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Terms and Conditions
Welcome and Thanks for using drivers24x7.com / drivers 24x7. When you use our products or services, you're agreeing to our terms, so please take a few minutes to read over the below mentioned Terms and Conditions:
PLEASE READ THESE USER TERMS CAREFULLY BEFORE DOWNLOADING OUR APPLICATION AND/OR USING OUR WEBSITE/OR CALLING US FOR DRIVER BOOKINGS:-
I.General Terms and Conditions:
1. The Company provides technology based services for booking drivers for you and you agree to obtain Driver services offered by third party driver providers, driver’s operators ("the Service Provider"). All the Services provided by the Company to you by means of your use of the booking platform are hereinafter referred to as the "Service."
2. The Company shall take your booking request and forward it to the Driver through SMS and calls. The Driver shall have the sole discretion to accept or reject each request for driver service. The Driver has discretion over whether to receive the booking request made by the Company. If the Driver accepts the booking request made by the Company, then the company will notify you and provide the information regarding the driver including his name, contact number etc.
3. The Company shall make reasonable efforts to bring you in contact with the driver in order to obtain Driver Service subject to availability of the driver in or around your location at the time of your booking request made to the Company.
For the avoidance of doubt, it is clarified that the Company itself are not employers of the driver.
4. DRIVERS 24X7 is a commission agent and a driver service agency who provides business to the drivers and claim a profit sharing of a very nominal percentage for our services to the driver .The driver is not working under the company as an employee therefore the company is not responsible to pay any claims for any unfortunate consequence . It is the driver who shall render service to you.
5.The provision of the Driver services by the driver to you is therefore subject to the agreement (to be) entered into between you and the Driver and the Company shall never be a party to such agreement. Even after acceptance of booking, the Driver may not reach your pick up location or decide not to render his services in which event the Company shall not be held liable to you.
6.You warrant that the information you provide to the Company is accurate and complete.
7.The Company is entitled to at all time verify the information that you have provided. You may only access the Service using the authorized means. It is your responsibility to check to ensure or visit the correct portal or dial-in the accurate call center number.
8.The Company shall not be liable if you do not download the correct mobile application or visit the appropriate web portal or dial-in the correct call center number. The Company reserves the right to discontinue or introduce any of the modes of booking a driver.
9.You will refrain from doing anything which we reasonably believe to be disreputable or capable of damaging our reputation;
10.You will comply with all applicable laws;
11.You will treat the Drivers introduced to you through us with respect and not to cause damage to them or engage in any unlawful, threatening, harassing, abusive behavior or activity whilst using their service.
12.You will compensate and defend us fully against any claims or legal proceedings brought against us by any other person as a result of your breach of these Terms.
13.Please note that we are not responsible for the behavior, actions or inactions of the drivers , (through us or otherwise). Any Contract for the provision Driver services is between you and the driver and not us and we simply provide a platform to introduce drivers and passengers.
II. Charges and Payment:
You will make payment in full to any Driver/Drivers introduced to you through us for any services provided by such driver to you. You shall be required to pay trip charges for Driver service to the Driver and the rates for the same can be found on the Website and Mobile Application of the Company. The Trip charges shall be updated or amended from time to time and it shall be your responsibility to remain informed about the current trip charges for the Driver services. You agree that you will pay for all Driver services you purchase from the Driver/Company either by way of cash to the Driver or cheque in favor to the company. In the event the payment cannot be accepted through credit card / mobile application, you shall be required to pay the trip charges by way of Cash. Any payment made is non-refundable. At the end of the trip, we will facilitate for you to receive a copy of the invoice er on your registered e-mail account or mobile number with the Company.
By accepting these User Terms and using the Application, you agree that you shall defend, indemnify and hold the Company, its affiliates, its licensors, and each of their officers, directors, other users, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with: (a) your violation or breach of any term of these User Terms or any applicable law or regulation, whether or not referenced herein; (b) your violation of any rights of any third party, including Driver service arranged via the Application or calls, or (c) your use or misuse of the Application or Website.
1. The information, recommendations provided to you on or through the Website, or the Application is for general information purposes only and does not constitute advice. The Company will reasonably keep the Website and the Application and its contents correct and up to date but does not guarantee that (the contents of) the Website and/or Application are free of errors, defects, malware and viruses or that the Website and/or Application are correct, up to date and accurate.
2.The Company shall not be liable for any damages resulting from the use of or inability to use the Website or Application (but to the exclusion of death or personal injury), including damages caused by malware, viruses or any incorrectness or incompleteness of the Information or the Website or Application, unless such damage is the result of any willful misconduct or from gross negligence on the part of the Company.
3.The Company shall further not be liable for damages resulting from the use of (or the inability to use) electronic means of communication with the Website or the Application, including – but not limited to – damages resulting from failure or delay in delivery of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications and transmission of viruses.
4.The quality of the Driver services requested through the use of the Application or Call centre booking or the Service is entirely the responsibility of the Driver who ultimately provides such Driver services to you. The Company under no circumstance accepts liability in connection with and/or arising from the Driver services provided by the Driver or any acts, action, behavior, conduct, and/or negligence on the part of the Service Provider. Any complaints about the Driver services provided by the driver should therefore be submitted to the Driver. The company will only help in resolving the issues between you and the driver but the driver and you have to accept full responsibility of any kind of accuse and claim.
V.Modifications of the Service and User Terms:
The Company reserves the right, at its sole discretion, to modify or replace any of these User Terms, or change, suspend, or discontinue the Application (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Website or by sending you notice through the SMS Service, Application or via email. The Company may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.
Company may give notice by means of a general notice on the SMS Service or Application, or by electronic mail to your email address on record in the Company's account information, or by written communication sent by regular mail to your address on record in Company's account information.
You may not assign your rights under these User Terms without prior written approval of the Company.
VIII. Privacy and Cookie Notice:
The Company collects and processes the personal data of the visitors of the Website and users of the Application according to the Privacy and Cookie Notice
IX. Excusable Delays (Force Majeure):
Neither party hereto shall be responsible for delays or failures in performance resulting from acts beyond its reasonable control and without its fault or negligence. Such excusable delays or failures may be caused by, among other things, traffic jam ,strikes, lock-out, riots, rebellions, accidental explosions, floods, storms, acts of God and similar occurrences.
1. The Courts of Delhi, India shall have the sole and exclusive jurisdiction in respect of any matters arising from the use of the services offered by the Company or the agreement or arrangement between the Company and the Customer. All claims and disputes arising under this Terms and Conditions should be notified to the Company within 30 days from the event date after which no one shall have any claim against the Company.
2.The Company shall be entitled to add to, vary or amend any or all these terms and conditions at any time and the Customer shall be bound by such addition, variation or amendment once such addition, variation or amendment are incorporated into these terms and conditions at website at www.drivers24x7.com or on the date that the Company may indicate that such addition, variation or amendment is to come into effect.
3.The Company reserves the right to publish information of beneficiaries of any program, offer, scheme or any promotion.
4.The Customer who seeks to use or obtain any of the services, benefits, facilities and arrangements as offered by the Company's Partner, then the provisions of such services, benefits, facilities or arrangements will be subject to the respective terms and conditions of the said Driver, being the provider of the said services, benefits, facilities or arrangements.
5.The Company provides links to third party website as a convenience to the Customers or as an advertisement and the Company does not have any control over such sites i.e. content and resources provided by them. The Company recommends reading such site's terms and conditions and/or privacy policies before using such sites.
6.This web site (www.drivers24x7.com) is published and maintained by DRIVERS 24X7 Company Regd. access, browsing or use of the facilities provided by this site constitutes a deemed acceptance, without limitation or qualification, of the terms and conditions as set forth herein below, by the user and constitutes an agreement between Company and the Customers.
1.These Terms and Conditions cover limitations and exclusion on the liability over the Company. These Terms and Conditions are applicable to you and are governing the use of Drivers throughout India.
2.You are bound by the following Terms and Conditions and are legally in contract with the Company. This Terms and Conditions apply to all the services offered by the Company collectively with any additional Terms and Conditions that may be applicable to the specific Service used or accessed by You or offered by the Company..
3.You warrant that the information you provide to the Company is accurate and complete. The Company is entitled to at all time verify the information that you have provided. You may only access the Service using the authorized means. It is your responsibility to check to ensure you download the correct mobile application for your device or visit the correct portal or dial-in the accurate call center number.
4.The Company shall not be liable if you do not download the correct mobile application or visit the appropriate web portal or dial-in the correct call center number. The Company reserves the right to discontinue or introduce any of the modes of booking Driver.
5.You will not use the Driver for any unlawful purpose; in any way that interrupts, damages, impairs or renders Driver less efficient.
6.You will refrain from doing anything which we reasonably believe to be disreputable or capable of damaging our reputation;
7.You acknowledge that we have limited control over the nature and content of information and chat transmitted or received by you or other users of Driver. Although we reserve the right to do so, we do not monitor such content in the usual course of business and will not be liable for any such content. If you have a complaint about another user please contact us via SMS ,call or Email
8.You will comply with all applicable laws;
9.You will treat drivers introduced to you through us with respect and not to cause damage to the driver or engage in any unlawful, threatening, harassing, abusive behavior or activity whilst using the service;
10.You will compensate and defend us fully against any claims or legal proceedings brought against us by any other person as a result of your breach of these Terms.
11.You agree that the Company does not assure you the availability of driver even after accepting and / or confirming the booking.
12.Please note that we are not responsible for the behavior, actions or inactions of drivers which you may use
XII.Charges and Payment:
The Company reserves its rights to make necessary changes in the trip Charges without any prior written or verbal intimation to the Customers. The trip charges of driver services provided under Drivers 24x7 Company Regd. shall be subject to revision notification issued by the regulatory authority. You shall be required to pay trip charges for the Service to the Driver and the rates of can be found on the Website, Call Center and Mobile Application or such other booking platform of the Company. You agree that the trip charges shall include the trip fare and any additional charges levied by the Company which includes parking charges, additional night charge, surcharge (where applicable) and any fee or levy presently payable or hereinafter imposed by the law or required to be paid for availing of the Services. The toll charges will be payable by you as applicable, only when your vehicle crosses the toll post. Any payment made is non-refundable. At the end of the trip you shall receive a trip invoice on your registered e-mail account or mobile from the Company. You agree that you will pay for all Services you avail from the Company either by way of cash to the driver and cheque or Demand Draft in favor of DRIVERS24X7. In the event the payment cannot be accepted through credit card / mobile application, you shall be required to pay the trip charges by way of Cash. In connection with your use of the Service, the Company will obtain certain transaction details, which Company will use solely in accordance with its Privacy and Cookie Notice.
1.The Company shall not be jointly or severally held responsible or liable for any loss or damage, howsoever caused or suffered by the Customer arising out of the use of services offered by the Company or due to the failure of the Driver to provide services to the Customer for any reason whatsoever including but not limited to the Customer's non-compliance with the services' recorded voice instructions, malfunction, partial or total failure of any network terminal, data processing system, computer tele-transmission or telecommunications system or other circumstances whether or not beyond the control of the Company or any person or any organization involved in the above mentioned systems.
2.Without prejudice to the above, the Company shall not be jointly and/or severally held liable for any direct or indirect loss or damage which may be suffered by the Customer as a result of any failure by the Company to provide a Driver to the Customer within any stipulated time even if the Company has agreed to so provide the Driver or even if the Customer has advised the Company of the possibility that any such loss or damage would result if the Driver is not provided at all or within the stipulated time.
3.In the event any passenger misses the train or flight or bus, the Company will not be held liable for any compensation and/or any direct or indirect losses incurred by the Customer. The Customer shall be responsible to make an alternate arrangement if the Driver has not reached the pick-up location due to any reason. The Company shall not be responsible or liable for any meeting or other occasions, functions missed by the Customer.
4.The Company shall not be liable for any delay or failure in the performance of any of its duties and obligations, to the extent that such delay or failure is caused due to a Force Majeure Event.
5.The Company shall not be liable / responsible for any illegal conduct of the Drivers. However, the Company recommends you to notify about any complaints that you may have against the Drivers.
6.The Company shall not be responsible for any loss of communication / information of status update & benefits under any Services or program of the Company. All this information will be sent on mobile number &/or email ID registered with the Company. The Company will not be responsible for appropriateness of mobile or email or any other communication medium. The Customer shall be responsible for immediately reporting the errors, if any, occurred in the information sent to the Customer regarding booking confirmation.
7.The Company does not warrant that this site, its servers, or e-mail sent are free of viruses or other harmful components. The Company will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
XIV.INTELLECTUAL PROPERTY RIGHTS (Trademarks and Copyrights):
1.The Company is the sole owner and lawful licensee of all the rights to the web site, mobile application or any other digital media and its contents. The content means its design, layout, text, images, graphics, sounds, video, etc. the website, mobile application or any other digital media content embody trade secrets and intellectual property rights protected under worldwide copyright and other laws. All titles, ownership and intellectual property rights in the website and its content shall remain with the Company, its affiliates, agents, authorized representatives or licensor's as the case may be.
2.All rights not otherwise claimed under this Terms and Conditions or by the Company are hereby reserved. The information contained in this web site is intended, solely to provide general information for the personal use of the reader, who accepts full responsibility for its use.
3.The Company does not represent or endorse the accuracy or reliability of any information or advertisement contained on, distributed through, or linked, downloaded or accessed from any of the services contained on this website, or the quality of any products, information or other materials displayed, or obtained by you as a result of any product, information or other materials displayed, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the service.
4.All related icons and logos are registered trademarks or service marks or word marks of the Company in various jurisdictions and are protected under applicable copyrights, trademarks and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.
5.All the contents on this web site is copyright of the Company except the third party content and link to third party website on our website.
6.Subject to your compliance with these Terms, the Company grants you a limited non-exclusive, non-transferable license to download and install a copy of the Application on a single mobile device that you own or control and to run such copy of the Application solely for your own personal use.
7.You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Application in any way; (ii) modify or make derivative works based upon the Application; (iii) create Internet "links" or "frame" or "mirror" any Application on any other server or wireless or Internet-based device; (iv) reverse engineer or access the Application in order to (a) design or build a competitive product or service, (b) design or build a product using similar ideas, features, functions or graphics of the Application, or (c) copy any ideas, features, functions or graphics of the Application, or (v) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Application.
XV.Link To Third Party Website:
1.During the use of the Website or the Application, links to websites that are owned and controlled by third parties may be provided from time to time in order to enter into correspondence with, purchase goods or services from, participate in promotions of third parties. These links take you off the Website, the Application and are beyond the Company's control.
XVI.Term and termination of the contract:
The Contract between the Company and you is concluded for an indefinite period. You are entitled to terminate the Contract at all times by permanent deletion of the Application installed on your smart phone, thus disabling the use by you of the Application and the Service. Company is entitled to terminate the Contract at all times and with immediate effect (by disabling your use of the Application and the Service) if you: (a) violate or breach any term of these User Terms, or (b) in the opinion of the Company, misuse the Application or the Service. The Company is not obliged to give notice of the termination of the Contract in advance. After termination the Company will give notice thereof in accordance with these User Terms.
XVII.Invalidity of one or more provisions:
The invalidity of any term of these User Terms shall not affect the validity of the other provisions of these User Terms. If and to the extent that any provision of these User Terms is invalid, or is unacceptable in the given circumstances according to the criteria of reasonableness and fairness, a provision shall apply between the parties instead that is acceptable considering all the circumstances and which corresponds with the provisions of the void part as much as possible, taking into account the content and the purpose of these User Terms
XVIII.Modification of the Service and User Terms:
The Company reserves the right, at its sole discretion, to modify or replace any of these User Terms, or change, suspend, or discontinue the Application (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Website or by sending you notice through the Service, Application or via email. The Company may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.
PROCEDURE FOR AVAILING THE SERVICES OF THE COMPANY / BOOKING A DRIVER:In order to avail the Services of the Company, You shall be initially required to call at the call center, down load Mobile Application on Anroid, iPhone or any other smart phone; or dial the dedicated number of the Company. Upon receiving your request of the Driver, the Company may accept or reject your booking depending on the availability of the Driver. The Company shall be entitled at any time without giving any reason or prior notice to terminate or cancel your booking.
OBLIGATIONS OF THE CUSTOMERS:
1.The Company encourages you to take full responsibility of your items. In case of lost items inside your vehicle and your vehicle parts during the journey, the Company will try to locate the items on a "best-effort" basis but the Company will not responsible for the same in case of loss or damage to the same.
2.If you miss any goods in the vehicle or of the vehicle or have any complaint in respect of the services or the use of the Driver, the Customer has to inform the Company for the same by calling in and writing to us as soon as the Driver is released from his duty preferably in the presence of the driver before releasing him from the service. The company will not address complaints of any kind after 24 hours from the release of the driver from your services.
3.The customer will have to first make a booking with the company for availing the Driver services, the customer should not directly call the driver without registering the duty with the company, as a result of which the company will not be responsible and answerable to any unfortunate consequence .
You agree and acknowledge that the use of the services offered by the Company is at your sole risk and that the Company disclaims all representations and warranties of any kind, whether express or implied as to condition, suitability, quality, merchantability and fitness for any purposes.
Without prejudice to the above, the Company makes no representation or warranties that: -the service will meet your requirements; -the service will be uninterrupted, timely, secure, or error-free.