Transportation company Terms & Conditions of Service
DriveNot is a technology platform that brings together global service providers with mobile customers. DriveNot is owned by Kanev Web Development Limited registered in England and Wales #8902407.
1. YOUR USE OF DriveNot
1.1 You can only use DriveNot if you are a licensed people transportation provider. We will not let you join (in our discretion) where: (i) we have reason to believe that you are not a licensed people transportation provider; or (ii) you do not provide the required information for registration.
1.2 You agree:
1.2.1 and promise that all information and details provided by you to us (including on registration) are true, accurate and up-to-date in all respects and at all times. You can update or correct your details at any time when you Contact us;
1.2.2 your use of DriveNot grants you no rights in relation to our intellectual property rights (including, without limitation, copyright, trade marks, logos, graphics, photographs, animations, videos and text or rights in and to DriveNot software, applications and website) or the intellectual property of our retail or advertising partners, other than the non-transferable, personal right to use and receive the DriveNot services in accordance with these Terms;
1.2.3 that you will not use DriveNot: for any unlawful purpose; in any way that interrupts, damages, impairs or renders DriveNot less efficient; to transfer files that contain viruses, trojans or other harmful programs; to access or attempt to access the accounts of other users or to penetrate or attempt to penetrate any security measures; to disseminate any content which is defamatory, obscene, or may have the effect of being harassing, threatening or abusive to an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability or otherwise; to advertise or promote third party or your own products or services (other than your people transportation services in the normal course of the use of DriveNot);
1.2.4 and warrant that: you have all the appropriate licenses, approvals and authority to provide people transportation services to passengers; that you own or have the legal right to operate the vehicle you use when using DriveNot and that such vehicle meets all relevant safety standards; and that you have valid insurance cover for your vehicle and services;
1.2.5 to refrain from doing anything which we reasonably believe to be disreputable or capable of damaging our reputation;
1.2.6 and acknowledge that we have limited control over the nature and content of information and chat transmitted or received by you or other users of DriveNot. Although we reserve the right to do so, we do not monitor such content in the usual course of business and will not be liable for any such content. If you have a complaint about another user please Contact us;
1.2.7 that you will comply with all applicable laws and be responsible for the provision of your people transportation services to passengers (including without limitation, following safety laws in relation to the use of mobile devices whilst driving);
1.2.8 to compensate and defend us fully against any claims or legal proceedings brought against us by any other person as a result of your breach of these Terms.
1.3 In relation to the reporting information that we provide, we use all reasonable endeavours to ensure that such information is accurate but we can't guarantee that it will always be accurate or correct and therefore you should use your own judgment when acting on the basis of information provided.
1.4 Please note that we are not responsible for the behaviour, actions or inactions of passengers whether or not they are DriveNot users (although, where such passenger is a DriveNot registered passenger and pays through DriveNot, payment protection is provided in the circumstances set out in clause 2.3 below). Any contract for the provision of people transportation services is between you and the user and not DriveNot and we simply provide a platform to introduce drivers and passengers and facilitate payments in certain circumstances.
2. CHARGES AND PAYMENT
2.1 It is free to generally use the DriveNot app at the time we draft this agreement.
2.2 Charges for use of PayPal are set on PayPal’s website (accessible where you are a registered user in your PayPal account). We do not provide payment protection or guarantees in relation to PayPal transactions. This means that you will bear the risk in the event that a transaction proves to be fraudulent or unauthorised. The following additional terms apply where you use PayPal:
2.2.1 you may only accept and process payments using PayPal where the cardholder has authorised such transaction;
2.3 You acknowledge that payment providers may ask that we or they conduct an audit of your activities to ensure compliance with these Terms and use of DriveNot or PayPal and you agree to co-operate fully with any such audit. You further agree that you will co-operate in relation to any financial crime screening that is required and to assist us in complying with any laws and card or financial institution rules or policies.
3.1 We may terminate these Terms and close any account you have with us without notice. We may also terminate these Terms and close your account without notice if you breach any of your obligations under these Terms, if you cease to be a licensed people transportation provider, if bankruptcy proceedings are brought against you or if you do not pay a court judgment on time.
3.2 We reserve the right to suspend, restrict or terminate your access to DriveNot at any time without notice if we have reasonable grounds to believe you have breached any of these Terms. This shall not limit our right to take any other action against you that we consider appropriate to defend our rights or those of any other person.
3.3 You may cancel these Terms at any time by simply closing your account. Contact us if you wish to do so.
4. OUR LEGAL OBLIGATIONS AND LIMITS ON OUR LIABILITY
4.1 We do not seek to exclude liability for fraudulent misrepresentation by us or our employees or agents. You have certain rights under the law. These include that we will provide DriveNot to a reasonable standard and within a reasonable time. Nothing in these Terms is intended to affect these statutory rights. For more information about your statutory rights you can contact your local Citizens Advice Bureau or Trading Standards Office.
4.2 We are not responsible for: (i) losses not caused by our breach; (ii) the actions or inactions of any passengers; (iii) the actions or inactions of other drivers; (iv) indirect losses which means loss to you which is a side effect of the main loss or damage and where you and us could not have reasonably anticipated that type of loss arising at the time of entering into these Terms; or (v) failure to provide DriveNot or to meet any of our obligations under these Terms where such failure is due to events beyond our control (for example a network failure).
5.1 We may wish to transfer our rights or obligations or sub-contract our obligations under these Terms to another legal entity. You agree that we may do so provided that this will not adversely affect the standard of service you receive under these Terms. As set out above, you may terminate your agreement with us at any time. These Terms are personal to you. You may not transfer your rights or obligations under these Terms to anyone else.
5.2 If you breach these Terms and we take no action against you, we will still be entitled to use Our rights and remedies in any other situation where you breach these Terms.
5.3 If any part of these Terms is disallowed or found to be ineffective by any court or regulator, the other provisions shall continue to apply.
5.4 These Terms are not intended to give rights to anyone except you and us.
5.5 We are constantly looking for ways to improve and expand DriveNot. We may amend these Terms from time to time in order to reflect changes to DriveNot. You can terminate at any time as set out above.
5.6 We will do our best to resolve any disputes over these Terms. If you wish to take court proceedings against us you must do so within the United Kingdom. If you live in England or Wales the laws of England and Wales shall apply and if you live in Scotland, Scottish law shall apply.
5.7 These Terms and Conditions were last updated on 17 October 2014.