GENERAL
Welcome and thanks for using the mobile application and / the website of DRIKU. These terms and conditions of
use ("Terms of Use") of the DRIKU website and mobile app, is a legal agreement ("Agreement") between You and
E I Corporate Services 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.
DEFINITIONS
For the purposes of these Terms and Conditions:
"Driver" or "Drivers" shall mean the Driver who accepted your service request which you submitted using the
DRIKU mobile application/website.
"Service" or "Services" shall refer to all the services provided by DRIKU by means of your use of the booking
platform, i.e., Mobile Application/ Website to get a potential Driver for yourself.
"You", "Yourself/Yourselves" and "Your" shall mean the Customer engaging a Driver through DRIKU mobile
application/ website.
SERVICE DESCRIPTION
DRIKU, through its Mobile Application/Website, provides a technology based service which enables you to get a
Driver 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 you the option of getting a short-term private Driver at a short notice,
in order to coordinate point-to-point and round trip private driver services.
USE OF SERVICE, MOBILE APPLICATION AND WEBSITE
The Mobile Application and the Website allow you to submit a service request for getting a driver. The Driver
has the sole discretion to accept or not to accept/ignore your request for driver service, generated through DRIKU.
If the Driver accepts your request then DRIKU app will notify you and provide the information regarding the driver
including his/her photo, name, contact number, etc.
DRIKU has every right to accept or reject your request for a Driver.
DRIKU itself does not provide transportation Services. The Driver drives your car to fulfill the service request.
It is up to you to offer the mode of transportation. DRIKU merely acts as an intermediary between the Driver
and You. The Driver and DRIKU do not share any employer-employee relationship. The Services provided to you,
by the Driver, is therefore, subjected to these and Conditions, which is an Agreement entered into between
the Driver and you. DRIKU shall under no circumstances be a party to this Agreement. DRIKU does not claim any
liability in respect of the Drivers, including but not limited to 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:
- 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.
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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.
AMENDMENT
DRIKU reserves the right to amend its Terms and Conditions anytime. It is the User's responsibility to
review these Terms and Conditions each time he/she 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.
REGISTRATION:
To avail the services of DRIKU, you have to be registered with us. For registration you need to provide
your name, contact details, e-mail address and other details.
USER'S GUIDELINES:
User: Any individual who uses the mobile application/Website to get a Driver.
- Your vehicle should be covered/ insured under a comprehensive insurance through an authorized motor
vehicle insurer in India. DRIKU shall not be a party, convict or witness to any legal proceedings held
by any court of Law due to any accident, loss or theft.
- It is your responsibility to not encourage DRIVER-on-duty to over-speed, jump traffic signals, drive
in wrong lane/side, overtaking or violating traffic norms or any other activity that is considered illegal
under the law of the land.
- In case the Driver, whom you got using the booking platform of DRIKU, is negligent in his/her driving,
intoxicated,molests you, violates law or does anything contrary to law and general norms of driving, it will be
between you and the Driver to sort out the dispute. DRIKU shall not be held responsible for the Driver's
behavior. However, DRIKU shall register your complaint, if you 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
the Driver's fault, DRIKU will not allow the Driver to further access the Platform provided to him through
the Mobile Application/Website.
- In case there is an accident of your car while being driven by the Driver you got using DRIKU mobile
application/Website, any damage caused to your vehicle and to the other vehicle or property involved
in the accident, any injury, including loss of life, to anyone in and out of any of the vehicles involved,
DRIKU will not be held responsible.
- The proper functionality of your vehicle shall be your responsibility. If there is any kind of failure
in the functionality of your vehicle (electrical, mechanical or other), while our Service is being availed
by you, you will be responsible for the repair, roadside assistance, alternate transportation, storage
fees etc.
- Do not offer or encourage Driver on duty to consume alcohol or drugs in any form. DRIKU will not be
held responsible for any consequences arising due to this consumption.
- Any parking charges, toll charges or levy payable or hereinafter imposed by the law or required to
be paid for availing of the Services would be borne by the User.
- If you miss your train or flight or bus or ship or any other mode of transportation, DRIKU will not
be liable for any compensation whatsoever if any.
- You can cancel the Services of DRIKU if your Driver is late in arriving at the pick up spot, details
of which are provided in the Mobile Application/Website. In such cases, no cancellation and conveyance
charge is applicable on you.
- You agree to pay conveyance charges or surcharge to the Driver, should you choose to avail his/her
Service and in cases where the demand for the Driver is high or the Driver has to come from a far-off
distance. The same shall be notified to you by DRIKU.
- You agree to receive any communication alerts from DRIKU through EMAIL, APP Notification and SMS.
- We strictly recommend you NOT to leave any cash, valuables, precious items like laptops, mobiles,
wallets, handbags, luggage etc in the vehicle and/or in possession of the drivers. In case of any
theft or misappropriation of valuable goods, DRIKU will not be held liable for the same.
- It is mandatory that the information you provide to DRIKU shall be accurate and complete. You will
be responsible for any consequence that arises due to any inaccurate or incomplete information.
- Our services are only available for private cars, for non-commercial purposes only; therefore you
have to ensure that DRIKU's services are being availed for non-commercial purpose in a private car only.
Cancellation Policy:
Conveyance charge as reflected on the Website or the Application will be borne by you in case you decide to cancel
the request prior to the start of the request. Such specific charges and time period are reflected on the Mobile
Application/Website.
If you cancel the request for a Driver as per the terms reflected on the Website/Mobile Application, any
Promo Code used for such ride will be invalidated and you shall pay the 'cancellation' charge.
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 requested by you through the Mobile Application/ Website.
The quality of Service is entirely the responsibility of the Driver. DRIKU does not take any liability in connection
to the Service provided by the Driver including the acts, actions, behavior, conduct, and/or negligence on the part
of the Driver.
- 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 our 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/promotion 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.
INDEMNITY
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 or the Driver or of the Terms and
Conditions or other liabilities arising out of your use of this Mobile Application/Website.
SEVERANCE
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.
WAIVER
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.
GOVERNING LAW
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.
PROMOTIONS/ EVENTS
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.
TERMINATION
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 us with false and misleading information;
You have interfered with the use of our 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 our content unless you create another account
with DRIKU, 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 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 such use.
JURISDICTION
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 any such issues.
NO WAIVER
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
SQ 14, Munirka Vihar
New Delhi 110067
+91-9899 876 040
team@driku.com