Terms & Conditions DRIVR
 

DRIVR Business Terms and Conditions
Last updated September 11, 2015

The terms and conditions stated herein (collectively, the "Agreement") constitute a legal agreement between the legal entity and DRIVR ApS, a Danish corporation (referred to herein as “Drivr”, “we”, “us” and the “Company”). In order to use the Service (defined below) and the associated Applications (defined below) the legal entity must agree to the terms and conditions that are set out below. By using or receiving any services supplied to The legal entity by the Company (collectively, the "Service"), and downloading, installing or using any associated application supplied by the Company with the purpose of enabling the legal entity to use the Service (collectively, the "Application"), the legal entity hereby expressly acknowledges and agrees to be bound by the terms and conditions of the Agreement and by any future amendments and additions to this Agreement as published and updated from time to time at https://drivr.com/terms or through the Service.

The Company reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Service or Application at any time, effective upon the posting of an updated version of this Agreement on either the Service or Application. The legal entity is responsible for regularly reviewing this Agreement. Continued use of the Service or Application after any such changes shall constitute the legal entity’s consent to such changes.

THE COMPANY DOES NOT OPERATE VEHICLES, AND THE COMPANY IS NOT A TRANSPORTATION CARRIER. IT IS UP TO THE THIRD PARTY TRANSPORTATION PROVIDER, DRIVER OR VEHICLE OPERATOR TO OFFER THE TRANSPORTATION SERVICES THAT MAY BE SCHEDULED THROUGH USE OF THE APPLICATION OR SERVICE. THE COMPANY OFFERS INFORMATION AND A METHOD TO OBTAIN SUCH THIRD PARTY TRANSPORTATION SERVICES, BUT THE COMPANY DOES NOT AND DOES NOT INTEND TO PROVIDE TRANSPORTATION SERVICES OR ACT IN ANY WAY AS A TRANSPORTATION CARRIER AND HAS NO RESPONSIBILITY OR LIABILITY FOR ANY TRANSPORTATION SERVICES PROVIDED TO THE LEGAL ENTITY BY SUCH THIRD PARTIES.

Representations & Warranties

By using the Application or Service, The legal entity expressly represents and warrants that the legal entity is legally entitled to enter into this Agreement. If the legal entity resides in a jurisdiction that restricts the use of the Service because of age, or restricts the ability to enter into agreements such as this one due to age, the legal entity must abide by such age limits and the legal entity must not use the Application and Service. Without limiting the foregoing, the Service and Application is not available to children (persons under the age of 18). By using the Application or Service the legal entity represents and warrants that the legal entity is managed by persons that are at least 18 years old. By using the Application or the Service, the legal entity represents and warrants that the legal entity has the right, authority and the capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement. The legal entity’s participation in using the Service and/or Application is for the legal entity’s sole, personal use. The legal entity may not authorise others to use the legal entity’s user status, and the legal entity may not assign or otherwise transfer the legal entity’s user account to any other person or entity unless expressly approved by the company. When using the Application or Service the legal entity agrees to comply with all applicable laws of the legal entity’s home nation and with all applicable laws of the country, state and city in which the legal entity is present while using the Application or Service.

The legal entity may only access the Service using authorised means. It is the legal entity’s responsibility to check to ensure that the legal entity downloads the correct Application for the legal entity’s device. The Company is not liable if the legal entity deviates from the standard operating procedures of the company. The Company reserves the right to terminate this Agreement should the legal entity be using the Service or Application with an incompatible or unauthorised device.

Booking & Cancellation policy

By using the Application or the Service, you agree that:
• The Company may charge a cancellation fee if the booking is cancelled more than 3 minutes after a car has been dispatched to your order.

• The Company may charge the legal entity a no show fee, if the legal entity does not make use of the Service once a car has arrived.

• The legal entity will only use the Service or Application for lawful purposes; the legal entity will not use the Service or Application to send or store any unlawful material or for any fraudulent purpose.

• The legal entity will not use the Service or Application to cause nuisance, annoyance or inconvenience.

• The legal entity will not impair the proper operation of the network.

• The legal entity will not attempt to cause harm to the Service or Application in any way whatsoever.

• The legal entity will not copy or distribute the Application or any other content without written permission from the Company.

• The legal entity will only use the Application and Service for the legal entity’s own use and will not resell it to a third party.

• The legal entity will keep secure and confidential the legal entity’s account password or any identification we provide the legal entity with which allows access to the Service.

• The legal entity will provide the Company with any form of proof of identity that we may reasonably request. Misrepresentation will be reported to the police.

• The legal entity will only use an access point or 3G data account (AP) which the legal entity is authorised to use.

• The legal entity is aware that when requesting transportation services by SMS, standard messaging charges will apply.

•  You hereby accept that DRIVR has the permission to upgrade your service for various reasons. If you do not wish to receive any upgrades to the service you requested, simply cancel the booking and re-book.

 

License Grant, Restrictions and Copyright Policy
Licenses Granted by Company-to-Company Content and User Content

Subject to the legal entity’s compliance with the terms and conditions of this Agreement, the Company grants the legal entity a limited, non-exclusive, non-transferable license to use, view and print the services of the Company. The legal entity has no right to sublicense the license rights granted in this section.

The legal entity will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Service, Application or Collective Content, except as expressly permitted in this Agreement.

License Granted by User

We may, at our sole discretion, permit Users to post, upload, publish, submit or transmit User Content. By making available any User Content on or through the Service or Application, the legal entity hereby grants the Company a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such User Content on, through, or by means of the Service or Application only. The Company does not claim any ownership rights to any User Content and nothing in this Agreement will be deemed to restrict any rights that the legal entity may have to use and exploit any User Content.

The legal entity acknowledges and agrees that the legal entity is solely responsible for all User Content that the legal entity makes available through the Service or Application.

Application License 

Subject to the legal entity’s compliance with this Agreement, the Company grants the legal entity a limited, non-exclusive, non-transferable license to download and install a copy of the Application on a single mobile device or computer that the legal entity owns or controls and to run the copy of the Application solely for the legal entity’s own personal use. Furthermore, with respect to any Application accessed through or downloaded from the Apple App Store (“App Store Sourced Application”), The legal entity will use the App Store Sourced Application only: (i) on an Apple-branded product that runs iOS (Apple’s proprietary operating system software); and (ii) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service. The Company reserves all rights in and to the Application that are not expressly granted to the legal entity under this Agreement.

The legal entity shall not: (i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) send or store infringing, obscene, threatening, libellous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights; (iii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Application or Service or the data contained therein; or (v) attempt to gain unauthorised access to the Application or Service or its related systems or networks.

The Company will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. The Company may involve and cooperate with law enforcement authorities in prosecuting users who violate this Agreement. The legal entity acknowledges that the Company has no obligation to monitor the legal entity’s access to or use of the Service, Application or Collective Content or to review or edit any Collective Content, but has the right to do so for the purpose of operating the Service and Application to ensure the legal entity’s compliance with this Agreement or to comply with any applicable law or an order or requirement of a court, administrative agency or other governmental body. The Company reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that the Company, at its sole discretion, considers to be in violation of this Agreement or otherwise harmful to the Service or Application.

Copyright Policy 

The Company respects copyright law and expects its users to do the same. It is Company’s policy to terminate in appropriate circumstances Users or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.

Payment Terms 

Any fees that the Company may charge the legal entity for on behalf of third party transportation providers of the Application or Service are due immediately and are non-refundable, unless otherwise agreed. The company may offer credit terms and invoicing terms at its sole discretion. The Company has a no refund policy, unless the legal entity disputes a booking within 2 days. The Company reserves the right to determine final prevailing pricing unless specific pricing has been agreed upon - Please note the pricing information published on the website may not reflect the prevailing pricing. In the event that the legal entity does not pay its outstanding amount prior to the latest payment date, the company reserves the right to accrue interest of 1.5% for every month commenced prior to the legal entity settling it’s overdue payables.

The Company, at its sole discretion, may make promotional offers with varying features and at various rates to any of our customers. These promotional offers, unless made to the legal entity, shall have no bearing whatsoever on the legal entity’s offer or contract. The Company may change the fees for our Service or Application as we deem necessary for our business. We encourage the legal entity to check back at our website periodically if the legal entity is interested in how we are charging for the Service or Application.

SMS Messaging 

We reserve the right to send text messages (SMS messages) to the legal entity in direct association with orders that the legal entity may have placed with the company. Drivr offers, news or similar material will be sent to the legal entity via SMS message, push notification or, on rare occasion, via email. No SMS messages, emails or push messages will be sent that have no direct correlation to Drivr services. We are not liable for any service interruptions by phone carriers.

Intellectual Property Ownership 

The Company alone (and its licensors, where applicable) shall own all rights, title and interest, including all related intellectual property rights, in and to the Application and the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by the legal entity or any other party relating to the Application or the Service. This Agreement is not a sale and does not convey to the legal entity any rights of ownership in or related to the Application or the Service, or any intellectual property rights owned by the Company. The Company’s name, the Company logo, and the product names associated with the Application and Service are trademarks of the Company or third parties, and no right or license is granted for their use.

Third Party Interactions 

During the use of the Application and Service, the legal entity may enter into correspondence with, purchase goods and/or services from, or participate in promotions by third party service providers, advertisers or sponsors showing their goods and/or services through the Application or Service. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between the legal entity and the applicable third-party. The Company and its licensors shall have no liability, obligation or responsibility for any such correspondence, purchase, transaction or promotion between the legal entity and any such third-party. The Company does not endorse any sites on the Internet that are linked to the Service or Application, and in no event shall the Company or its licensors be responsible for any content, products, services or other materials on or available from such sites or third party providers. The Company provides the Application and Service to the legal entity pursuant to the terms and conditions of this Agreement. The legal entity recognises, however, that certain third-party providers of goods and/or services may require the legal entity’s agreement to additional or different terms and conditions prior to the legal entity’s use of or access to such goods or services, and the Company disclaims any and all responsibility or liability arising from such agreements between the legal entity and the third party providers.

The Company may rely on third party advertising and marketing supplied through the Application or Service and other mechanisms to subsidise the Application or Service. By agreeing to these terms and conditions, the legal entity agrees to receive such advertising and marketing. If the legal entity does not want to receive such advertising, the legal entity should notify us in writing. The Company reserves the right to charge the legal entity a higher fee for the Service or Application should the legal entity choose not to receive these advertising services. This higher fee, if applicable, will be posted on the Company's website located at https://www.drivr.com. The Company may compile and release information regarding the legal entity and the legal entity’s use of the Application or Service on an anonymous basis as part of a customer profile or similar report or analysis. The legal entity agrees that it is the legal entity’s responsibility to take reasonable precautions in all actions and interactions with any third party that the legal entity interacts with through the Service.

Indemnification 

By entering into this Agreement and using the Application or Service, the legal entity agrees that the legal entity shall defend, indemnify against and hold the Company, its licensors and every such party's parent organisations, subsidiaries, affiliates, officers, directors, Users, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with: (a) The legal entity’s violation or breach of any term of this Agreement or any applicable law or regulation, whether or not referenced herein; (b) The legal entity’s violation of any rights of any third party, including providers of transportation services arranged via the Service or Application, or (c) The legal entity’s use or misuse of the Application or Service.

Disclaimer of Warranties 

THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE OR APPLICATION. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT: (A) THE USE OF THE SERVICE OR APPLICATION WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, APPLICATION, SYSTEM OR DATA; (B) THE SERVICE OR APPLICATION WILL MEET THE LEGAL ENTITY’S REQUIREMENTS OR EXPECTATIONS; (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE; (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY THE LEGAL ENTITY THROUGH THE SERVICE WILL MEET THE LEGAL ENTITY’S REQUIREMENTS OR EXPECTATIONS; (E) ERRORS OR DEFECTS IN THE SERVICE OR APPLICATION WILL BE CORRECTED; OR, (F) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICE AND APPLICATION IS PROVIDED TO THE LEGAL ENTITY STRICTLY ON AN "AS IS" BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY THE COMPANY. THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, SAFETY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF ANY SERVICES, PRODUCTS OR GOODS OBTAINED BY THIRD PARTIES THROUGH THE USE OF THE SERVICE OR APPLICATION. THE LEGAL ENTITY ACKNOWLEDGES AND AGREES THAT THE ENTIRE RISK ARISING OUT OF THE LEGAL ENTITY’S USE OF THE APPLICATION AND SERVICE, AND ANY THIRD PARTY SERVICES OR PRODUCTS REMAINS SOLELY WITH THE LEGAL ENTITY, TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Internet Delays 

THE COMPANY'S SERVICE AND APPLICATION MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. THE COMPANY IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.

Limitation of Liability 

IN NO EVENT SHALL THE COMPANY AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING PERSONAL INJURY, LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE). THE COMPANY AND/OR ITS LICENSORS SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY WHICH MAY BE INCURRED BY THE LEGAL ENTITY, INCLUDING BUT NOT LIMITED TO LOSS, DAMAGE OR INJURY ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SERVICE OR APPLICATION, INCLUDING BUT NOT LIMITED TO THE USE OR THE INABILITY TO USE THE SERVICE OR APPLICATION, ANY RELIANCE PLACED BY THE LEGAL ENTITY ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN THE LEGAL ENTITY AND ANY THIRD PARTY SERVICE PROVIDER, ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE WEBSITE OR IS REFERRED BY THE SERVICE OR APPLICATION, EVEN IF THE COMPANY AND/OR ITS LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE COMPANY MAY INTRODUCE THE LEGAL ENTITY TO THIRD PARTY TRANSPORTATION PROVIDERS FOR THE PURPOSES OF PROVIDING TRANSPORTATION. THE COMPANY WILL NOT ASSESS THE SUITABILITY, LEGALITY OR ABILITY OF ANY THIRD PARTY TRANSPORTATION PROVIDERS AND THE LEGAL ENTITY EXPRESSLY WAIVES AND RELEASES THE COMPANY FROM ANY AND ALL ANY LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE THIRD PARTY TRANSPORTATION PROVIDER. THE COMPANY WILL NOT BE A PARTY TO DISPUTES OR NEGOTIATIONS OF DISPUTES BETWEEN THE LEGAL ENTITY AND ANY THIRD PARTY PROVIDERS. THE COMPANY CANNOT AND WILL NOT PLAY ANY ROLE IN MANAGING PAYMENTS BETWEEN THE LEGAL ENTITY AND THE THIRD PARTY PROVIDERS. RESPONSIBILITY FOR THE DECISIONS THAT THE LEGAL ENTITY MAKES REGARDING SERVICES OFFERED VIA THE APPLICATION OR SERVICE (WITH ALL ITS IMPLICATIONS) RESTS SOLELY WITH THE LEGAL ENTITY. WE WILL NOT ASSESS THE SUITABILITY, LEGALITY OR ABILITY OF ANY SUCH THIRD PARTIES AND THE LEGAL ENTITY EXPRESSLY WAIVES AND RELEASES THE COMPANY FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, OR DAMAGES ARISING FROM THE LEGAL ENTITY’S USE OF THE APPLICATION OR SERVICE, OR IN ANY WAY RELATED TO THE THIRD PARTIES INTRODUCED TO THE LEGAL ENTITY BY THE APPLICATION OR SERVICE. THE LEGAL ENTITY EXPRESSLY WAIVES AND RELEASES ANY AND ALL RIGHTS AND BENEFITS UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA (OR ANY ANALOGOUS LAW OF ANY OTHER STATE), WHICH READS AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM, MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

THE QUALITY OF THE TRANSPORTATION SERVICES SCHEDULED THROUGH THE USE OF THE SERVICE OR APPLICATION IS ENTIRELY THE RESPONSIBILITY OF THE THIRD PARTY PROVIDER WHO ULTIMATELY PROVIDES SUCH TRANSPORTATION SERVICES TO THE LEGAL ENTITY. THE LEGAL ENTITY UNDERSTANDS, THEREFORE, THAT BY USING THE APPLICATION AND THE SERVICE, THE LEGAL ENTITY MAY BE EXPOSED TO TRANSPORTATION THAT IS POTENTIALLY DANGEROUS, OFFENSIVE, HARMFUL TO MINORS, UNSAFE OR OTHERWISE OBJECTIONABLE, AND THAT THE LEGAL ENTITY USES THE APPLICATION AND THE SERVICE AT THE LEGAL ENTITY’S OWN RISK.

Notice 

The Company may give notice by means of a general notice on the Service, or by electronic mail to the legal entity’s email address as recorded in the Company's account information, or by written communication sent by first class mail or pre-paid post to the legal entity’s address as recorded in the Company's account information. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). The legal entity may give notice to the Company (such notice shall be deemed given when received by the Company) at any time by email to: info@drivr.com, addressed with: attention: CEO.

Assignment

This Agreement may not be assigned by the legal entity without the prior written approval of the Company but may be assigned without the legal entity’s consent by the Company to (i) a parent or subsidiary, (ii) an acquirer of assets, or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. 

Dispute Resolution 

The legal entity and the Company agree that any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof or the use of the Service or Application (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right to bring an individual action in a small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. The legal entity acknowledges and agrees that the legal entity and the Company are each waiving the right to a trial by jury or to participate as a plaintiff or class User in any purported class action or representative proceeding. Further, unless both the legal entity and the Company otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held to be unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of this Agreement.

 

Arbitration Rules and Governing Law.

Any legal case or dispute shall be settled under the laws of Denmark in Copenhagen.

 

Arbitration Process.

Any party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified under Danish law.

 

Arbitration Location and Procedure.

Unless the legal entity and the Company otherwise agree, the arbitration will be conducted in the county where the Company resides. If the legal entity’s claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents that the legal entity and the Company submit to the arbitrator, unless the legal entity requests a hearing or the arbitrator determines that a hearing is necessary.

 

Fees.

Each party will pay their own self-inflicted legal fees and costs.

 

General 

No joint venture, partnership, employment, or agency relationship exists between the legal entity, the Company or any third party provider as a result of this Agreement or the use of the Service or Application. If any provision of the Agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall be enforced to the fullest extent of the law. The failure of the Company to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Company in writing. This Agreement comprises the entire agreement between the legal entity and the Company and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein.