DriverNet - Car driver service in Lucknow

Definitions

“DriverNet”, “we”, “our” and “us” shall mean DriverNet.
“You”, yourself / yourselves and “your” shall mean a User, who meets the eligibility criteria set out below.
“Driver” or ‘’Drivers’’ shall mean the driver engaged by you by using our Website.
“Force Majeure” shall have the meaning as set out below.
“Service” or “Services” shall mean the service of providing short-term private Driver solutions via the Website.
‘’User’’ or ‘’Users’’ shall have the meaning who as registered with us.
‘’Website’’ shall mean the website https://www.drivernet.in.

Modifications in Terms of Use

These Terms of Use may be modified from time to time in our sole discretion.
It is your responsibility to review these Terms and Conditions from time to time.
If you continue to use the Service after notice of change has been published on our Website, you thereby provide your consent to the changed practices on the same terms hereof.
We encourage you to review these Terms of Use each time you access and use the Website.
Do review these Terms of Use every time you make a booking for a driver via the Website or phone.
If you are not agreeable to these Terms of Use, you may not use the Services or the Website.

Services description

DriverNet operates a technology based electronic platform service called ‘DriverNet’.
DriverNet seeks to provide drivers-on-demand to customers who wish to obtain the services of a driver.
DriverNet enables the hiring of drivers by commuters/passengers for incity/outstation commute.
The Service is designed to offer you information and a means of obtaining short-term private driver solutions at user’s request.
As a User, you authorize the opted Driver to operate your vehicle and make decisions on your behalf during a period of time designated by you.
The Drivers offering their services on the DriverNet platform are individuals and independent service providers who have opted to enlist themselves with DriverNet.
The drivers are screened and trained prior to being listed as a driver on the DriverNet platform.
At no point can the driver represent himself to be an employee of DriverNet.
DriverNet does not provide driving services. It simply provides a platform to connect Users to Drivers.
The user terms and conditions in here expressly provide that the drivers are independent service providers and are not employees of DriverNet.
It is to be noted that DriverNet, in itself does not provide driving/transportation services. The customer offers the mode of transportation.
The terms and conditions clearly state that the provision of services by the driver to the customer is subject to the agreement (to be)entered into between them. DriverNet shall under no circumstance be a party to such agreement.
DriverNet aims at bringing drivers and customers owning private cars on a common platform by which the said customers can place a request for the services of a professional driver for commute.
The e-commerce platform brings the customer into contact with a driver so as to avail the latter’s services, subject to the availability of drivers in or around the customer’s location at the time of registering his request.
The request by the customer could be for a point-to-point commute or a round trip. The request is placed by the customer electronically through an online website operated by DriverNet or via phone service.
If the request for a driver is placed via phone, it is assumed that the User has read and understood the Terms of Use for accessing and using DriverNet services.
Towards the end of the commute, the customers are charged for the services of the driver, which is intimated at the website/by phone.
The services may be paid for by the customers either in cash, directly to the driver or through online payment options, to DriverNet
Where the customer opts to pay for the drivers’ services through any of the online modes, DriverNet remits the proceeds collected from the customers to the respective drivers.
In return for the use of the DriverNet’s electronic platform, the Drivers are charged a convenience fee by DriverNet.
DriverNet remits any applicable tax to the credit of the respective Governments and regularly files periodic returns as prescribed under the GST laws.

Use of service and website

The Website allows you to send a request for Service.
DriverNet has sole and complete discretion to accept or reject each request for providing the Service.
If DriverNet accepts a request, Website notifies you and provides information regarding the Driver - including his name and the ability to contact the Driver by telephone or a message.
DriverNet shall undertake commercially reasonable efforts to bring you into contact with a Driver in order to avail the Services, subject to the availability of Drivers in or around your location at the moment of your request for the Services.
DriverNet itself does not provide transportation services.
It is up to the User to offer transportation.
DriverNet only acts as intermediary between the Driver and you. The provision of the Services by the Driver to you is, therefore, subject to the agreement (to be) entered into between the Driver and you. DriverNet shall under no circumstance be a party to such agreement.
DriverNet disclaims any and all liability in respect of the Drivers including any claims of employment or any vicarious liability arising out of the Service or otherwise.

User Eligibility and Agreement

User means any individual or business entity/organization that legally operates in India or in other countries, and uses and has the right to use the Services provided by DriverNet.
Our Services are available only to those individuals or entities who can execute legally binding contracts under the applicable law. Therefore, a User must not be a minor as per Indian Law; i.e. User(s) must be at least 18 years of age to be eligible to use our Services.
DriverNet advises its Users that while accessing the Website, they must follow/abide by the applicable laws.
DriverNet may, in its sole discretion, refuse the Service to anyone at any time.
This Agreement applies to all Services offered on the Website, collectively with any additional terms and condition that may be applicable.

Registration

To use the Services, you have to be registered on the Website by providing your name, date of birth, contact number, home address, email address and other details.
You can complete the registration on the DriverNet Website by using the Sign Up form.
You can call us with your details and we will complete the registration on your behalf before accepting the booking request for driver.
If we complete your registration on the DriverNet Website on your behalf, it is assumed that you have read and understood the Terms of Use of DriverNet service and agree to comply with and be bound by the Terms of Use.

Representations and warranties As a precondition to your use of the Services, you represent and warrant that:

The information you provide to DriverNet is accurate and complete.
DriverNet is entitled, at all times, to verify the information that you have provided and to refuse the Service or use of the Website without providing reasons.
DriverNet service is only available for private cars for non-commercial purposes.
You will ensure that DriverNet service is being utilized only for non-commercial purposes in a private car.
You have the legal right and authority to possess and operate the vehicle when engaging our Services and you confirm, represent and warrant that the said vehicle is in good operating condition and meets the industry safety standards and all applicable statutory requirements for a motor vehicle of its kind.
You will check the driving licence/Aadhaar of the Driver and match it with the information provided by DriverNet.
You will convince yourself of the capabilities of the driver before handing over the car key.
You will be solely responsible for any and all liability which results from or is alleged as a result of the condition of your vehicle, legal compliance, etc., including, but not limited to, personal injuries, death and 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 while the Services are being availed of by you, you will be responsible for all storage fees, roadside assistance, alternate transportation and repair of any kind and neither DriverNet nor the Driver shall be responsible in any manner whatsoever.
You have the legal right to designate the Driver as your agent and delegate actual authority to the Driver to operate your vehicle and make decisions on your behalf for the purposes of providing Services offered through the DriverNet platform.
You are named or scheduled on the insurance policy covering the vehicle you use when engaging our Services.
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 the Driver.
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 contacts with your insurance provider.
Other than any personal criminal liability attaching to the Driver you will be solely responsible for all consequences arising out of the use of the Service or the Driver. In any event DriverNet shall have no responsibility or liability on this account whatsoever.
You specifically authorize us to use, store or otherwise process the personal details that you have provided at the time of registration on the Website in order to provide the Services to you.
You will obey all applicable laws related to the matters set forth herein and will be solely responsible for any violations of the same.

Trip start and cancellation policy

DriverNet drivers will report in time and start the trip timer.If driver is late, he/she will start the trip meter when you are ready to go or after 15 minute of driver's arrival.
You may cancel the booking within 60 minutes prior to the time of journey, without any cancellation charges for all Services.
The customer is liable for Rs 100/- charge if the trip is cancelled less than 1 hour before the reporting time.
The customer is liable for Rs 200/- charge if the trip is cancelled after the driver has reached the reporting location and the trip is cancelled after the reporting time.
When a trip ends, DriverNet driver ends the trip on the Website. It then calculates the total fare amount due from You and it appears in your account on the Website.

Payment

You may pay the service charge intimated by the Website/phone via cash or digital/online payments options.
Digital/online payment related issue shall be resolved between You and the payment processor.

Limitation of Liability

The information, recommendations and/or Services provided to you on or through the Website are for general information purposes only and do not constitute advice.
DriverNet will take reasonable steps to keep the Website and its contents correct and up to date but does not guarantee that the contents of the Website are free of errors, defects, malware and viruses or that the Website are correct, up to date and accurate.
DriverNet shall not be liable for any damages resulting from the use of, or inability to use, the Website, including damages caused by malware, viruses or any incorrectness or incompleteness of the information on the Website.
DriverNet shall further not be liable for damages resulting from the use of, or the inability to use, electronic means of communication with the Website, 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.
Without prejudice to the foregoing, and insofar as allowed under mandatory applicable law, DriverNet’s aggregate liability shall in no event exceed the equivalent of the amount for the payment of the Services.
The quality of the Services requested through the use of the Website is entirely the responsibility of the Driver who ultimately provides such transportation services to you.
DriverNet 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.
We 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 ( “Force Majeure” ).
If we have contracted to provide identical or similar Service to more than one User and are prevented from fully meeting our obligations to you by reason of an event of Force Majeure, we may decide at our absolute discretion which booking we will fulfill by providing the Service, and to what extent.
We have taken all reasonable steps to prevent internet fraud and ensure any data collected from you is stored as securely and safely as possible. However, we shall not be held liable in the unlikely event of a breach in our secure computer servers or those of third parties other than as required under applicable law.

User Accounts

DriverNet 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 are 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.
User accounts bearing contact number and email IDs are created and owned by DriverNet.

Termination

DriverNet reserves the right to deny access to particular Users to any/all of its Services without any prior notice/explanation in order to protect the interests of DriverNet and/or other Users to the Website.
DriverNet reserves the right to limit, deny or create different access to the Website and its features with respect to different Users.
We reserve the right to terminate your account or your access to the Website immediately, with or without notice to you, and without liability:
- if you have violated any of the Terms of Use
- if you have furnished us with false or misleading information
- pursuant to requests by law enforcement or other government agencies
- in case of unexpected technical or security issues or problems
- in case of discontinuance or material modification to the Services (or any part thereof)
- in case of interference with use of our Website by others
In the event of termination by you or us, 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 without the written consent of DriverNet.
This Terms of Use shall remain in full force and effect while you have an account with us. Even after termination of your account with us, 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 we 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 and all matters connected with, relating to or arising from such use.

Terms and conditions for use of services

The User shall pay the driver the service charge (as displayed in the Website or intimated by phone) or as agreed to in the terms of use as listed on the Website, parking charges, additional night surcharge (where applicable), return fare(where applicable), toll charges and any fee or levy presently payable or hereinafter imposed by the law or required to be paid for availing of the Services.
The User agrees and accepts that the use of the Services provided by DriverNet is at the sole risk of the User, and further acknowledges that DriverNet disclaims all representations and warranties of any kind, whether express or implied. All Services are provided “AS IS”.
The DriverNet or the Driver has the right to refuse the Service in the following circumstances:
- 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;
- if the User is misusing, soiling or damaging any of the devices (technical/non-technical) of the Driver.
- if the User asks the Driver to break any traffic/RTO/city police and/or government rules for any purpose. The Driver has the right to refuse such a request by the User.
Without prejudice to the above, DriverNet makes no representation or warranty that:
- the Services will meet the User’s requirements
- the Services will be uninterrupted, timely, secure, or error-free.
DriverNet is hereby authorized to use the location-based information provided by any of the telecommunication companies when the User makes a booking. The location-based information will be used only to facilitate and improve the probability of locating a Driver for the User.
DriverNet shall be entitled to disclose to any government body the particulars of the User in the possession, in its absolute discretion.
DriverNet shall be entitled at any time without giving any reason to terminate the booking of Drivers done by the User.
If the User has any complaints in respect of the Services or the use of the Driver, the User has to inform DriverNet of the same in writing within 24 hours of using the Driver or the Services.
DriverNet shall not be liable for any conduct of the Drivers. However, DriverNet encourages you to notify it of any complaints that you may have against any Driver or the Services.

Indemnity

The User shall defend, indemnify and hold, DriverNet, 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:
- Violation or breach of the Terms of Use or any applicable law or regulation, whether or not referenced herein
- Violation of any rights of any third party, including the Driver via the Website
- Use or misuse of the Website or Service

Miscellaneous

The information contained in this Website is for general information purposes only. The information is provided by DriverNet and while we endeavor to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Website or the information, products, services, or related graphics contained on the Website/Application for any purpose. Any reliance you place on such information is, therefore, strictly at your own risk.
In no event will we be liable for any loss or damage, including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this Website or Service.
Every effort is made to keep the Website up and running smoothly. However, DriverNet takes no responsibility for, and will not be liable for, the Website being unavailable due to technical issues beyond our control.
The above mentioned Terms of Use and the Privacy Policy constitute the entire agreement between the User and DriverNet with respect to access to and use of the Website and the Services offered by DriverNet, superseding any prior written or oral agreements in relation to the same subject matter herein.

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

Interpretation Any reference to the singular includes a reference to the plural and vice versa, unless explicitly provided for otherwise; and any reference to the masculine includes a reference to the feminine and vice versa. Headings and captions are used for convenience only and will not affect the interpretation of these T&Cs. Any reference to a natural person will, unless repugnant to the context, include his heirs, executors and permitted assigns. Similarly, any reference to a juristic person such as DriverNet will, unless repugnant to the context, include its affiliates, successors and permitted assigns.

Eligibility

You will be "Eligible" to use Our Services only when You fulfill the following conditions
You have attained at least 18 (eighteen) years of age
You are competent to enter into a contract under the Applicable Laws
If You are not Eligible, please immediately abandon any and all attempts to register with Us
We rely completely on the information provided by You and We shall not be held liable if You or anyone who uses Your Account or DriverNet is not Eligible
Notwithstanding anything contained under these T&Cs, We reserve the right to terminate Your membership and refuse to provide You with access to the Site or provide Services if it is brought to Our notice or if it is discovered that You are under the age of 18 years or are incompetent to contract as per Applicable Laws

Registration

You can register as a Customer, by providing Your name, date of birth, a valid phone number, home address, valid and functional e-mail address
You shall ensure that the Registration Data provided by You must be accurate, complete, current and true.
We shall bear no liability for false, incomplete, old or incorrect Registration Data provided by You.
You hereby expressly consent to receive communications from Us through Your registered phone number and/or e-mail id.
You consent to be contacted by Us via phone calls/SMS notifications.
You agree that any communication so received by You from Us will not amount to spam, unsolicited communication or a violation of Your registration on the national do not call registry.
You are solely responsible for maintaining the confidentiality of Your Registration Data and will be liable for all activities and Transactions that occur through Your Account and DriverNet, whether initiated by You or any third party.
The password and other details of the Account should not be shared with any third party. Your Account is non-transferable.
We shall not be liable for any loss that You may incur as a result of someone else accessing the Website using Your Account/password either with or without your knowledge.
In the event of any change in the said information, You agree to promptly update Your Account information to ensure that the communications We intend to send to You are promptly delivered to You and are not sent to any other entity/third party.
We reserve the right to suspend or terminate Your Account with immediate effect and for an indefinite period, if We have a reason to believe that the Registration Data or any other data provided by You is incorrect or false, or that the security of Your Account has been compromised in any way. We reserve the right to suspend or terminate Your Account for reasons including and not limited to any fraud charges against You raised by the bank or concerned authorities and We also reserve the right to share Your information with them for the purposes of investigation.

Force Majeure

We shall not be liable for any failure to perform any obligations under this T&Cs, if the performance is prevented, hindered or delayed by a Force Majeure Event
In such case its obligations shall be suspended for so long as the Force Majeure Event continues.
For the Purpose of this clause “Force Majeure Event” shall mean any event arising due to any cause beyond the reasonable control of the Party, including, without limitation, unavailability of any communication system, sabotage, fire, flood, explosion, acts of God, civil commotion, strikes or industrial action of any kind, riots, insurrection, war or acts of government.

Waiver

Our failure, delay or omission to exercise or enforce any rights or provisions of these T&Cs will not constitute a waiver of such rights or provisions.
A waiver on any one occasion will not be construed as a bar or waiver of any rights or remedies on future occasions.
Any claim in relation to Services or T&Cs should be filed within 3 (Three) months from when the cause of action arose. Any claims filed beyond this time period shall be barred.

Revisions and Modifications in Terms and Conditions

We reserve the right to change any of the T&Cs or any policies or guidelines governing the Site or Services, at any time and at Our sole discretion.
Any changes will be effective upon posting of the revisions on the Site and You are required to view the modified changes on the internet.
By keeping or using the service after notification, You are deemed to have agreed to the amendment/change.
If You do not agree with any amendment of the terms and conditions, You may cancel the service by informing in writing to DriverNet or by SMS from the registered mobile number. Unless otherwise specified by Us, revised T&Cs will take effect automatically and be binding from the day they are posted on the Site.
Your continued use of the Website following the posting of changes will mean that You accept and agree to the revisions.

Terms & Conditions