The term DriversKart or us or we refers to the owner of the website and mobile application. The term you refers to the user or viewer of our website.
I. USER(S) ELIGIBILITY
User(s) means any individual or business entity/organization that legally operates in India or in other countries, uses and has the right to use the Services provided by DriversKart.
The Services provided by DriversKart is a technology based service which enables the hiring of drivers by commuters / passengers for a point to point service, or for time and usage based service within city limits and outside city limits, including inter-city all over India, through the internet and / or mobile telecommunications devices.
The Services consist of connecting Users with Personal Drivers to drive Users in their own vehicles from one location to another. In some cases, the Services may include driving the User’s vehicle from one location to another without User being in the vehicle. DriversKart is not a taxi or limousine service and all DriversKart drivers (each, a "Driver", and collectively the "Drivers")) are independent contractors, and not employees of DriversKart. DriversKart provides its Users access to a pool well-qualified and certified independent drivers and handles the coordination and administration of the Service for its Users through its technology platform.
Our Services are available only to those individuals or companies who can form legally binding contracts under the applicable law. Therefore, user(s) 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.
DriversKart advises its users that while accessing the web site, they must follow/abide by the related laws. DriversKart is not responsible for the possible consequences caused by your behaviour during use of web site. DriversKart may, in its sole discretion, refuse the service to anyone at any time.
II. USER(S) AGREEMENT
This agreement applies to user(s) if user(s) are visitors, registered - free or paid user(s) who access the web site for any purpose. It also applies to any legal entity which may be represented by you under actual or apparent authority. User(s) may use this site solely for their own personal or internal purposes.
This agreement applies to all DriversKart Services offered on the web site, collectively with any additional terms and condition that may be applicable to the specific service used/accessed by user(s).In the event of a conflict or inconsistency between any provision of the terms and conditions mentioned herein with those of the particular service, the provisions of the terms and conditions applicable to such specific Services shall prevail.
III. AMENDMENT TO USER(S) AGREEMENT
DRIVERSKART may change, modify, amend, or update this agreement from time to time without any prior notification to user(s) and the amended and restated terms and conditions of use shall be effective immediately on posting. If you do not adhere to the changes, you must stop using the service. Your continuous use of the Services will signify your acceptance of the changed terms.
IV. INTELLECTUAL PROPERTY RIGHTS
DRIVERSKART is the sole owner or lawful licensee of all the rights to the web site and its content. Web site content means its design, layout, text, images, graphics, sound, video etc. The web site content embody trade secrets and intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the web site and its content shall remain with DRIVERSKART, its affiliates or licensors of DRIVERSKART content, as the case may be.
All rights, not otherwise claimed under this agreement or by DriversKart.com, are hereby reserved. The information contained in this web site is intended, solely to provide general information for the personal use of the reader, who accepts full responsibility for its use. DRIVERSKART does not represent or endorse the accuracy or reliability of any information, or advertisements (collectively, the "content") contained on, distributed through, or linked, downloaded or accessed from any of the Services contained on this web site, or the quality of any products, information or other materials displayed, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the Service.
We accept no responsibility for any errors or omissions, or for the results obtained from the use of this information. All information in this web site 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 user(s). In no event shall DRIVERSKART be liable for any direct, indirect, incidental, punitive, or consequential damages of any kind whatsoever with respect to the Service. User(s) of this site must hereby acknowledge that any reliance upon any content shall be at their sole risk.
DRIVERSKART reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in any portion of the Service or the website.
All related icons and logos are registered trademarks or trademarks or service marks of DRIVERSKART in various jurisdictions and are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.
All content on this web site is the copyright of DRIVERSKART except the third party content and link to third party web site on our website.
Systematic retrieval of DRIVERSKART 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 DRIVERSKART is prohibited.
In addition, use of the content for any purpose not expressly permitted in this Agreement is prohibited and may invite legal action. As a condition of your access to and use of DRIVERSKARTs Services, you agree that you will not use the web site service to infringe the intellectual property rights of others in any way. DRIVERSKART reserves the right to terminate the account of a user(s) upon any infringement of the rights of others in conjunction with use of the DRIVERSKART service, or if DRIVERSKART believes that user(s) conduct is harmful to the interests of DRIVERSKART, its affiliates, or other users, or for any other reason in DRIVERSKARTs sole discretion, with or without cause.
V. USER ACCOUNTS, OFFERS AND PROMOTIONS
DriversKart 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 bonafide basis. Misuse and misrepresentation of identity or contact details will lead to automated 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 DriversKart. Any promotional discounts, offers and reward points accumulated can be revoked without prior notice in the event of suspicious account activity or mala-fide intent of the user.
In the case where the system is unable to establish unique identity of the user against a valid mobile number or e-mail ID, the account shall be indefinitely suspended. DriversKart reserves the full discretion to suspend a users account in the above event and does not have the liability to share any account information whatsoever.
VI. LINKS TO THIRD PARTY SITES
Links to third party sites are provided by web site as a convenience to user(s) and DRIVERSKART has not have any control over such sites i.e content and resources provided by them.
DRIVERSKART may allow user(s) access to content, products or Services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise) to such Third Partys web site. You are cautioned to read such sites terms and conditions and/or privacy policies before using such sites in order to be aware of the terms and conditions of your use of such sites. DRIVERSKART believes that user(s) acknowledge that DRIVERSKART has no control over such third partys site, does not monitor such sites, and DRIVERSKART shall not be responsible or liable to anyone for such third party site, or any content, products or Services made available on such a site.
Most content and some of the features on the web site are made available to visitors free of charge. However, DRIVERSKART reserves the right to terminate access to certain areas or features of the web site at any time for any reason, with or without notice. DRIVERSKART also reserves the universal 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 DRIVERSKART and/or other visitors to the web site. DRIVERSKART reserves the right to limit, deny or create different access to the web site and its features with respect to different user(s), or to change any of the features or introduce new features without prior notice.
VIII.Terms and Conditions for use of drivers
The following Terms and Conditions shall apply to customers / passengers utilising the Services offered by the Company for the hiring of drivers:
- Prior to requesting service, User may be required to provide DriversKart certain basic information with respect to the Users vehicles that will be used to provide services hereunder, possibly including the make, model number, colour, license tag number and vin number (the "Vehicle(s)" ). User is the rightful owner, lessee or caretaker of the vehicles whose information is provided to DriversKart
- The registration, license tags, and insurance for the vehicles are current, and the vehicles are insured in at least the minimum amounts required state law;
- The vehicle is maintained in good working condition and in compliance with applicable laws and has no defects or conditions that may cause the vehicle to be unsafe to drive;
- No contraband, substance or other items which are illegal for public transport are concealed or within the vehicle;
- The vehicle has sufficient fuel to reach the drop-off location;
- The User will use the service only for personal, non-commercial use, and only for User and Users immediate family (a spouse, parent, or child residing in the same home as User), and User may not re-sell the services;
- The User shall pay any expenses required to get the Users’ Vehicle to its destination, including but not limited to: (i) fuel costs if Driver, in his or her sole discretion, concludes that based on the Vehicles fuel gauge reading, the Vehicle has insufficient fuel to reach the desired drop-off point; (ii) towing or other emergency roadside expenses resulting from mechanical failure of the Vehicle; and (iii) parking fees and/or tolls and valet charges. There will be a 10% administrative charge for any expenses incurred, and not reimbursed, on the user’s behalf.
- The customer shall pay the fare for hiring a driver (as displayed in the meter), parking charges, additional night surcharge (where applicable) and any fee or levy presently payable or hereinafter imposed by the law or required to be paid for availing of the driver’s Services.
- The customer agrees and accepts that the use of the Services provided by the Company is at the sole risk of the Customer, and further acknowledges that the Company disclaims all representations and warranties of any kind, whether express or implied.
The customer shall ensure that he/she will not indulge in any of the following activities while utilizing the services of the driver:
a. Asking the driver to break any Traffic/RTO/City Police and/or government rules for any purpose (especially reaching the destination earlier). The driver has the right to refuse such a request by the customer. The driver also has the right to refuse such an assignment or to remove himself from the car.
b. Making physical contact with the Driver, before, during and after the pick-up and drop-off, or not treating the Drivers with respect and courtesy.
The customer agrees and acknowledges that the use of the Services offered by Company is at the sole risk of the customer and that Company disclaims all representations and warranties of any kind, whether express or implied as to condition, suitability, quality, merchantability and fitness for any purposes are excluded to the fullest extent permitted by law.
Without prejudice to the above, the Company makes no representation or warranty that:
a. The Services will meet the customers requirements;
b. The Services will be uninterrupted, timely, secure, or error-free.
c. The Company shall not be responsible or liable for any loss or damage, howsoever caused or suffered by the Customer arising out of the use of the driver service offered by Company or due to the failure of Company to provide Services to the Customer for any reason whatsoever including but not limited to the Customers non-compliance with the Services recorded voice instructions, malfunction, partial or total failure of any network terminal, data processing system, computer tele-transmission or telecommunications system or other circumstances whether or not beyond the control of Company or any person or any organization involved in the above mentioned systems.
d. The Company will not be liable for any damages of any kind arising from the use of the Service offered by the Company, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
e. There shall be extra charges for far off locations and toll charges as well.
f. If any passenger if misses the train or flight or bus, Company will not be liable for any compensation. The customer shall make an alternate arrangement if the cab has not reached due to any reason.
- The Customer shall indemnify Company from and against and in respect of any or all liabilities, losses, charges and expenses (including legal fees and costs on a full indemnity basis) claims, demands, actions and proceedings which Company may incur or sustain directly or indirectly from or by any reason of or in relation to the use or proposed use of the Services by the Customer and shall pay such sums on demand on the Company.
- The Company is hereby authorized to use the location based information provided by any of the telecommunication companies when the Customer uses the mobile phone to make a driver booking. The location based information will be used only to facilitate and improve the probability of locating a driver for the Customer.
- The Company shall be entitled to disclose to all companies within its group, or any government body as so required by the law or by directive or request from any government body, the particulars of the Customer in the possession of Company in any way as Company, in its absolute discretion, deems fit or if it considers it in its interests to do so.
- The Company shall be entitled at any time without giving any reason to terminate the booking of drivers done by the Customer.
- The Company encourages all its customers to take full responsibility of his/her items and vehicle. In case of any damage to the vehicle arising due to prior problems in the vehicle or ones caused by the hired driver, the Company is not responsible for any damage and it holds no liability for it.
- The Company shall not be liable for any conduct of the drivers. However, the Company encourages you to notify it of any complaints that you may have against the driver of any taxi that you may have hired using the Companys Services.
- The Company shall be entitled to add to, vary or amend any or all these terms and conditions at any time and the Customer shall be bound by such addition, variation or amendment once such addition, variation or amendment are incorporated into these terms and conditions at Companys website at www.DriversKart.com on the date that Company may indicate that such addition, variation or amendment is to come into effect.
- All the calls made to the Companys call centre are recorded by the Company for quality and training purposes.
- All drivers registered with the Company are continuously tracked using GPS for security reasons only. It is expressly made clear to you hereby that the Company does not directly or indirectly employ any drivers. Drivers are all supplied by third parties and the Company disclaims any and all liability in respect of the drivers.
- User hereby authorizes DriversKart to leave the Vehicle locked and parked in the hospital or urgent care parking lot in the event of an emergency, keys will be retained by DriversKart until such time as User or a family member or other authorized person authorizes their release; and
- In the event that an emergency arises, User authorizes DriversKart and/or the Driver to attempt to contact any associated with the account as either a profile or account owner.
- The Company has right to use the customer contact information for its own marketing purposes. The Company may send regular SMS updates to the mobile numbers registered with it.
- 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 Company or the agreement or arrangement between Company and the Customer.
The information contained in this website is for general information purposes only. The information is provided by DriversKart and while we endeavour 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 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.
Through this website you are able to link to other websites which are not under the control of DriversKart. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.
Every effort is made to keep the website up and running smoothly. However, DriversKart takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.
We are committed to ensuring that your information is secure. In order to prevent unauthorized access or disclosure we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.
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We use traffic log cookies to identify which pages are being used. This helps us analyze data about webpage traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.
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You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.
Links to other websites
Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.
We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen.
You may request details of personal information which we hold about you under the Data Protection Act 1998. A small fee will be payable. If you would like a copy of the information held on you please write to admin@DriversKart.com.
If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible, at the above address. We will promptly correct any information found to be incorrect.