Welcome and thanks for using the mobile application and / the website of DRIKU. These terms and conditions of use
Private Limited "Company" (operating the brand "DRIKU").
PLEASE READ THESE TERMS CAREFULLY BEFORE DOWNLOADING THE APPLICATION AND/OR USING THE SERVICE AND WEBSITE.
By accessing/ browsing the website and/or using the mobile application you are agreeing to comply with and be
bound by our Terms and Conditions. If you do not agree to these Terms, you may not access or use the Services
provided by us. These Terms expressly supersede prior agreements or arrangements with you. DRIKU may immediately
terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services
or any portion thereof, at any time for any reason, at its sole discretion.
For the purposes of this Terms and Conditions:
"Customer" or "Customers"
shall mean a car-owner/rider, who gets a Driver using the DRIKU mobile application/website
or over the phone.
"Service" or "Services"
shall refer to all the services provided by DRIKU by means of your use of the booking
i.e., Mobile Application/ Website to get a potential Customer for yourself.
"You", "Yourself/Yourselves" and "Your"
shall mean the Driver engaged by the Customer through DRIKU mobile
DRIKU, through its Mobile Application/Website, provides a technology based service which generates leads/potential Customers
who are looking for drivers. The Mobile Application/Website enables you to market yourself as a Driver who can be hired by
potential Customers on hourly basis. DRIKU Mobile Application/Website acts as the meeting point for Drivers and Customers.
These Services can be availed within city limits and outside city limits , through the Mobile Application/Website. This Service
has been designed to offer the Customers an opportunity to book a short-term private driver at a short notice, in order to
coordinate point-to-point and round trip private driver services, as per their request.
USE OF SERVICE, MOBILE APPLICATION AND WEBSITE
The Mobile Application and the Website allows the Customers to submit a request for a Driver. You have the sole discretion to
accept or ignore the request for driver service, generated through DRIKU. Should you accept the request then the DRIKU
Website/Mobile Application will notify the Customer and provide your information including your photo, name, contact number, etc.
DRIKU has every right to accept or reject a Customer?s request for a Driver.
DRIKU itself does not provide any transportation services. You drive the Customer?s car to fulfill the service request. It is
up to the Customer to provide you with the mode of transportation.
DRIKU merely acts as an intermediary between the Customer and You. You register yourself on DRIKU mobile application/Website
to market yourself as a Driver. DRIKU shall have no liability in respect of your Services, including any claims of employment
or any vicarious liability arising out of the Service or otherwise.
It is your responsibility to ensure that you have downloaded the correct Mobile Application for your device. It is also your
responsibility to ensure that your device is compatible with the Mobile Application. DRIKU does not claim any liability if
you do not have a compatible mobile device or if you download the wrong version of the Mobile Application for your device.
By using the services of DRIKU, you further agree that:
By Installing our app you permit us to access your contacts on your device (Android/IOS),
you enable us to offer you some excellent social features such as sharing your trip with your
friends, inviting your friends to try our app, send across referral links to your friends, etc.
This information will be stored on our servers and synced from your phone.
- You will use our Services for your sole, personal use and will not resell our Services to a third party.
- You will not assign or transfer your account to any other person/legal entity.
- You will not use our services for unlawful or fraudulent purposes.
- You will keep your account password secure and confidential.
- You will follow/abide by the applicable laws of India.
- DRIKU reserves the right to immediately terminate your use of the booking platform on DRIKU app, should you not comply
with the above mentioned guidelines.
DRIKU reserves the right to amend its Terms and Conditions anytime. . It is your responsibility to review these Terms and
Conditions each time you use DRIKU?s services.. If you continue to use the Service you thereby provide your consent to the
changed practices on the same terms hereof. For this reason, DRIKU encourages you to review these Terms and Conditions each
time you access and use the Website/Application.
To avail the Service of getting Customers for yourself through the DRIKU Mobile Application/Website, you have to be
registered with us. For registration you need to:
- Sign Up on DRIKU
- After Sign Up you will receive an e-mail containing your OTP (One Time Password).
- Sign in on DRIKU using your OTP.
- Complete the Sign Up Process along with necessary documents.
Passport size Photograph,
Copy of license,
ID Card (Aadhar card/ Voter card/ Electricity bill/ Pancard)
Police Verification (If not conducted, one needs to get themselves verified by the Police)
- After submission is done you will be called for document verification, interview and Driving Test.
- Once approved, you will receive an email with a link to download App.
- There is no subscription fee, but you need to pay a security of Rs. 300/-
DRIVER TERMS & CONDITIONS
- Your registration is subjected to police verification in line with the Company?s policy. If the police verification reveals
unfavorable results, then the DRIKU will not let you register on the DRIKU platform.
- You should be having a valid driving license, ID proof (Aadhar Card, Voter ID card, Pan Card), utility bill. and 2
recently clicked Colored Passport size photographs.
- You are not an employee with DRIKU and DRIKU & you do not share any employer-employee relationship. You register
yourself on DRIKU mobile application/Website to market yourself as a Driver and get customers.
- While performing your duty with the customer whom you got through DRIKU, DRIKU shall not be responsible for any
Challan, loss, damage or any accident of the vehicle you are driving for the customer or to any other vehicles
or for any injury caused to you or to the Customer or to any other third party while you are fulfilling customer?s
- You must observe all the etiquette and protocol while performing your duty. You must be neatly dressed,
should wear proper uniform and must carry an android mobile phone in working condition in which the DRIKU app is
active. Non ? Compliance will lead to disciplinary action including getting blacklisted and removed by DRIKU.
- You won?t be paid any salary from DRIKU. You get paid for the hours you are on-duty by the client either directly
in cash at the end of the service or through a secure payment online mechanism or any other means that DRIKU as
the booking platform provides.
- For all the cash payment paid to you by the client, you will pay DRIKU?s dues on weekly basis.
- In case you are negligent in driving, intoxicated, violate law or do anything contrary to law and general norms
of driving, it will be between you and the Customer to sort out any dispute that arises because of you. DRIKU shall
not be held responsible for your behavior. However, DRIKU shall register the Customer?s complaint, if they choose to
call DRIKU customer care to lodge a complaint. DRIKU shall conduct an investigation to such matter at its own end, and
in case of your fault, DRIKU will not allow you to further access the Platform provided to you to access customers
through the Mobile Application/Website.
- You should always remain with the vehicle during the entire period of duty. In case of urgency that you have to
leave the vehicle for a short duration of time, you shall seek permission from the passenger/Customer/owner of the vehicle.
- You must follow traffic rules and other regulations prescribed by the government at all times.
- If the Customer is found to be in an intoxicated state, is misusing, soiling or damaging any of the devices or
if the Customer asks you to break any traffic rules for any purpose, you have the right to refuse such a request
by the Customer. If you continue the service and/or perform any such activities that is against the law of the
land and are caught by the transport officials, DRIKU does not hold any responsibility for any penalties and/or
damage to the devices.
- For any reason if a customer misses his/her train or flight or bus while you are fulfilling his/her service
request, DRIKU shall not be liable for any compensation and losses thereof.
- If any discrepancy is found in current address and the Address in Police Verification Document then your
application is rejected.
- The Customer?s satisfaction is of utmost importance to DRIKU. Any negative feedback from the Customer may
lead to your removal from the service. In this case we may forfeit any subscription service which may have
agreed to refund you at any later date.
- If there is any change including, but not limited to, in your address, cellphone number or in the
documents you have provided us, then you must inform us. Any miscommunication or discrepancy may
lead to your removal from all the associations with us.
- You agree to receive any communication alerts from DRIKU through EMAIL, APP Notification and SMS.
LIMITATION OF LIABILTY
- The contents of this Mobile Application/ Website are for general information and do not constitute advice.
DRIKU will ensure to take reasonable steps in order to keep the contents of the Mobile Application/ Website correct
and up to date but does warranty that the functionality of the Mobile Application/ Website will be uninterrupted or
error free, that defects will be corrected or that the Website or the server that makes it available are free of
viruses or anything else which may be harmful or destructive.
The Mobile Application/ Website is provided on an AS IS and AS AVAILABLE basis without any representation or
endorsement made and without warranty of any kind whether express or implied, including but not limited to the
implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility,
security and accuracy.
- To the extent permitted by law, DRIKU will not be liable for any indirect or consequential loss or damage
(including without limitation loss of business, opportunity, data, profits) arising out of or in connection
with the use of the Website/Mobile Application.
- DRIKU takes no responsibility of the quality of Service provided by you. The quality of Service is entirely
your responsibility. DRIKU does not take any liability in connection to the Customer?s acts, actions, behavior,
conduct, and/or negligence on their part.
- Force Majeure: DRIKU shall not be held liable for any failure or delay in performing Services where such
failure arises as a result of any act or omission, which is outside their reasonable control such as
unprecedented circumstances, overwhelming and unpreventable events caused directly and exclusively by
forces of nature that can be neither anticipated, nor controlled, nor prevented by the exercise of prudence,
diligence, and care, including but not limited to: war, riot, civil commotion; compliance with any law or
governmental order, rule, regulation or direction and acts of third parties.
- DRIKU may include links to third party websites that are controlled and maintained by others. Any link
to other websites is not an endorsement of such websites and you acknowledge and agree that we are not
responsible for the content or availability of any such sites.
- Any offer provided by DRIKU may be withdrawn at any time, and without notice, as per our sole discretion.
INTELLECTUAL PROPERTY RIGHTS
- All copyright, trademarks and all other intellectual property rights (except for the third party links)
in the Mobile Application/ Website and its content (including without limitation the design, layout, text,
graphics, images, sound, video and all software and source codes connected with the Mobile Application/ Website)
are owned by or licensed to DRIKU or otherwise used by DRIKU as permitted by law. The content of the Mobile
Application/ Website embodies trade secrets and intellectual property rights protected under copyright and
other intellectual property laws. All title, ownership and intellectual property rights in the Mobile
Application/ Website and its content shall remain with DRIKU.
- In accessing the Mobile Application/ Website you agree that you will access the content solely
for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced,
transmitted, stored, sold or distributed without the prior written consent of the copyright holder.
This excludes the downloading, copying and/or printing of pages of the Website for personal, non-commercial
home use only.
You agree to indemnify and hold DRIKU, its directors, its investors and its employees and agents harmless from and
against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions
brought against DRIKU arising out of any breach by you of these Terms and Conditions or other liabilities arising
out of your use of this Mobile Application/Website.
If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by
any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions
shall survive and remain in full force and effect and continue to be binding and enforceable.
If you breach these Conditions of Use and we take no action, we will still be entitled to use our rights and remedies
in any other situation where you breach these Conditions of Use.
These Terms and Conditions shall be governed by and construed in accordance with the law of India and you hereby
submit to the exclusive jurisdiction of the Delhi courts.
DRIKU may, at its sole discretion, come up with additional terms which may apply to certain Services. These terms
may be established with regards to a particular event, activity or promotion, and such additional terms will be
disclosed to you in connection with the applicable services. These additional Terms and Conditions are in addition
to, and therefore shall be deemed to be a part of, the original Terms and Conditions for the purposes of the applicable
services. The additional terms shall prevail over the existing Terms and Conditions in the event of any conflict with
respect to the applicable services.
DRIKU reserves every right to terminate the Service and your use of the Mobile Application, if:
- You have been using the Service or Application with an incompatible or unauthorized device
- You have violated any Terms and Conditions
- You have furnished DRIKU with false and misleading information
- You have interfered with the use of the Mobile Application/Website
- DRIKU has a reasonable reason to do so, at its sole discretion.
In the event of termination by you or by DRIKU, your account will be disabled and you shall not be granted
access to DRIKU for availing our Services. You will not be able to access the content unless you create another
account with DRIKU and go through the entire verification process, with the consent of DRIKU.
The Terms and Conditions shall remain in full force and effect while you continue to have an account with us.
Certain provisions of the Terms and Conditions shall remain in effect, even after your Termination, including
but not limited to, Intellectual Property and Indemnification.
Notwithstanding the termination, you shall continue to be bound by the terms of this Agreement in respect
of your prior use of this Mobile Application/ Website and all matters connected with, relating to or arising
from use of the Mobile Application/ Website.
All disputes and differences arising out of or in connection with this Agreement shall be settled by arbitration
in accordance with the Rules of Arbitration of the Access or Justice Institute, and the award made in pursuance
thereof shall be binding on the parties. The parties agree that the arbitration proceedings shall be conducted
by way of submission of written pleadings, documents and submissions made by the parties without any oral
hearing. The parties agree that the written pleadings will be submitted to the Arbitral Tribunal appointed
by the said Institute who will resolve the dispute and differences hereunder by fast track procedure. The
Arbitral Tribunal shall take a decision in a time bound manner after considering only such written arguments.
The decision or award so given by the Arbitral Tribunal shall be binding on the parties hereto. In case,
one of the parties does not take part in the arbitration proceedings and/or obstruct the arbitration
proceedings, the Arbitral Tribunal shall pass ex parte order which would be enforceable on both the
parties. For any issue with the Arbitral Award, the courts in Delhi shall have exclusive jurisdiction
to handle such issues.
No term contained in this Agreement may be changed or waived, except in writing signed by an expressly authorized
representative. No waiver of default by either party under any of the Terms or Conditions of this Agreement shall
be construed as a waiver of any prior or subsequent default of any of the Terms or Conditions of this Agreement.
OUR CONTACT DETAILS
7/9, Deswal Bhawan, Kishangharh
New Delhi 110070
+91-9899 876 040