the Driver that you elect to pay. Drife has the authority and reserves the right to determine and modify pricing by posting applicable pricing terms to your market’s Drife Cities page or quoting you a price for a specific ride at the time you make a request. Pricing may vary based on the type of service you request (e.g., budget, premium, suv) as described on your market’s Drife Cities page. You are responsible for reviewing the applicable Drife Cities page or price quote within the Drife App and shall be responsible for all Charges incurred under your User account regardless of your awareness of such Charges or the amounts thereof.
Fares. There are two types of Fares, variable and quoted, and counter-quoted.
Variable Fares. Variable fares consist of a base charge and incremental charges based on the duration and distance of your ride. For particularly short rides, minimum fares may apply. Please note that we use GPS data from your Driver’s phone to calculate the distance traveled on your ride. We cannot guarantee the availability or accuracy of GPS data. If we lose signal we will calculate time and distance using available data from your ride.
Quoted Fares. In some cases Drife may quote you a Fare at the time of your request. The quote is subject to change until the ride request is confirmed. If during your ride you change your destination, make multiple stops, or attempt to abuse the Drife Platform, we may cancel the fare quote and charge you a variable fare based on the time and distance of your ride. Drife does not guarantee that the quoted fare price will be equal to a variable fare for the same ride. Quoted Fares may include the Fees and Other Charges below, as applicable.
Fees and Other Charges.
Premium. At certain times, including times of high demand for Ride-hailing Services (“Prime Time”), you can increase the fare that you are willing to pay. For all rides with a variable fare, we will add the premium selected by you. For Quoted Fares we will factor in the Premium added and increase the quoted price of the ride.
Cancellation Fee. After requesting a ride you may cancel it through the Drife App, but note that in certain cases a cancellation fee may apply. You may also be charged if you fail to show up after requesting a ride.
Damage Fee. If a Driver reports that you have materially damaged the Driver's vehicle, you agree to pay a “Damage Fee” of up to Rs 10,000 depending on the extent of the damage (as determined by Drife in its sole discretion), towards vehicle repair or cleaning. Drife reserves the right (but is not obligated) to verify or otherwise require documentation of damages prior to processing the Damage Fee.
Tolls. In some instances tolls (or return tolls) may apply to your ride. We do not guarantee that the amount charged by Drife will match the toll charged to the Driver, if any.
Other Charges. Other fees and surcharges may apply to your ride, including: actual or anticipated airport fees, state or local fees, or event fees as determined by Drife or its marketing partners. In addition, where required by law Drife will collect applicable taxes. See your market’s Drife Cities page for details on other Charges that may apply to your ride.
Tips. Following a ride, you may elect to tip your Driver in cash or through the Drife Platform. You may also elect to set a default tip amount or percentage through the Drife App. Any tips will be provided entirely to the applicable Driver.
Facilitation of Charges. All Charges are facilitated through a third-party payment processor. Drife may replace its third-party payment processor without notice to you. Charges shall only be made through the Drife Platform.Your payment of Charges to Drife satisfies your payment obligation for your use of the Drife Platform and Ride-hailing Services. Drife may group multiple Charges into a single aggregate transaction on your payment method based on the nature of the Charges and/or the date(s) they were incurred. If you don't recognize a transaction, then check your ride receipts and payment history.
No Refunds. All Charges are non-refundable. This no-refund policy shall apply at all times regardless of your decision to terminate usage of the Drife Platform, any disruption to the Drife Platform or Ride-hailing Services, or any other reason whatsoever.
Coupons. You may receive coupons that you can apply toward payment of certain Charges upon completion of a Ride. Coupons are only valid for use on the Drife Platform, and are not transferable or redeemable for cash except as required by law. Coupons cannot be combined unless expressly provided otherwise, 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 Ride. For quoted or variable fares, Drife may deduct the amount attributable to the Tolls, or Other Charges before application of the coupon. Additional restrictions on coupons may apply as communicated to you in a relevant promotion or by clicking on the relevant coupon within the Promotions section of the Drife App.
If you are a Driver, you will receive payment for your provision of Ride-hailing Services pursuant to the terms of the Driver Addendum, which shall form part of this Agreement between you and Drife.
By entering into this Agreement or using the Drife Platform, you agree to receive communications from us or communications related to the Drife Platform at any of the phone numbers provided to Drife by you or on your behalf, including via email, text message, calls, and push notifications. You agree that texts, calls or prerecorded messages may be generated by automatic telephone dialing systems. Communications from Drife, its affiliated companies and/or Drivers, may include but are not limited to: operational communications concerning your User account or use of the Drife Platform or Ride-hailing Services through the Drife Platform, updates concerning new and existing features on the Drife Platform, communications concerning marketing or promotions run by us or our third-party partners, and news concerning Drife and industry developments. If you change or deactivate the phone number you provided to Drife, you agree to update your account information to help prevent us from inadvertently communicating with anyone who acquires your old number. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send.
IF YOU WISH TO OPT OUT OF PROMOTIONAL EMAILS, YOU CAN UNSUBSCRIBE FROM OUR PROMOTIONAL EMAIL LIST BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE PROMOTIONAL EMAIL ITSELF.
9.Promotions, Referrals, and Loyalty Programs
Drife, at its sole discretion, may make available promotions, referral programs and loyalty programs with different features to any Users or prospective Users. These promotions and programs, unless made to you, shall have no bearing whatsoever on your Agreement or relationship with Drife. Drife reserves the right to withhold or deduct credits or benefits obtained through a promotion or program in the event that Drife 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 or program terms or this Agreement. Drife reserves the right to terminate, discontinue or cancel any promotions or programs at any time and in its sole discretion without notice to you.
Currently, Drife’s referral program provides you with incentives to refer your friends and family to become new Users of the Drife Platform in your country (the “Referral Program”). Your participation in the Referral Program is subject to this Agreement and the additional Referral Program rules.
With respect to your use of the Drife Platform and your participation in the Ride-hailing Services, you agree that you will not:
impersonate any person or entity;
stalk, threaten, or otherwise harass any person, or carry any weapons;
violate any law, statute, rule, permit, ordinance or regulation;
interfere with or disrupt the Drife Platform or the servers or networks connected to the Drife Platform;
post Information or interact on the Drife Platform or Ride-hailing Services in a manner which is fraudulent, libelous, abusive, obscene, profane, sexually oriented, harassing, or illegal;
use the Drife Platform in any way that infringes any third party’s rights, including: intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
post, email or otherwise transmit any malicious code, files or programs designed to interrupt, damage, destroy or limit the functionality of the Drife Platform or any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data or personal information;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Drife Platform;
“frame” or “mirror” any part of the Drife 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 website for any purpose;
modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Drife Platform;
rent, lease, lend, sell, redistribute, license or sublicense the Drife Platform or access to any portion of the Drife Platform;
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 Drife Platform or its contents;
link directly or indirectly to any other websites;
transfer or sell your User account, password and/or identification, or any other User's Information to any other party;
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;
violate any of the Referral Program rules if you participate in the Referral Program; or
cause any third party to engage in the restricted activities above.
11.Driver Representations, Warranties and Agreements
By providing Ride-hailing Services as a Driver on the Drife Platform, you represent, warrant, and agree that:
You possess a valid driver’s license and are authorized and medically fit to operate a motor vehicle and have all appropriate licenses, approvals and authority to provide transportation to Riders in all jurisdictions in which you provide Ride-hailing Services.
You own, or have the legal right to operate, the vehicle you use when providing Ride-hailing Services; such vehicle is in good operating condition and meets the industry safety standards and all applicable statutory and state department of motor vehicle requirements for a vehicle of its kind; and any and all applicable safety recalls have been remedied per manufacturer instructions.
You will not engage in reckless behavior while driving, drive unsafely, operate a vehicle that is unsafe to drive, permit an unauthorized third party to accompany you in the vehicle while providing Ride-hailing Services, provide Services as a Driver while under the influence of alcohol or drugs, or take action that harms or threatens to harm the safety of the Drife community or third parties.
You will only provide Ride-hailing Services using the vehicle that has been reported to, and approved by Drife, and for which a photograph has been provided to Drife, and you will not transport more passengers than can securely be seated in such vehicle.
You will not, while providing the Ride-hailing Services, operate as a public or common carrier or taxi service, accept street hails, charge for rides (except as expressly provided in this Agreement), demand that a rider pay in cash, or use a credit card reader, such as a Square Reader, to accept payment or engage in any other activity in a manner that is inconsistent with your obligations under this Agreement.
You will not attempt to defraud Drife or Riders on the Drife Platform or in connection with your provision of Ride-hailing Services. If we suspect that you have engaged in fraudulent activity we may withhold applicable Fares or other payments for the ride(s) in question and take any other action against you available under the law.
You will not discriminate against Riders with disabilities and agree to review Drife’s Anti-Discrimination Policies. You will make reasonable accommodation as required by law and our Service Animal Policy and Wheelchair Policy for Riders who travel with their service animals or who use wheelchairs (or other mobility devices) that can be folded for safe and secure storage in the car’s trunk or backseat.
You agree that we may obtain information about you, including your criminal and driving records, and you agree to provide any further necessary authorizations to facilitate our access to such records during the term of the Agreement.
You have a valid policy of liability insurance (in coverage amounts consistent with all applicable legal requirements) that names or schedules you for the operation of the vehicle you use to provide Ride-hailing Services.
You will pay all applicable federal, state and local taxes based on your provision of Ride-hailing Services and any payments received by you.
All intellectual property rights in the Drife Platform shall be owned by Drife absolutely and in their entirety. These rights include database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights wherever existing in the world together with the right to apply for protection of the same. All other trademarks, logos, service marks, company or product names set forth in the Drife Platform are the property of their respective owners. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information (“Submissions'') provided by you to us are non-confidential and shall become the sole property of Drife. Drife shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
DRIFE and other Drife logos, designs, graphics, icons, scripts and service names are registered trademarks, trademarks or trade dress of Drife in the United States and/or other countries (collectively, the “Drife Marks”). If you provide Ride-hailing Services as a Driver, Drife grants to you, during the term of this Agreement, and subject to your compliance with the terms and conditions of this Agreement, a limited, revocable, non-exclusive license to display and use the Drife Marks solely on the Drife stickers/decals, Drife Amp, and any other Drife-branded items provided by Drife directly to you in connection with providing the Ride-hailing Services (“License”). The License is non-transferable and non-assignable, and you shall not grant to any third party any right, permission, license or sublicense with respect to any of the rights granted hereunder without Drife’s prior written permission, which it may withhold in its sole discretion. The Drife logo (or any Drife Marks) may not be used in any manner that is likely to cause confusion, including but not limited to: use of a Drife Mark in a domain name or Drife referral code, or use of a Drife Mark as a social media handle or name, avatar, profile photo, icon, favicon, or banner. You may identify yourself as a Driver on the Drife Platform, but may not misidentify yourself as Drife, an employee of Drife, or a representative of Drife.
You acknowledge that Drife is the owner and licensor of the Drife Marks, including all goodwill associated therewith, and that your use of the Drife logo (or any Drife Marks) will confer no interest in or ownership of the Drife Marks in you but rather inures to the benefit of Drife. You agree to use the Drife logo strictly in accordance with Drife’s Brand Guidelines, as may be provided to you and revised from time to time, and to immediately cease any use that Drife determines to nonconforming or otherwise unacceptable.
You agree that you will not: (1) create any materials that use the Drife Marks or any derivatives of the Drife Marks as a trademark, service mark, trade name or trade dress, other than as expressly approved by Drife in writing; (2) use the Drife Marks in any way that tends to impair their validity as proprietary trademarks, service marks, trade names or trade dress, or use the Drife Marks other than in accordance with the terms, conditions and restrictions herein; (3) take any other action that would jeopardize or impair Drife’s rights as owner of the Drife Marks or the legality and/or enforceability of the Drife Marks, including, challenging or opposing Drife’s ownership in the Drife Marks; (4) apply for trademark registration or renewal of trademark registration of any of the Drife Marks, any derivative of the Drife Marks, any combination of the Drife Marks and any other name, or any trademark, service mark, trade name, symbol or word which is similar to the Drife Marks; (5) use the Drife Marks on or in connection with any product, service or activity that is in violation of any law, statute, government regulation or standard.
You agree you will not rent, lease, lend, sell, or otherwise redistribute the Drife driver amp, or manufacture, produce, print, sell, distribute, purchase, or display counterfeit/inauthentic Drife driver amps or other Drife Marks or (including but not limited to signage, stickers, apparel, or decals) from any source other than directly from Drife.
Violation of any provision of this License may result in immediate termination of the License, in Drife’s sole discretion, a takedown request sent to the appropriate ISP, or social media platform, and/or a Uniform Domain-Name Dispute-Resolution Policy Proceeding (or equivalent proceeding). If you create any materials (physical or digital) bearing the Drife Marks (in violation of this Agreement or otherwise), you agree that upon their creation Drife exclusively owns all right, title and interest in and to such materials, including any modifications to the Drife Marks or derivative works based on the Drife Marks or Drife copyrights. You further agree to assign any interest or right you may have in such materials to Drife, and to provide information and execute any documents as reasonably requested by Drife to enable Drife to formalize such assignment.
Drife respects the intellectual property of others, and expects Users to do the same
The following disclaimers are made on behalf of Drife, our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, and shareholders.
Drife does not provide transportation services, and Drife is not a transportation carrier. Drife is not a common carrier or public carrier. It is up to the Driver to decide whether or not to offer a ride to a Rider contacted through the Drife Platform, and it is up to the Rider to decide whether or not to accept a ride from any Driver contacted through the Drife Platform. We cannot ensure that a Driver or Rider will complete an arranged transportation service. We have no control over the quality or safety of the transportation that occurs as a result of the Ride-hailing Services.
The Drife Platform is provided on an “as is'' basis and without any warranty or condition, express, implied or statutory. We do not guarantee and do not promise any specific results from use of the Drife Platform and/or the Ride-hailing Services, including the ability to provide or receive Ride-hailing Services at any given location or time. Drife reserves the right, for example, to limit or eliminate access to the Drife Platform for Ride-hailing Services in specific geographic areas and/or at specific times based on commercial viability, public health concerns, or changes in law. To the fullest extent permitted by law, we specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.
We do not warrant that your use of the Drife Platform or Ride-hailing Services will be accurate, complete, reliable, current, secure, uninterrupted, always available, or error-free, or will meet your requirements, that any defects in the Drife Platform will be corrected, or that the Drife Platform is free of viruses or other harmful components. We disclaim liability for, and no warranty is made with respect to, connectivity and availability of the Drife Platform or Ride-hailing Services.
We cannot guarantee that each Rider or Driver is who he or she claims to be. Please use common sense when using the Drife Platform and Ride-hailing Services, including looking at the photos of the Driver or Rider you have matched with to make sure it is the same individual you see in person. Please note that there are also risks of dealing with underage persons or people acting under false pretense, and we do not accept responsibility or liability for any content, communication or other use or access of the Drife Platform by persons under the age of 18 in violation of this Agreement. We encourage you to communicate directly with each potential Driver or Rider prior to engaging in an arranged transportation service.
Drife is not responsible for the conduct, whether online or offline, of any User of the Drife Platform or Ride-hailing Services. You are solely responsible for your interactions with other Users. We do not procure insurance for, nor are we responsible for, personal belongings left in the car by Drivers or Riders. By using the Drife Platform and participating in the Ride-hailing Services, you agree to accept such risks and agree that Drife is not responsible for the acts or omissions of Users on the Drife Platform or participating in the Ride-hailing Services.
You are responsible for the use of your User account and Drife expressly disclaims 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.
It is possible for others to obtain information about you that you provide, publish or post to or through the Drife Platform (including any profile information you provide), send to other Users, or share during the Ride-hailing Services, and to use such information to harass or harm you. We are not responsible for the use of any personal information that you disclose to other Users on the Drife Platform or through the Ride-hailing Services. Please carefully select the type of information that you post on the Drife Platform or through the Ride-hailing Services or release to others. We disclaim all liability, regardless of the form of action, for the acts or omissions of other Users (including unauthorized users, or “hackers'').
Opinions, advice, statements, offers, or other information or content concerning Drife or made available through the Drife Platform, but not directly by us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Under no circumstances will we be responsible for any loss or damage resulting from your reliance on information or other content posted by third parties, whether on the Drife Platform or otherwise. We reserve the right, but we have no obligation, to monitor the materials posted on the Drife Platform and remove any such material that in our sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Users or others.
Location data provided by the Drife 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 Drife, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of location data tracked or displayed by the Drife Platform. Any of your Information, including geolocational data, you upload, provide, or post on the Drife Platform may be accessible to Drife and certain Users of the Drife Platform.
Drife advises you to use the Drife Platform with a data plan with unlimited or very high data usage limits, and Drife shall not be responsible or liable for any fees, costs, or overage charges associated with any data plan you use to access the Drife Platform.
This paragraph applies to any version of the Drife Platform that you acquire from the Apple App Store. This Agreement is entered into between you and Drife. Apple, Inc. (“Apple'') is not a party to this Agreement and shall have no obligations with respect to the Drife Platform. Drife, not Apple, is solely responsible for the Drife Platform and the content thereof as set forth hereunder. However, Apple and Apple’s subsidiaries are third-party beneficiaries of this Agreement. Upon your acceptance of this Agreement, Apple shall have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof. This Agreement incorporates by reference Apple’s Licensed Application End User License Agreement, for purposes of which, you are “the end-user.” In the event of a conflict in the terms of the Licensed Application End User License Agreement and this Agreement, the terms of this Agreement shall control.
Drife shall not be in breach of this Agreement nor liable for failure or delay in performing obligations under this Agreement if such failure or delay results from events, circumstances or causes beyond its reasonable control including (without limitation) natural disasters or acts of God; acts of terrorism; labor disputes or stoppages; war; government action; epidemic or pandemic; chemical or biological contamination; strikes, riots, or acts of domestic or international terrorism; quarantines; national or regional emergencies; or any other cause, whether similar in kind to the foregoing or otherwise, beyond the party’s reasonable control. All service dates under this Agreement affected by force majeure shall be tolled for the duration of such force majeure. The parties hereby agree, when feasible, not to cancel but reschedule the pertinent obligations as soon as practicable after the force majeure condition ceases to exist.
You will defend, indemnify, and hold Drife including our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, or shareholders harmless from any claims, actions, suits, losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of the Drife Platform and participation in the Ride-hailing Services, including: (1) your breach of this Agreement or the documents it incorporates by reference; (2) your violation of any law or the rights of a third party, including, Drivers, Riders, other motorists, and pedestrians, as a result of your own interaction with such third party; (3) any allegation that any materials that you submit to us or transmit through the Drife Platform or to us infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; (4) your ownership, use or operation of a motor vehicle or passenger vehicle, including your provision of Ride-hailing Services as a Driver; and/or (5) any other activities in connection with the Ride-hailing Services. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.
15.Limitation of Liability
IN NO EVENT WILL DRIFE, INCLUDING OUR AFFILIATES, SUBSIDIARIES, PARENTS, SUCCESSORS AND ASSIGNS, AND EACH OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SHAREHOLDERS (COLLECTIVELY “DRIFE” FOR PURPOSES OF THIS SECTION), BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING DAMAGES FOR DELETION, CORRUPTION, LOSS OF DATA, LOSS OF PROGRAMS, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY THE DRIFE PLATFORM, SERVICE INTERRUPTIONS, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES) ARISING OUT OF OR IN CONNECTION WITH THE DRIFE PLATFORM, RIDE-HAILING SERVICES, OR THIS AGREEMENT, HOWEVER ARISING INCLUDING NEGLIGENCE, EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE DRIFE PLATFORM MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATION, GOODS, OR OTHER SERVICES WITH THIRD-PARTY PROVIDERS, BUT YOU AGREE THAT DRIFE HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION, GOODS OR OTHER SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN IN THIS AGREEMENT. CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
16.Term and Termination
This Agreement is effective upon your acceptance of this Agreement. This Agreement may be terminated: a) by User, without cause, upon seven (7) days’ prior written notice to Drife; or b) by either Party immediately, without notice, upon the other Party’s material breach of this Agreement, including but not limited to any breach of Section 10 or breach of Section 11(a) through (i) of this Agreement. In addition, Drife may terminate this Agreement or deactivate your User account immediately in the event: (1) you no longer qualify to provide Ride-hailing Services or to operate the approved vehicle under applicable law, rule, permit, ordinance or regulation; (2) you fall below Drife’s star rating or cancellation threshold; (3) Drife has the good faith belief that such action is necessary to protect the safety of the Drife community or third parties, provided that in the event of a deactivation pursuant to (1)-(3) above, you will be given notice of the potential or actual deactivation and an opportunity to attempt to cure the issue to Drife’s reasonable satisfaction prior to Drife permanently terminating the Agreement. For all other breaches of this Agreement, you will be provided notice and an opportunity to cure the breach. If the breach is cured in a timely manner and to Drife’s satisfaction, this Agreement will not be permanently terminated. Sections 2, 7, 8 (with respect to the license), 12-13, 15-20, and 21 shall survive any termination or expiration of this Agreement.
17.APPLICABLE LAW AND DISPUTE RESOLUTION
These User Terms are subject to the laws of India. Any dispute, claim or controversy arising out of or relating to these User Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Site, the Service or the Application (collectively, “Disputes'') the parties shall attempt to settle the same amicably, through negotiation and consultation at such offices of Drife as Drife may designate. In the event the dispute is not resolved internally between after at least 30 (thirty) days of negotiation, in good faith, the same shall be subject to binding and final arbitration in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time or in case the Arbitration and Conciliation Act, 1996 is no longer in force, as per any law relating to arbitration in force at the time of such reference. The reference shall be made to a sole arbitrator mutually appointed by Drife and You. The place of the arbitration shall be Bengaluru, Karnataka, unless otherwise mutually agreed by Drife and You in writing. Subject to the above, any Dispute will be subject to the exclusive jurisdiction of courts in Bangalore, India.
BY AGREEING TO ARBITRATION, YOU UNDERSTAND THAT YOU AND DRIFE ARE WAIVING THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL FOR ALL CLAIMS, EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS ARBITRATION AGREEMENT.
This Arbitration Agreement is intended to require arbitration of every claim or dispute that can lawfully be arbitrated, except for those claims and disputes which by the terms of this Arbitration Agreement are expressly excluded from the requirement to arbitrate.
You agree not to use any technical, financial, strategic and other proprietary and confidential information relating to Drife’s business, operations and properties, information about a User made available to you in connection with such User’s use of the Platform, which may include the User’s name, pick-up location, contact information and photo (“Confidential Information”) disclosed to you by Drife for your own use or for any purpose other than as contemplated herein. You shall not disclose or permit disclosure of any Confidential Information to third parties, and you agree not to store separate and outside of the Drife Platform any User Information obtained from the Drife Platform. You agree to take all reasonable measures to protect the secrecy of and avoid disclosure or use of Confidential Information of Drife in order to prevent it from falling into the public domain. Notwithstanding the above, you shall not have liability to Drife with regard to any Confidential Information which you can prove: was in the public domain at the time it was disclosed by Drife or has entered the public domain through no fault of yours; was known to you, without restriction, at the time of disclosure, as demonstrated by files in existence at the time of disclosure; is disclosed with the prior written approval of Drife; becomes known to you, without restriction, from a source other than Drife without breach of this Agreement by you and otherwise not in violation of Drife’s rights; or is disclosed pursuant to the order or requirement of a court, administrative agency, or other governmental body; provided, however, that You shall provide prompt notice of such court order or requirement to Drife to enable Drife to seek a protective order or otherwise prevent or restrict such disclosure.
19.Relationship with Drife
As a Driver on the Drife Platform, you acknowledge and agree that you and Drife are in a direct business relationship, and the relationship between the parties under this Agreement is solely that of independent contracting parties. You and Drife expressly agree that (1) this is not an employment agreement and does not create an employment relationship between you and Drife; and (2) no joint venture, franchisor-franchisee, partnership, or agency relationship is intended or created by this Agreement. You have no authority to bind Drife, and you undertake not to hold yourself out as an employee, agent or authorized representative of Drife.
Drife does not, and shall not be deemed to, direct or control you generally or in your performance under this Agreement specifically, including in connection with your provision of Ride-hailing Services, your acts or omissions, or your operation and maintenance of your vehicle. You retain the sole right to determine when, where, and for how long you will utilize the Drife Platform. Drife does not, and shall not be deemed to, unilaterally prescribe specific dates, times of day, or any minimum number of hours for you to utilize the Drife Platform. You retain the option to accept or to decline or ignore a Rider’s request for Ride-hailing Services via the Drife Platform, or to cancel an accepted request for Ride-hailing Services via the Drife Platform, subject to Drife’s then-current cancellation policies. Drife does not, and shall not be deemed to, require you to accept any specific request for Ride-hailing Services as a condition of maintaining access to the platform. With the exception of any signage required by law or permit/license rules or requirements, Drife shall have no right to require you to: (a) display Drife’s names, logos or colors on your vehicle(s); or (b) wear a uniform or any other clothing displaying Drife’s names, logos or colors. You acknowledge and agree that you have complete discretion to provide Ride-hailing Services or otherwise engage in any other business or employment activities, including but not limited to providing services similar to the Ride-hailing Services to other companies, and that Drife does not, and shall not be deemed to, restrict you from engaging in any such activity.
In addition to connecting Riders with Drivers, the Drife Platform may enable Users to provide or receive services from other third parties. For example, Users may be able to use the Drife Platform to plan and reserve rides on public transportation, take a ride in an autonomous vehicle provided by a third party, rent vehicles, or obtain financial services provided by third parties (collectively, the “Other Services''). You understand that the Other Services are subject to the terms and pricing of the third-party provider. If you choose to purchase Other Services through the Drife Platform, you authorize Drife to charge your payment method on file according to the pricing terms set by the third-party provider. You agree that Drife is not responsible and may not be held liable for the Other Services or the actions or omissions of the third-party provider. Such Other Services may not be investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Other Services accessed through the Drife Platform.
These terms control the relationship between us and you. They do not create any third party beneficiary rights. If you do not comply with these terms, and we do not act right away, this does not mean that we are giving up any rights that we may have (such as acting in the future). If it turns out that a term is not enforceable, the term will be modified such that it is enforceable, and this will not affect any other terms contained herein. If you have any questions about this term, please contact us: firstname.lastname@example.org