Welcome to our mobile application 'Drivify' and / or our website www.Drivify.in

Any use / browsing the Website, Application (both defined below), services and tools, by you shall be governed by the terms and conditions ("Terms of Use") laid down hereinafter and as may be applicable from time to time to the Website and / or Application including the applicable policies which are incorporated herein by way of reference. If you avail the Services through the Website and / or Application, you shall be subject to the policies that are applicable to the Website and / or Application for such Services, at that material time. By mere use of the Website and / or Application, you shall be contracting with DR Mobility and these Terms of Use including the policies constitute your binding obligations, with DR Mobility. (Advise you to read the terms and conditions carefully)

DEFINITION:

DR Mobility: shall mean DR Mobility Solutions Private Limited, a company incorporated under the Companies Act, 1956 under the CIN No. U63090MH2015PTC264269 and having its registered office at B/24, Nand-Dham, B.P. Marg, Dahisar (W), Mumbai 400 068, Maharashtra, India.

Application: shall mean 'Drivify' the mobile / digital device application. DR Mobility is the registered owner of this Application called ‘Drivify'.

Website: shall mean www.drivify.in. DR Mobility is the registered owner of this website called www.drivify.in.

Drivify / Trademark : shall mean the trademark named Drivify that is owned and registered by DR Mobility. No other person shall be entitled to use and represent the same without prior written permission.

You / User: The term 'you' / ‘user' refers to the natural or legal person using or viewing the Website and / or Application.

Vehicle: The vehicle for which a driver is requested through the Website / Application/ call center or the Vehicle which is provided by you for any other service/s being offered by DR Mobility

Driver/s : shall mean the driver engaged by you, through our Website/Application

Service/s: shall mean providing a technology based platform in the form of Website / Application/ call center whereby User / You shall be able to avail Driver or any other service offered by DR Mobility for Your vehicle;

ACCESSING, BROWSING OR OTHERWISE USING THE WEBSITE AND / OR CALL CENTER AND / OR MOBILE APPLICATION INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING. By impliedly or expressly accepting these Terms of Use, you also accept and agree to be bound by DR Mobility Policies (including but not limited to Privacy Policy available at Privacy) as amended from time to time.

You and DR Mobility are hereinafter jointly referred as "the Parties" and individually as "the Party". DR Mobility Solutions Private Limited, Drivify (Application) and www.Drivify.in (Website) shall hereinafter jointly referred to as DR Mobility

SERVICES

Services Description: DR Mobility through the website, its call center and the Application is providing you the platform, for easy and most convenient access to private drivers, for short or long trips, intra city or out of city trips, however only for temporary purpose. The Service is basically designed to offer you information and a means of obtaining short-term private driver solutions to coordinate point-to-point and round trip private driver services, at your request. As a User, you authorize the Driver assigned to you over the Website and / or Call Center and / or Application to operate your vehicle and make decisions on your behalf during a period of time designated by you.

DR Mobility itself does not provide transportation services. It is up to the Driver to offer transportation. DR Mobility only acts as intermediary between the Driver and User. The provision of services by the Driver to User is therefore subject to the contract between the Driver and User. DR Mobility shall under no circumstance be a party to such contract. It is expressly made clear to User hereby that DR Mobility does not directly or indirectly employ any Drivers. DR Mobility disclaims any and all 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.

USE OF SERVICE:

· After registering your vehicle and your personal accurate and complete information, the Application and / or Website allows you to send a request of Service to a Driver. The GPS receiver, which should be installed on the mobile device (smart phone)/ computer on which you have downloaded the Application or the Website, shall detect your location and shall send your location information to the relevant Driver in the vicinity of 0-10 kms. DR Mobility reserves the right to revise /change this process as par its business requirement without any prior notification.

· Driver can also be assigned to you by contacting its Call Center.

· At this juncture, DR Mobility has sole and complete discretion to accept or reject each request for providing the Service. DR Mobility also has sole and complete discretion over whether to use the Application / Website/ Call Center to receive the leads generated through the Application / Website/ Call Center.

· If the driver accepts a request, the Application / Website / Call Center personnel notifies you and provides information regarding the Driver within the vicinity of 10 kms for your registered vehicle.

· Upon acceptance of request by a Driver, you shall receive details of the Driver that includes his name, contact details and passport size photograph of the Driver. The Application also allows you to view the Driver's progress towards the pick-up point, in real time. This is dependant on data connectivity of consumer and driver mobile device on which the application is installed.

· User shall pay fees after completion of usage of Services of DR Mobility and Driver (as displayed on Website / Application/ Call Center) or as agreed to in the Application Terms as listed on the Application / Website including parking additional night surcharge (where applicable), one way trips, toll charges, repairing and any other charges / cost incurred thereof and / or any fee or levy presently payable or hereinafter imposed by the law or required to be paid for availing of the Services.

· User is required to fill in a Performance Evaluation rating evaluating the driver & his service after completion of Services Performance evaluation rating.

MEMBERSHIP ELIGIBILITY :

As a precondition to become a registered member avail the Service, you represent and warrant that:

· You can enter into legally binding contract under Indian Contract Act, 1872 only then you will be eligible to become a registered member of the Website and / or Application. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a User of the Website and / or Application and shall not transact on or use the Website and / or Application. As a minor if you wish to use or transact on Website and / or Application, such use or transaction may be made by your legal guardian or parents on the Website and / or Application. DR Mobility reserves the right to terminate your membership and / or refuse to provide you with access to the Website and / or Application and/ or refuse service, if it is brought to DR Mobility's notice or if it is discovered that you are under the age of 18 years.

· That at all time, you have the legal right and authority to possess and operate the vehicle registered with DR Mobility and further to handover the same to the Driver for the desired trip.

· The vehicle registered with DR Mobility is in good operating condition and meets the safety standards and all applicable statutory and state and central departments of motor vehicle requirements for a vehicle of its kind.

· You are agreeing to share your vehicles information, car insurance information and your personal accurate and complete information as required by DR Mobility and the same shall be stored with DR Mobility that is acceptable to you.

· You have not shared any information that is false, inaccurate and incomplete.

· You are the owner of a valid mobile device (smart phone) / computer / digital device that has features as follows (a) Active 3G or Higher Data Connectivity (b) GPS

· You shall be solely liable, responsible and accountable for any and all alleged / claimed loss, damages and injuries of any nature as a result of the condition of your vehicle or otherwise, including, but not limited to the personal injuries, death and vehicle / property damages.

· You will be solely responsible for the full functionality of your vehicle. If your vehicle fails to function (electrical, mechanical or other) in any way, DR Mobility / Driver in possession of your vehicle will not be responsible for the same.

· You have procured all the necessary Insurance policy, in respect to the Vehicle and yourself at all times and the same are valid and subsisting at the time of availing the services.

· In specific you have a valid policy of liability insurance (in coverage amounts consistent with all applicable legal requirements) for the operation of your vehicle to cover any anticipated losses related to your participation in the Services or the operation of your vehicle by Driver. You will be solely responsible for any and all liability which results from or is alleged as a result of your operation of the vehicle and you choose to participate in the Services, including, but not limited to personal injuries, death and property damages. In the event of a motor vehicle accident you will be solely responsible for compliance with any applicable statutory or department of motor vehicles requirements and for all necessary contracts with your insurance carrier.

· You shall obey all local laws related to the matters set forth herein, and will be solely responsible for any violations of such local laws.

· You agree that DR Mobility has the sole authority to accept / reject to provide Services to you.

· You agree and accept that the use of the Services provided by DR Mobility is at your sole risk, and further acknowledges that DR Mobility disclaims all representations and warranties of any kind, whether express or implied. All Services are provided on "AS IS" basis.

· You specifically authorize DR Mobility to use, store or otherwise process your 'Sensitive personal data or information' [as such term is defined in Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011] in order to provide the Services to you. Subject to applicable law all information provided to DR Mobility by you shall be deemed to be DR Mobility's information to use as desire.

· You agree that reaching the requested service destination within time limit shall be your responsibility (for example If you miss any train or flight or bus or reach destination late), DR Mobility will not be liable or responsible for the same and shall not be liable for any loss, damage or compensation thereof.

COMMUNICATIONS

When you use the Website and / or Application or send emails or other data, information or communication to us, you agree and understand that you are communicating with us through electronic records and you consent to receive communications via electronic records from us periodically and as and when required. We may communicate with you by email or by such other mode of communication, electronic or otherwise.

Henceforward :

· DR Mobility undertake commercially reasonable efforts to bring you into contact with a Driver in order to avail the services of Driver, subject to the availability of Drivers in or around your vicinity at the moment of your request for the Services.

· DR Mobility makes no representation or warranty that services as mentioned and detailed on the Website / Application / in this document:

(a) will meet the User's requirements; and

(b) the Services will be uninterrupted, timely, secure, or error-free.

· DR Mobility and the Driver have the right to refuse the Service in the following circumstances:

(a) if the User is found to be in an intoxicated state or is found misbehaving with other passengers or the Driver, or is causing a nuisance;

(b) if the User is misusing, soiling or damaging any of the devices (technical/non-technical) of the Driver; and

(c) if the User asks the Driver to break any traffic/RTO/city police and/or government rules for any purpose

(d) if the driver is asked to provide service on a vehicle that is not registered at the time of booking the service.

· DR Mobility presents to the User that information on this Website / Application or by its call center personnel is provided "AS IS" with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose. Nothing herein shall to any extent substitute for the independent investigations and the sound technical and business judgment of the Users. In no event shall DR Mobility be liable for any direct, indirect, incidental, punitive, or consequential damages of any kind whatsoever with respect to the Service. Users of this site must hereby acknowledge that any reliance upon any content shall be at their sole risk.

· DR Mobility presents to the User that they are not liable / responsible for any conduct of the Drivers. However, DR Mobility encourages User to notify them of any complaints that may have against any Driver or the Services.

· DR Mobility does not make any representation or Warranty as to authenticity of the Drivers chosen by Users for their services. DR Mobility does not implicitly or explicitly support or endorse the services provided by the Driver through the Website and / or Application. DR Mobility accepts no liability for any errors or omissions, whether on behalf of itself or by the Driver or any third party/ies.

· DR Mobility is not responsible for any non-performance or breach of any contract entered into between Users and Drivers. DR Mobility cannot and does not guarantee that the concerned Users and / or Drivers will perform any transaction concluded on the Website and / or Application/ or our call center. DR Mobility shall not and is not required to mediate or resolve any dispute or disagreement between Users and Drivers.

· DR Mobility does not make any representations or warranty/ies, in respect Of the Drivers and of any of its Users. You may independently verify the bona fides of any particular Driver that you choose to deal with on the Website and / Application and use your best judgment in that behalf.

· DR Mobility does not at any point of time during any transaction between User and Driver on the Website and / or Application come into or take possession of any of the products or services offered by Driver nor does it at any point gain title to or have any rights or claims over the services offered by Driver to User.

· The Website and / or Application is only a platform to connect the User/s to the Drivers. DR Mobility is only providing a platform for communication and it is agreed that the contract for services shall be a strictly bipartite contract between the User and the Driver.

· At no time shall DR Mobility hold any right, title or interest over the services provided by the Driver nor shall DR Mobility have any obligations or liabilities in respect of such contract.

· DR Mobility is not responsible for unsatisfactory, cancelled or delayed performance of the services of the Driver and for any kind of damages resulted thereof.

· DR Mobility shall not be responsible for any of it's unsatisfactory/ deficient services and/or any inability to fulfill it's commitments / assurances, through, it's website / application or otherwise and further shall not be responsible for any kind of damages resulted thereof.

Disclaimer: Pricing on any service(s) as is reflected on the Website and / or Application may due to some technical issue, typographical error or service information published by DR Mobility may be incorrectly reflected and in such an event DR Mobility may cancel your such request for the service (s).

CHARGES

• Membership on the Website and / or Application is so far free for User and / or Driver. DR Mobility does not charge any fee for browsing and using services on the Website and / or Application. DR Mobility reserves right to levy fees on the Website / application.
• The fees / charges towards providing the services as defined above and Driver fees shall be time to time posted on the Website and / or Application, which shall be subject to applicable taxes including Service Taxes etc. DR Mobility reserves the right to change its Fee Policy from time to time. In particular, DR Mobility may at its sole discretion introduce new services and modify some or all of the existing services offered on the Website and / or Application. In such an event DR Mobility reserves the right to introduce fees for the new services offered or amend / introduce fees for existing services, as the case may be. Changes to the Fee Policy shall be posted on the Website and / or Application and such changes shall automatically become effective immediately after they are posted on the Website and / or Application. Unless otherwise stated, all fees shall be quoted in Indian Rupees. You shall be solely responsible for compliance of all applicable laws including, for making payments to DR Mobility.

CANCELLATION

You may cancel the booking within 5 minutes from the time of receiving details of the Driver after booking for a Driver, without any cancellation charges for all Services.

Starting the aforesaid period of 5 minutes from the time of receiving details of the Driver after booking for a Driver, the cancellation charges shall be as per table below. The cancellation charges shall be deducted from your wallet or charged to the account that DR Mobility has been authorized to at the time of registration/ booking of service.

Stage	Cancellation charges
5 mins or more from driver require time till Driver Arrives	₹ 150
If driver arrives	₹ 299

The cancellation fees and the stages thereof are subject to change/ modification by DR Mobility from time to time, user is advised to check applicable fees/ penalties before requesting for services.

YOUR ACCOUNT AND REGISTRATION OBLIGATIONS

If you use the Website and / or Application, you shall be responsible for maintaining the confidentiality of your Display Name and Password and you shall be responsible for all activities that occur under your Display Name and Password. You agree that if you provide any information that is untrue, inaccurate, not current or incomplete or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the this Terms of Use, We shall have the right to indefinitely suspend or terminate or block access of your membership on the Website and / or Application and refuse to provide you with access to the Website and / or Application.

USE OF THE WEBSITE/ Mobile Application

You agree, undertake and confirm that your use of Website and / or Application shall be strictly governed by the following binding principles:

1. You shall not host, display, upload, modify, publish, transmit, update or share any information which:

(a) belongs to another person and to which you do not have any right to;

(b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;

(c) is misleading in any way;

(d) is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;

(e) harasses or advocates harassment of another person;

(f) involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";

(g) promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;

(h) infringes upon or violates any third party's rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity];

(i) contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);

(j) provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;

(l) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;

(m) contains video, photographs, or images of another person (with a minor or an adult).

(n) tries to gain unauthorized access or exceeds the scope of authorized access to the Website and / or Application or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Website or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;

(p) solicits gambling or engages in any gambling activity which We, in our sole discretion, believe is or could be construed as being illegal;

(q) interferes with another USER's use and enjoyment of the Website and / or Application or any other individual's User and enjoyment of similar services;

(r) refers to any website or URL that, in our sole discretion, contains material that is inappropriate for the Website and / or Application or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms of Use.

(s) harm minors in any way;

(t) infringes any patent, trademark, copyright or other proprietary rights or third party's trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products;

(u) violates any law for the time being in force;

(v) deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

(w) impersonate another person;

(x) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;

(y) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.

(z) shall not be false, inaccurate or misleading;

(aa) shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.

(ab) shall not create liability for us or cause us to lose (in whole or in part) the services of our internet service provider ("ISPs") or other suppliers;

2. You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website and / or Application or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website and / or Application or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website and / or Application. We reserve our right to bar any such activity.

3. You shall not attempt to gain unauthorized access to any portion or feature of the Website and / or Application, or any other systems or networks connected to the Website and / or Application or to any server, computer, network, or to any of the services offered on or through the Website and / or Application, by hacking, password "mining" or any other illegitimate means.

4. You shall not probe, scan or test the vulnerability of the Website and / or Application or any network connected to the Website and / or Application nor breach the security or authentication measures on the Website and / or Application or any network connected to the Website and / or Application. you may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Website and / or Application, or any other customer, including any account on the Website and / or Application not owned by you, to its source, or exploit the Website and / or Application or any service or information made available or offered by or through the Website and / or Application, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Website and / or Application.

5. You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about us or the brand name or domain name used by us including the terms DRMOBILITY, DRMOBILITI, Drivify.com, or otherwise engage in any conduct or action that might tarnish the image or reputation, of DR Mobility and / or Drivify or Users / Driver on platform or otherwise tarnish or dilute any DR Mobility 's trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website and / or Application or DR Mobility's systems or networks, or any systems or networks connected to DR Mobility.

6. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website and / or Application or any transaction being conducted on the Website and / or Application, or with any other person's use of the Website and / or Application.

7. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through the Website and / or Application or any service offered on or through the Website and / or Application. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

8. You may not use the Website and / or Application or any content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of DR Mobility and / or others.

9. You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable laws, rules and regulations prevalent within the territories of India (including, but not limited to Service Tax, Sales Tax/VAT, Income Tax, Local Levies) regarding your use of our service. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.

10. Solely to enable us to use the information you supply us with, so that we are not violating any rights you might have in your Information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights you have in your Information, in any media now known or not currently known, with respect to your Information. We will only use your information in accordance with the Terms of Use and Privacy Policy applicable to use of the Website and / or Application.

11. You may not transmit any chain letters or unsolicited commercial or junk email to other Users via the Website and / or Application. It shall be a violation of these Terms of Use to use any information obtained from the Website and / or Application in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person other than us without our prior explicit consent. In order to protect our Users from such advertising or solicitation, we reserve the right to restrict the number of messages or emails which a user may send to other Users in any 24-hour period which we deem appropriate in its sole discretion. You understand that we have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Website and / or Application) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, we can (and you hereby expressly authorize us to) disclose any information about you to law enforcement or other government officials, as we, in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.

13. We reserve the right, but has no obligation, to monitor the materials posted on the Website and / or Application. DR Mobility shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Use. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE WEBSITE AND / OR APPLICATION AND IN YOUR PRIVATE MESSAGES. Please be advised that such Content posted does not necessarily reflect DR Mobility views. In no event shall DR Mobility assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the Website and / or Application. You hereby represent and warrant that you have all necessary rights in and to all Content which you provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libellous, tortious, or otherwise unlawful information.

14. your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Website and / or Application, including payment and delivery of related products or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Website and / or Application.

15. It is possible that other user (including unauthorized users or "hackers") may post or transmit offensive or obscene materials on the Website and / or Application and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of the Website and / or Application, and that the recipient may use such information to harass or injure you. We does not approve of such unauthorized uses, but by using the Website and / or Application you acknowledge and agree that We are not responsible for the use of any personal information that you publicly disclose or share with others on the Website and / or Application. Please carefully select the type of information that you publicly disclose or share with others on the Website and / or Application.

16. DR Mobility shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).

17. When you use any of the services provided by us through the Website and / or Application, including but not limited to, (e.g. Reviews), you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to you. It is your responsibility to review these Terms of Use periodically for updates / changes. Your continued use of the Website and / or Application following the posting of changes will mean that you accept and agree to the revisions. As long as you comply with these Terms of Use, We grant you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.

CONTENTS POSTED ON SITE

1. Except as expressly provided in these Terms of Use, no part of the Website and / or Application and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, Website and / or Application or other medium for publication or distribution or for any commercial enterprise, without Dr Mobility's express prior written consent.

2. You may use information on the services made available on the Website and / or Application for downloading, provided that you (1) do not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) do not make any additional representations or warranties relating to such documents.

3. You shall be responsible for any notes, messages, emails, billboard postings, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information posted or transmitted to the Website and / or Application (collectively, "Content"). Such Content will become our property and you grant us the worldwide, perpetual and transferable rights in such Content. We shall be entitled to, consistent with our Privacy Policy as adopted in accordance with applicable law, use the Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include the Content you provide. You agree that any Content you post may be used by us, consistent with our Privacy Policy and Rules of Conduct on Site as mentioned herein, and you are not entitled to any payment or other compensation for such use.

PRIVACY

1. We view protection of your privacy as a very important principle. We understand clearly that you and your Personal Information is one of our most important assets. We store and process your Information including any sensitive financial information collected (as defined under the Information Technology Act, 2000), if any, on computers and any digital device that may be protected by physical as well as reasonable technological security measures and procedures in accordance with Information Technology Act 2000 and Rules there under. Our current Privacy Policy is available at Privacy. If you object to your Information being transferred or used in this way please do not use Website and / or Application.

2. We may share personal information with our other corporate entities and affiliates. These entities and affiliates may market to you as a result of such sharing unless you explicitly opt-out.

3. We may disclose personal information to third parties. This disclosure may be required for us to provide you access to our Services, to comply with our legal obligations, to enforce our User Agreement, to facilitate our marketing and advertising activities, or to prevent, detect, mitigate, and investigate fraudulent or illegal activities related to our Services.

4. We may disclose personal information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to respond to subpoenas, court orders, or other legal process. We may disclose personal information to law enforcement offices, third party rights owners, or others in the good faith belief that such disclosure is reasonably necessary to: enforce our Terms or Privacy Policy; respond to claims that an advertisement, posting or other content violates the rights of a third party; or protect the rights, property or personal safety of our users or the general public.

5. We and our affiliates will share / sell some or all of your personal information with another business entity should we (or our assets) plan to merge with, or be acquired by that business entity, or re-organization, amalgamation, restructuring of business. Should such a transaction occur that other business entity (or the new combined entity) will be required to follow this privacy policy with respect to your personal information.

6. We are required to and we will share your information with drivers designated / assigned to offer service to you.

DISCLAIMER OF WARRANTIES

1. This Website, all the services (including but not limited to software), included on or otherwise made available to you through this site are provided on "as is" and "as available" basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, Dr Mobility does not warrant that:

• This Website and / or Application will be constantly available, or available at all; or

• The information on this Website and / or Application is complete, true, accurate or non-misleading.

2. DR Mobility will not be liable to you in any way or in relation to the Contents of, or use of, or otherwise in connection with, the Website and / or Application. DR Mobility does not warrant that this site; information, Content, materials, product (including software) or services included on or otherwise made available to you through the Website; their servers; or electronic communication sent from us are free of viruses or other harmful components.

3. You will be required to enter a valid phone number and valid postal address with nearest landmark while booking for the services on the Website and / or Application. By registering your phone number with us, you consent to be contacted by us via phone calls and/or SMS notifications, in case of any services or delivery related updates. We will not use your personal information to initiate any promotional phone calls or SMS.

LIMITATION OF LIABILITY

1. In no event shall DR Mobility be liable for any special, incidental, indirect or consequential damages of any kind in connection with these terms of use, even if user has been informed in advance of the possibility of such damages.

2. The information, recommendations and/or Services provided to you on or through the Website / Application are for general information purposes only and do not constitute advice. DR Mobility will take reasonable steps to keep the Website / Application and its contents correct and up to date but does not guarantee that the contents of the Website / Application are free of errors, defects, malware and viruses or that the Website / Application are correct, up to date and accurate.

3. DR Mobility shall not be liable for any damages resulting from the use of, or inability to use, the Website / Application, including damages caused by malware, viruses or any incorrectness or incompleteness of the information on the Website/Application.

4. DR Mobility shall further not be liable for damages resulting from the use of, or the inability to use, electronic means of communication with the Website/Application/call center, 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.

5. Without prejudice to the foregoing, and insofar as allowed under mandatory applicable law, DR Mobility's aggregate liability shall in no event exceed the equivalent of the amount for the payment of the Services.

6. The quality of the Services requested through the use of the Application is entirely the responsibility of the Driver who ultimately provides such transportation services to you. DR Mobility under no circumstance accepts liability in connection with and/or arising from the Services provided by the Driver or any acts, actions, behaviour, conduct, and/or negligence on the part of the Driver.

7. In the event we have a reasonable belief that there exists an abuse of vouchers and/or discount codes or suspect an instance of fraud, we may cause the User to be blocked immediately and reserve the right to refuse future Service. Additionally, should there exist an abuse of vouchers or discount codes, DR Mobility reserves the right to seek compensation from any and all such Users.

8. Offers are subject to DR Mobility's discretion and may be withdrawn at any time and without notice.

9. DR Mobility 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, strike / unrest ( "Force Majeure" ).

10. DR Mobility does not procure insurance for, nor is responsible for, damage or loss of any personal belongings or intellectual property whilst providing the Services.

INDEMNITY

User shall defend, indemnify and hold, DR Mobility, 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 the:

(a) violation or breach of the Terms of Use or any applicable law or regulation, whether or not referenced herein;

(b) violation of any rights of any third party, including the Driver via the Application and or the Website; and

(c) use or misuse of the Application/Website or Service.

You release and indemnify DR Mobility and/or any of its officers and representatives from any cost, damage, liability or other consequence due to any of the actions of the Users of the Website and / or Application and specifically waive any claims that you may have in this behalf under any applicable law.

TERMINATION

1. DR Mobility reserves the right to terminate your account or your access to the Website / Application immediately, with or without notice to you, and without liability if:

(i) if you have violated any of the Terms of Use;

(ii) if you have furnished us with false or misleading information;

(iii) pursuant to requests by law enforcement or other government agencies;

(iv) in case of unexpected technical or security issues or problems;

(v) in case of discontinuance or material modification to the Services (or any part thereof); and / or

(vi) in case of interference with use of our Website/Application by others.

2. Upon termination by you or DR Mobility, your account will be disabled and you will not be granted access to your account or any information or content contained in your account. You will not and not attempt to create another account for accessing and using the Website/Application without the written consent of DR Mobilty

3. The Terms of Use shall remain in full force and effect while you have an account with DR Mobility. Even after termination of your account with DR Mobility, certain provisions of this Terms of Use will remain in effect, including but not limited to, Intellectual Property Rights, Prohibited Uses and Indemnification. You agree that DR Mobility will not be liable to you or any third party for taking any of these actions. Notwithstanding the termination of this Agreement, you shall continue to be bound by the terms of this Agreement in respect of your prior use of this Website/Application and all matters connected with, relating to or arising from such use.

INTELLECTUAL PROPERTY RIGHTS:

1. DR Mobility is the sole owner or lawful licensee of all the rights to the Website / Application and its content. Website / Application content means its design, layout, text, images, graphics, sound, video etc. The Website / Application content embodies trade secrets and intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the Website / Application and its content shall remain with DR Mobility.

2. All rights, not otherwise claimed under this Agreement or in the Website / Application, are hereby reserved. The information contained in this Website / Application is intended, solely to provide general information for the personal use of the reader, who accepts full responsibility for its use.

3. You may access the Website / Application, avail of the features, facilities and Services for your personal or internal requirements only. You are not entitled to duplicate, distribute, create derivative works of, display, or commercially exploit the Website / Application Content, features or facilities, directly or indirectly, without our prior written permission of DR Mobility.

4. DR Mobility reserves the right to collect User data including name, contact information and other details to facilitate Services or use of its platform to avail Services. All information collected from the User is on a bona fide basis. Misuse and misrepresentation of identity or contact details will lead to automatic termination of Services or the use of the platform, without prior notice to such Users.

5. User accounts bearing contact number and email IDs are created and owned by DR Mobility. Any promotional discounts and offers accumulated can be revoked without prior notice in the event of suspicious account activity or mala fide intent of the User.

6. In the case where the system is unable to establish unique identity of a User against a valid mobile number or e-mail ID, the account shall be indefinitely suspended. DR Mobility reserves the full discretion to suspend a User's account in the above event and does not have the liability to share any account information whatsoever.

Copyright

1. All content on this Website / Application is the copyright of DR Mobility except the third party content and link to third party website on our Website / Application, if any.

2. Systematic retrieval of DR Mobility content to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from DR Mobility is prohibited.

3. In addition, use of the content for any purpose not expressly permitted in this Terms of Use is prohibited and may invite legal action. As a condition of your access to and use of Services, you agree that you will not use the Website / Application to infringe the intellectual property rights of others in any way. DR Mobility reserves the right to terminate the account of a User upon any infringement of the rights of others in conjunction with use of the Service, or if DR Mobility believes that User's conduct is harmful to the interests of DR Mobility, its affiliates, or other Users, or for any other reason in DR Mobility's sole discretion, with or without cause.

COMPLIANCE WITH LAWS:

User shall comply with all the applicable laws (including without limitation regulations as may be issued by Reserve Bank of India from time to time, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made there under, Income Tax Act, 1961) applicable to them respectively for using Payment Facility and Website and / or Application.

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of www.Drivify.in website. This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

JURISDICTION:

The courts of Mumbai, India shall have the sole and exclusive jurisdiction in respect of any matters arising from the use of the Services offered by DR Mobility or the Terms of Use or any arrangement between DR Mobility and the User.

We value the trust you place in us. Please read the following statement to learn about our information gathering and dissemination practices. Also our privacy policy is subject to change at any time without notice. To make sure you are aware of any changes, please review this policy periodically.

By visiting this Website / Application you agree to be bound by the terms and conditions of this Privacy Policy. If you do not agree please do not use or access our Website / Application.

By mere use of the Website / Application, you expressly consent to our use and disclosure of your personal information in accordance with this Privacy Policy. This Privacy Policy is incorporated into and subject to the Terms of Use.

1. Personal Information

Any information provided through this Website / Application is gathered by DR Mobility Solutions Pvt. Ltd. and the same is stored and controlled by DR Mobility Solutions Pvt. Ltd.

2. USE OF YOUR PERSONAL INFORMATION

We collect and store information provided by you, for providing you a safe, efficient, smooth and customized experience. This allows us to provide services and features that most likely meet your needs, and to customize our Website / Application to make your experience faster, safer and easier.

Also, the information we learn from you helps us personalise and continually improve your experience on the website / application. We use your information to assist the drivers in handling your request and for processing payments, communicate with you about the services and promotional offers that might be of interest to you. We also use this information to improve our platform, prevent or detect fraud or abuses of our website / application and enable third parties to carry out technical, logistical or other functions on our behalf.

We use data collection devices such as "cookies" on certain pages of the Website/ Application to help analyse our web page flow, measure promotional effectiveness, and promote trust and safety. "Cookies" are small files placed on your hard drive that assist us in providing our services. We offer certain features that are only available through the use of a "cookie".

We also use cookies to allow you to enter your password less frequently during a session. Cookies can also help us provide information that is targeted to your interests. Most cookies are "session cookies," meaning that they are automatically deleted from your hard drive at the end of a session. You are always free to decline our cookies if your browser permits, although in that case you may not be able to use certain features on the Website/ Application and you may be required to re-enter your password more frequently during a session. Additionally, you may encounter "cookies" or other similar devices on certain pages of the Website/ Application that are placed by third parties. We do not control the use of cookies by third parties.

If you transact with us, we collect some additional information, such as a billing address, a credit / debit card number and a credit / debit card expiration date and/ or other payment instrument details and tracking information from cheques or money orders.

If you choose to post messages on our message boards, chat rooms or other message areas or leave feedback, we will collect that information you provide to us. We retain this information as necessary to resolve disputes, provide customer support and troubleshoot problems as permitted by law.

If you send us personal correspondence, such as emails or letters, or if other users or third parties send us correspondence about your activities or postings on the Website, we may collect such information into a file specific to you.

We collect personally identifiable information (email address, name, phone number, credit card / debit card / other payment instrument details, etc.) from you when you set up a free account with us. While you can browse some sections of our Website without being a registered member, certain activities (using our services) do require registration. We do use your contact information to send you offers based on your previous use of services and your interest.

Here are the types of information we gather.

Information You Give Us: We receive and store any information you enter on our website / application / provide on call or give us in any other way. You can choose not to provide certain information but then you might not be able to take advantage of many of our features. We use the information that you provide for such purposes as responding to your requests, customising future services for you, improving our platform, and communicating with you.

Automatic Information: We receive and store certain types of information whenever you interact with us. For example, like many websites, we use "cookies" and we obtain certain types of information when your Web browser accesses the Website / Application or advertisements and other content served by or on behalf of the Website / Application or on other Web sites.

E-mail Communications: To help us make e-mails more useful and interesting, we often receive a confirmation when you open e-mail from the Website/ application if your computer/ mobile device supports such capabilities. We also compare our customer list to lists received from other companies in an effort to avoid sending unnecessary messages to our customers.

By using or continuing to use the site you agree to our use of your information (including sensitive personal information) in accordance with this Privacy Notice, as may be amended from time to time by Drivify in its discretion. You also agree and consent to us collecting, storing, processing, transferring and sharing information (including sensitive personal information) related to you with third parties or service providers for the purposes as set out in this Privacy Notice.

We may be required to share the aforesaid information with government authorities and agencies for the purposes of verification of identity or for prevention, detection, investigation including cyber incidents, prosecution and punishment of offences. You agree and consent for Drivify to disclose your information, if so required under the applicable law.

3. Does Drivify share the Information it receives?

Information about our customers is an important part of our business and we are not in the business of selling it to others. Drivify shares customer information only as described below and that are either subject to this Privacy Notice or follow practices at least as protective as those described in this Privacy Notice.

We may disclose personal information to third parties. This disclosure may be required for us to provide you access to our Services, to comply with our legal obligations, to enforce our User Agreement, to facilitate our marketing and advertising activities, or to prevent, detect, mitigate, and investigate fraudulent or illegal activities related to our Services. We do not disclose your personal information to third parties for their marketing and advertising purposes without your explicit consent.

We may disclose personal information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to respond to subpoenas, court orders, or other legal process. We may disclose personal information to law enforcement offices, third party rights owners, or others in the good faith belief that such disclosure is reasonably necessary to: enforce our Terms or Privacy Policy; respond to claims that an advertisement, posting or other content violates the rights of a third party; or protect the rights, property or personal safety of our users or the general public.

We and our affiliates will share / sell some or all of your personal information with another business entity should we (or our assets) plan to merge with, or be acquired by that business entity, or re-organization, amalgamation, restructuring of business. Should such a transaction occur, that other business entity (or the new combined entity) will be required to follow this privacy policy with respect to your personal information.

4. Security Precautions

Our Website & our mobile applications have stringent security measures in place to protect the loss, misuse, and alteration of the information under our control. Whenever you change or access your account information, we offer the use of a secure server. Once your information is in our possession we adhere to strict security guidelines, protecting it against unauthorized access.

5. Advertisements on our Website / Application

We may use third-party advertising companies to serve ads when you visit our Website or our mobile applications. These companies may use information (not including your name, address, email address, or telephone number) about your visits to this and other websites or applications in order to provide advertisements about goods and services of interest to you.

6. What Choices Do I Have?

1. You can always choose not to provide information, even though it might be needed to use our service or to take advantage of such Drivify features as Your Profile, Wish Lists, Customer Reviews.

2. If you do not want to receive e-mail or other mail from us, please adjust your Customer Communication Preferences. (If you do not want to receive Conditions of Use and other legal notices from us, such as this Privacy Notice, those notices will still govern your use of Drivify and orders placed with Drivify, and it is your responsibility to review them for changes.)

3. If you do not want us to use personal information that we gather to personalise advertisements we display to you, please adjust your Advertising Preferences.

4. The Help menu on the menu bar of most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie and how to disable cookies altogether. Additionally, you can disable or delete similar data used by browser add-ons, such as Flash cookies, by changing the add-on's settings. However, because cookies allow you to take advantage of some of Drivify's essential features, we recommend that you leave them turned on.

7. Are Children Allowed to Use Drivify?

Use of Drivify is available only to persons who can form a legally binding contract under the Indian Contract Act, 1872. If you are a minor i.e. under the age of 18 years, you may use Drivify only with the involvement of a parent or guardian.

8. Notices and Revisions

If you have any concern about privacy or grievances at Drivify, please contact us with a thorough description and we will try to resolve the issue for you.