inDrive Terms of Use
Last updated: March, 01, 2022
These terms of use constitute an agreement (the “Agreement” or “Terms of Use”) between you and inDrive (“inDrive”, “we,” “us” or “our”) governing your use of the inDrive application and/or website. This Agreement applies to all users. All references “you”, “your”, “yourself” in this Agreement apply all users unless it is specified accordingly.
1. Accepting Terms of Use
1.1. IMPORTANT: BY USING inDrive APPLICATION AND/OR WEBSITES (THE “SERVICE”), YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, ACCEPTED AND AGREED WITH THESE TERMS AND CONDITIONS. YOU FURTHER AGREE TO THE REPRESENTATIONS MADE BY YOURSELF BELOW. IF YOU DO NOT AGREE TO OR FALL WITHIN THE TERMS OF USE OF THE SERVICE AND/OR WISH TO DISCONTINUE USING THE SERVICE, PLEASE DO NOT CONTINUE USING THIS SERVICE.
1.2. The Terms of Use stated herein constitute a legal agreement between you and inDrive and its subsidiaries and affiliates. In order to use the Service, you must agree to the Terms of Use that are set out below. By using the mobile application and websites supplied to you by inDrive (the “Application” or “App”), and downloading, installing or using any associated software supplied by inDrive (the “Software”), you hereby expressly acknowledge and agree to be bound by the Terms of Use, and any future amendments and additions to these Terms of Use as published from time to time through the Application. By installing the inDrive on your mobile device or computer, you unconditionally agree with all the rules, conditions and information posted in the inDrive Application itself and on the website, including but not limited to: these Terms of Use, privacy policy (https://indriver.com/mobile/page/privacyPolicy/en/), Terms of Use customized services of inDrive, as well as the Rules in the Application.
1.3. Please note that inDrive may change any part of these Terms of Use at any time. When inDrive does that, it will provide you with reasonable notice and your continued use of the Application and/or the Services after the notice period will constitute your acceptance of the updated Terms of Use. You agree that it shall be your responsibility to review the Terms of Use regularly and also the Terms of Use applicable to any country where you use the Service whereupon the continued use of the Service after any such changes, whether or not reviewed by you, shall constitute your consent and acceptance to such changes. You further agree that usage of the Service in any other country shall be subject to the Terms of Use prevailing in that other country which can be found at Application.
1.4. inDrive does not offer services to subjects in Member States of the European Union, European Economic Area.
1.5. Each service provided by users on each customized services of inDrive (inDrive.Ride, inDrive.Courier, inDrive.Intercity, inDrive.Cargo and other existing and/or future services) shall constitute a separate agreement between such persons.
inDrive is a technology company that does not provide services does not provide services available for ordering in the Service or hotel services of inDrive directly. inDrive is not a transportation, courier service provider. It is up to the third party providers servcies to offer services to you and it is up to you to accept such services. The service of inDrive is to link you with such service providers but does not nor is it intended to provide such services or any act that can be construed in any way as an act of a service provider.
1.6. inDrive is not responsible nor liable for the acts and/or omissions of any service provider to you.
2. Eligibility
2.1. By using the Service, you expressly represent and warrant that you are legally entitled to accept and agree to the Terms of Use and that you are at least eighteen (18) years old. Without limiting the generality of the foregoing, the Service is not available to persons who are forbidden for any reason whatsoever to enter into a contractual relationship. By using the Service, you further represent and warrant that you have the right, authority and capacity to use the Service and to abide by the Terms of Use. You further confirm that all the information which you provide to inDrive shall be true and accurate. You warrant that your use of the Service is for your own sole, personal use. You undertake not to authorise others to use your identity or user status, and you may not assign or otherwise transfer your user account to any other person or entity. When using the Service you agree to comply with all applicable laws whether in your home nation or otherwise in the country, state and city in which you are located while using the Service.
2.2.You may only access the Service using authorised means. It is your responsibility to check and ensure that you have downloaded the correct Software for your device. inDrive is not liable if you do not have a compatible device or if you have downloaded the wrong version of the Software to your device. inDrive reserves the right not to permit you to use the Service should you use the Application and/or the Software with an incompatible or unauthorised device or for purposes other than which the Software and/or the Application is intended to be used.
2.3. If you are a service provider you further represent, warrant/undertake that you possess a valid license, all the appropriate licenses, approvals, qualifications, certificates at all times. You, as a driver, must inform inDrive immediately if you stop holding aforementioned licenses, approvals, qualifications, certificates.
3. Prices and Payments
3.1. The order of payment is determined in the terms of the Terms of Use for each customized services.
3.2. inDrive payment system is a system under which an one user makes a suggestion for a services’s price and the service request is only confirmed (and a contract is formed between the users) only if the user that requested for service and the service provider both accept quoted price.
3.3. You agree that this Agreement shall be subject to all prevailing statutory taxes, duties, fees, charges and/or costs, however denominated, as may be in force and in connection with any future taxes that may be introduced at any point of time. You further agree to use your best efforts to do everything necessary and required by the relevant laws to enable, assist and/or defend inDrive to claim or verify any input tax credit, set off, rebate or refund in respect of any taxes paid or payable in connection with the Services supplied under this Agreement.
3.4. You are responsible for the collection and remission of all taxes associated with the services you provide or receive or any transactions through your use of the Services, and inDrive will not be held accountable in relation to any transactions between the passengers and the drivers where tax related misconduct has occurred.
3.5. inDrive may charge a fee to the driver for the use of the Services. The terms of payment are specified in Terms of Payment located at https://indriver.com/mobile/page/paymentHelp/en. inDrive may at any time propose changes to the fee. When inDrive does that, it will provide you with reasonable notice and your continued use of the Application and/or the Services after the notice period will constitute your acceptance of the updated fees.
3.6. A refund is the amount of the fee from cancelled orders, which the driver will receive back, each fee will be refunded separately in 30 days after the order was cancelled. Refunds will apply to the drivers only.
3.7. We will deduct the fee in according to terms of Terms of use customized service in inDrive.
4. License Grant and Restrictions
4.1. License. Subject to your compliance with these Terms of Use, inDrive grants you a restricted, non-exclusive, non-transferrable, non-assignable, revocable license to: (a) access and use the Application on your personal device only for the purpose of using the Services; and (b) access and view any content or materials that may be made available through the Services, in each case only for your personal, noncommercial use. All rights not expressly granted to you herein are reserved by inDrive and inDrive's licensors.
4.2. Limitations and restrictions. You are not allowed to: (a) remove any copyright, trademark or other proprietary notices from any part of the Services; (b) modify, create derivative works based upon, reproduce, distribute, license, lease, sell, resell, transfer, publicly display, stream, broadcast or otherwise use the Services unless given a written consent to do so by inDrive; (c) reverse engineer, decompile, disassemble or otherwise attempt to discover or change the source code of the Services except as may be permitted by applicable law; (d) frame, link to or mirror any part of the Services; (e) cause or run any programs or scripts for the purpose of scraping, indexing, surveying or conducting any other form of data collecting on any part of the Services or intentionally overloading or hindering the operation and/or functionality of any aspect of the Services; or (f) try to gain unauthorised access to or attempt to damage any part of the Services or its related systems or networks.
4.3. You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Application and/or the Software in any way; (ii) modify or make derivative works based on the Application and/or the Software; (iii) create internet “links” to the Application or “frame” or “mirror” any Software on any other server or wireless or internet-based device; (iv) reverse engineer or access the Software in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Application and/or the Software, or (c) copy any ideas, features, functions or graphics of the Application and/or the Software, (v) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Application and/or the Software, (vi) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Services or its contents; (vii) post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights, (viii) remove any copyright, trademark or other proprietary rights notices contained in the Service.
4.4. You may use the Software and/or the Application only for your personal purpose and shall not use the Software and/or the Application to: (i) send spam or otherwise duplicative or unsolicited messages; (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including but not limited to materials harmful to children or violative of third party privacy rights; (iii) send 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 Software and/or the Application or the data contained therein; (v) attempt to gain unauthorised access to the Software and/or the Application or its related systems or networks; or (vi) impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity.
4.5. You should abstain from any conduct that could possibly damage inDrive's reputation or amount to being disparaging or brining inDrive into disrepute.
5. Intellectual Property Ownership
5.1. THE SERVICE CONTAINS CONTENT (SUCH AS DESIGN, IMAGES, SOUNDS, TEXTS, DATABASES, COMPUTER CODES, REGISTERED AND UNREGISTERED TRADEMARKS AND OTHER SIMILAR OBJECTS) OWNED OR LICENSED BY inDrive, WHICH IS PROTECTED BY COPYRIGHT, TRADEMARK, PATENT, TRADE SECRET AND OTHER LAWS. inDrive AND ITS LICENSORS, WHERE APPLICABLE, SHALL OWN ALL RIGHTS, TITLE AND INTEREST, INCLUDING ALL RELATED INTELLECTUAL PROPERTY RIGHTS, IN AND TO THE SOFTWARE AND/OR THE APPLICATION AND BY EXTENSION, THE SERVICE AND ANY SUGGESTIONS, IDEAS, ENHANCEMENT REQUESTS, FEEDBACK, RECOMMENDATIONS OR OTHER INFORMATION PROVIDED BY YOU OR ANY OTHER PARTY RELATING TO THE SERVICE. THE TERMS OF USE DO NOT CONSTITUTE A SALE AGREEMENT AND DO NOT CONVEY TO YOU ANY RIGHTS OF OWNERSHIP IN OR RELATED TO THE SERVICE, SOFTWARE AND/OR THE APPLICATION, OR ANY INTELLECTUAL PROPERTY RIGHTS OWNED BY inDrive AND/OR ITS LICENSORS. inDrive NAME, inDrive LOGO, THE SERVICE, THE SOFTWARE AND/OR THE APPLICATION AND THE TRANSPORTATION PROVIDERS' LOGOS AND THE PRODUCT NAMES ASSOCIATED WITH THE SOFTWARE AND/OR THE APPLICATION ARE TRADEMARKS OF inDrive OR THIRD PARTIES, AND NO RIGHT OR LICENSE IS GRANTED TO USE THEM. FOR THE AVOIDANCE OF DOUBT, THE TERM SOFTWARE AND APPLICATION HEREIN SHALL INCLUDE ITS RESPECTIVE COMPONENTS, PROCESSES AND DESIGN IN ITS ENTIRETY.
6. Restricted Activities
6.1. With respect to your use of inDrive and your participation in the Services, you agree that, while on the Application or otherwise using the Service, you will not:
a, fraudulently impersonate any person or entity ;
b. stalk, threaten, or otherwise harass any person, or carry any weapons;
c. violate any law, statute, ordinance or regulation;
d. interfere with or disrupt the Services or the servers or networks connected to inDrive;
e. post Information or interact on inDrive App or Services in a manner which is false, inaccurate, misleading (directly or by omission or failure to update information), defamatory, libelous, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, or illegal;
f. use the inDrive App or Service in any way that infringes any third party's rights, including but not limited to: intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
g. post, email or otherwise transmit any malicious code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data or personal information;
h. forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through inDrive;
i. modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of Software or any software used on or for inDrive;
j. rent, lease, lend, sell, redistribute, license or sublicense inDrive App and the Site or access to any portion of inDrive;
k, use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, scrape, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of inDrive or its contents;
l. create liability for us or cause us to become subject to regulation as a transportation carrier or provider of taxi service;
m. link directly or indirectly to any other websites;
n. transfer or sell your User account, password and/or identification to any other party; or
o, cause any third party to engage in the restricted activities above.
7. Confidentiality
7.1. You shall maintain in confidence all information and data relating to inDrive, its services, products, business affairs, marketing and promotion plans or other operations and its associated companies which are disclosed to you by or on behalf of inDrive (whether orally or in writing and whether before, on or after the date of this Agreement) or which are otherwise directly or indirectly acquired by you from inDrive, or any of its affiliated companies, or created in the course of this Agreement (“Confidential Information”). You shall further ensure that you, your officers, employees and agents only use such confidential information in order to perform the Services, and shall not without inDrive's prior written consent, disclose such information to any third-party nor use it for any other purpose. You shall only disclose such information to such officers, employees and agents as need to know it to fulfil its obligations under this Agreement.
7.2. You agree to take all reasonable measures to protect the secrecy of and avoid disclosure or use of Confidential Information of inDrive in order to prevent it from falling into the public domain. Notwithstanding the above, you shall not have liability to inDrive with regard to any Confidential Information which you can prove: was in the public domain at the time it was disclosed by inDrive or has entered the public domain through no fault of yours; was known to you, without restriction, at the time of disclosure, as demonstrated by files in existence at the time of disclosure; is disclosed with the prior written approval of inDrive; becomes known to you, without restriction, from a source other than inDrive without breach of this Agreement by you and otherwise not in violation of inDrive's rights; or is disclosed pursuant to the order or requirement of a court, administrative agency, or other governmental body; provided, however, that you shall provide prompt notice of such court order or requirement to inDrive to enable inDrive to seek a protective order or otherwise prevent or restrict such disclosure.
8. Personal Data
8.1. You agree and consent to inDrive using and processing your Personal Data for the purposes and in the manner as identified hereunder.
8.2. For the purposes of this Agreement, “Personal Data” means information about you, from which you are identifiable, including but not limited to your name, identification card number, address, telephone number, credit or debit card details, gender, date of birth, email address, any information about you which you have provided to inDrive in registration forms, application forms or any other similar forms and/or any information about you that has been or may be collected, stored, used and processed by inDrive from time to time and includes sensitive Personal Information.
8.3. The provision of your Personal Data is voluntary. However, if you do not provide inDrive with your Personal Data, your access to the Application may be incomplete and inDrive will not be able to process your Personal Data for the purposes outlined in our Privacy Policy and this may cause inDrive to be unable to allow you to use the Service.
8.4. You agree that inDrive may send you push notifications and emails, contact you by telephone or text messages (including by an automatic telephone dialing system) at any of the phone numbers provided by you or on your behalf in connection with an inDrive account, including for marketing purposes. You understand that you are not required to provide this consent as a condition of purchasing any property, goods or services from inDrive.
8.5. Collection and use of Personal Information in connection with the Services is described in inDrive Privacy Policy located at https://indriver.com/mobile/page/privacyPolicy/en
9. Indemnification
9.1. By agreeing to the Terms of Use and/or using the Service, you agree that you shall defend, indemnify and hold inDrive, its officers, directors, members, 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) your use of the Service, Software and/or the Application, your dealing with the third party transportation providers, third party providers, partners, advertisers and/or sponsors, or (b) your violation or breach of any of the Terms of Use or any applicable law or regulation, whether or not referenced herein or (c) your violation of any rights of any third party, including third party transportation providers arranged via the Service, or (d) your use or misuse of the Service, Software and/or the Application.
10. Disclaimer of Warranties
10.1. inDrive MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICES, APPLICATION AND/OR THE SOFTWARE. inDrive DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICE, APPLICATION AND/OR THE SOFTWARE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIALS PURCHASED OR OBTAINED BY YOU THROUGH THE APPLICATION WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS IN THE APPLICATION AND/OR THE SOFTWARE WILL BE CORRECTED, OR (F) THE APPLICATION OR THE SERVER(S) THAT MAKE THE APPLICATION AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (G) THE APPLICATION AND/OR THE SOFTWARE TRACKS YOU OR THE VEHICLE USED BY THE TRANSPORTATION PROVIDER. THE SERVICE IS PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS.
10.2. Without limiting the application of the Australian Consumer Law and any other applicable laws, 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 excluded and disclaimed to the highest and maximum extent. inDrive makes no representation, warranty, or guarantee as to the reliability, safety, timeliness, quality, suitability or availability of any services, including but not limited to the third party transportation services obtained by or from third parties through the use of the service, application and/or the software. You acknowledge and agree that the entire risk arising out of your use of the Service, and any third party services, including but not limited to the third party transportation services remains solely and absolutely with you and you shall have no recourse whatsoever to inDrive.
10.3. The Service, application and/or the Software may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications including the device used by you or the third party transportation provider being faulty, not connected, out of range, switched off or not functioning. inDrive is not responsible for any delays, delivery failures, damages or losses resulting from such problems.
11. Limitation of Liability
11.1. Any claims against inDrive by you shall in any event be limited to the aggregate amount of all amounts actually paid by and/or due from you in utilising the service during the event giving rise to such claims. IN NO EVENT SHALL inDrive AND/OR ITS LICENSORS BE LIABLE TO YOU OR ANYONE FOR ANY DIRECT, INDIRECT, PUNITIVE, ECONOMIC, FUTURE SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OR LOSSES OF ANY TYPE OR KIND (INCLUDING PERSONAL INJURY, EMOTIONAL DISTRESS AND LOSS OF DATA, GOODS, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE). inDrive AND/OR ITS LICENSORS SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY WHICH MAY BE INCURRED BY OR CAUSED TO YOU OR TO ANY PERSON FOR WHOM YOU HAVE BOOKED THE SERVICE FOR, INCLUDING BUT NOT LIMITED TO LOSS, DAMAGE OR INJURY ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SERVICE, APPLICATION AND/OR THE SOFTWARE, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SERVICE, APPLICATION AND/OR THE SOFTWARE, ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY THIRD PARTY PROVIDER, ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE WEBSITE OR IS REFERRED TO BY THE SERVICE, APPLICATION AND/OR THE SOFTWARE, EVEN IF inDrive AND/OR ITS LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. inDrive does not and will not assess nor monitor the suitability, legality, ability, movement or location of any third party providers including third party transportation providers, advertisers and/or sponsors and you expressly waive and release inDrive from any and all liability, claims or damages arising from or in any way related to the third party providers including third party transportation providers, advertisers and/or sponsors. inDrive will not be a party to disputes, negotiations of disputes between you and such third party providers including third party transportation providers, advertisers and/or sponsors. We cannot and will not play any role in managing payments between you and the third party providers, including third party transportation providers, advertisers and/or sponsors. Responsibility for the decisions you make regarding services and products offered via the service, software and/or the application (with all its implications) rests solely with and on you. You expressly waive and release inDrive from any and all liability, claims, causes of action, or damages arising from your use of the service, software and/or the application, or in any way related to the third parties including third party transportation providers, advertisers and/or sponsors introduced to you by the service, software and/or the application.
11.2. The quality of the third party transportation services scheduled through the use of the service is entirely the responsibility of the third party transportation provider who ultimately provides such transportation services to you. You understand, therefore, that by using the service, you may be exposed to transportation that is potentially dangerous, offensive, harmful to minors, unsafe or otherwise objectionable, and that you use the service at your own risk.
11.3. Third Party Services and Content. The Services may be made available or accessed in connection with third party services and content (including advertising) that inDrive does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third party services and content. inDrive does not endorse such third party services and content and in no event shall inDrive be responsible or liable for any products or services of such third party providers. Additionally, Apple Inc., Google, Inc., Microsoft Corporation or BlackBerry Limited and/or their applicable international subsidiaries and affiliates will be third-party beneficiaries to this contract if you access the Services using Applications developed for Apple iOS, Android, mobile devices, respectively. These third party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to terms set forth in the applicable third party beneficiary's terms of service.
11.4. If you are accessing the Services from the Apple, Inc. (Apple) iOS Store, you acknowledge and agree:
a. this Agreement is between you and inDrive and not with Apple. Apple is not responsible for the Service or any content available on the Service;
b. Apple has no obligation whatsoever to furnish any maintenance and support services for the Service;
c. In the event of any failure of inDrive to conform to any applicable warranty, you may notify Apple, and Apple will refund the price for the Services. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Services, and any other claims, losses, liabilities, damages, costs of expenses attributable to any failure to conform to any warranty will be inDrive’s responsibility;
d. Apple is not responsible for addressing any claims by you or any third party relating to the Service, including, but not limited to:
(i) product liability claims;
(ii) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and
(iii) claims arising under consumer protection, privacy, or similar legislation;
e. In the event of any third party claim that the Service or your use of the Service infringes any third party’s intellectual property rights, Apple will not be responsible for the investigation, defence, settlement and discharge of any such claim;
f. That you represent and warrant that:
(i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting’” country; and
(ii) you are not listed on any U.S. Government list of prohibited or restricted parties;
g. You must comply with applicable third party terms of this Agreement when using the Service; and
h. Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and that, upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary.
11.5. Network Access and Devices. You are responsible for obtaining the data network access necessary to use the Services. Your mobile network's data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. inDrive does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
11.6. Ratings and Reviews. You may rate and/or provide feedback to drivers and passengers regarding the services you have received and or/provided. Ratings and reviews can be viewed by any user and will remain viewable until the relevant account is removed or terminated. You must only provide true, fair and accurate information in your reviews. If inDrive considers that your review is untrue, unfair, inaccurate, offensive or inappropriate, we may delete the review and/or ban you from posting further reviews. We do not undertake to review each review. To the maximum extent permitted by law, we are not responsible for the content of any reviews.
12. User Provided Content
12.1. inDrive may allow from time to time users to post their own content ("User Provided Content") that may be accessed by other users of the Service. inDrive has no obligation to monitor the User Provided Content or the use of the Service, or to retain the content of any user posted in User Provided Content sections of the Service. You may not provide defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by inDrive in its sole discretion, whether or not such material may be protected by law.
12.2. inDrive does not claim ownership of any User Provided Content. By submitting, posting or displaying the User Provided Content, you hereby grant inDrive a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any User Provided Content which you submit, post or display on or through, our website or the Application. This license is for the sole purpose of enabling inDrive to provide the Service, display, publicly perform, distribute and promote the User Provided Content and to operate its Application and website.
12.3. inDrive reserves the right, in its sole and absolute discretion, to modify or delete any User Provider Content or any other information, stored or posted to the website or to the Application.
12.4. inDrive does not assume any responsibility for the contents of the User Provided Content. Users are prohibited from disclosing any Personal Information other than their own. Users can not disclose any sensitive data. Disclosure of sensitive data can make the User liable for civil remedies and may in some cases be subject to criminal penalties under applicable law.
13. Governing Law
13.1. These Agreement, your rights and the rights of inDrive within this Agreement shall be governed by and construed in accordance with the law of England and Wales.
13.2. All parties irrevocably agree that the London Court of International Arbitration (LCIA Court) shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this Agreement or its subject matter or formation.
14. Notice
14.1. inDrive may give notice by means of a general notice on the Application, electronic mail to your email address in the records of inDrive, or by written communication sent by registered mail or pre-paid post to your address in the record of inDrive. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by registered mail or pre-paid post) or 1 hour after sending (if sent by email). You may give notice to inDrive (such notice shall be deemed given when received by inDrive) by letter sent by courier or registered mail to inDrive using the contact details as provided in the Application.
15. Assignment
15.1. The agreement as constituted by the Terms of Use as modified from time to time may not be assigned by you without the prior written approval of inDrive but may be assigned without your consent by inDrive. Any purported assignment by you in violation of this section shall be void.
16. General Provisions
16.1. No waiver of any term of the Agreement shall be deemed a further or continuing waiver of such term or any other term, and any failure to assert any right or provision under the Agreement shall not constitute a waiver of such term. If for any reason a court of competent jurisdiction finds any provision or portion of this Agreement to be unenforceable, then such provision or portion shall be construed, as nearly as possible, to reflect the original provision, and the remainder of the Agreement will continue in full force and effect. The Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. The section titles in the Agreement are used solely for convenience and have no legal or contractual significance. No provision of the Agreement shall be construed against the owners of this site but rather shall be construed in a neutral and fair manner as terms entered into by a fully-informed party on a voluntary basis. The terms of the Agreement, which by their nature should survive the termination of the Agreement, shall survive such termination. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and shall not be deemed to limit or affect any of the provisions hereof. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms or use of the Site, the App or the Services. You further acknowledge that by submitting User Submissions or other Content, no confidential, fiduciary, contractually implied or other relationship is created between you and Us other than pursuant to these Terms.
16.2. We may give notice to you by email, a posting on the website, or other reasonable means. You must give notice to us in writing via email or as otherwise expressly provided.
17. Termination
17.1. You are free to terminate your inDrive account at any time by contacting support@inDrive.com. Please refer to our Privacy Policy as well as the Terms herein, to understand how we treat information you provide to us after you have stopped using our Services.
17.2. inDrive is also free to terminate (or suspend access to) your use of the Services or your account, for any reason in our sole discretion, including your breach of these Terms. inDrive has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.
If you have any questions about the quality of the Service please contact us by email: support@inDrive.com.
Last updated: March, 01, 2022
These terms of use constitute an agreement (the “Agreement” or “Terms of Use”) between you and inDrive (“inDrive”, “we,” “us” or “our”) governing your use of the inDrive application and/or website. This Agreement applies to all users. All references “you”, “your”, “yourself” in this Agreement apply all users unless it is specified accordingly.
1. Accepting Terms of Use
1.1. IMPORTANT: BY USING inDrive APPLICATION AND/OR WEBSITES (THE “SERVICE”), YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, ACCEPTED AND AGREED WITH THESE TERMS AND CONDITIONS. YOU FURTHER AGREE TO THE REPRESENTATIONS MADE BY YOURSELF BELOW. IF YOU DO NOT AGREE TO OR FALL WITHIN THE TERMS OF USE OF THE SERVICE AND/OR WISH TO DISCONTINUE USING THE SERVICE, PLEASE DO NOT CONTINUE USING THIS SERVICE.
1.2. The Terms of Use stated herein constitute a legal agreement between you and inDrive and its subsidiaries and affiliates. In order to use the Service, you must agree to the Terms of Use that are set out below. By using the mobile application and websites supplied to you by inDrive (the “Application” or “App”), and downloading, installing or using any associated software supplied by inDrive (the “Software”), you hereby expressly acknowledge and agree to be bound by the Terms of Use, and any future amendments and additions to these Terms of Use as published from time to time through the Application. By installing the inDrive on your mobile device or computer, you unconditionally agree with all the rules, conditions and information posted in the inDrive Application itself and on the website, including but not limited to: these Terms of Use, privacy policy (https://indriver.com/mobile/page/privacyPolicy/en/), Terms of Use customized services of inDrive, as well as the Rules in the Application.
1.3. Please note that inDrive may change any part of these Terms of Use at any time. When inDrive does that, it will provide you with reasonable notice and your continued use of the Application and/or the Services after the notice period will constitute your acceptance of the updated Terms of Use. You agree that it shall be your responsibility to review the Terms of Use regularly and also the Terms of Use applicable to any country where you use the Service whereupon the continued use of the Service after any such changes, whether or not reviewed by you, shall constitute your consent and acceptance to such changes. You further agree that usage of the Service in any other country shall be subject to the Terms of Use prevailing in that other country which can be found at Application.
1.4. inDrive does not offer services to subjects in Member States of the European Union, European Economic Area.
1.5. Each service provided by users on each customized services of inDrive (inDrive.Ride, inDrive.Courier, inDrive.Intercity, inDrive.Cargo and other existing and/or future services) shall constitute a separate agreement between such persons.
inDrive is a technology company that does not provide services does not provide services available for ordering in the Service or hotel services of inDrive directly. inDrive is not a transportation, courier service provider. It is up to the third party providers servcies to offer services to you and it is up to you to accept such services. The service of inDrive is to link you with such service providers but does not nor is it intended to provide such services or any act that can be construed in any way as an act of a service provider.
1.6. inDrive is not responsible nor liable for the acts and/or omissions of any service provider to you.
2. Eligibility
2.1. By using the Service, you expressly represent and warrant that you are legally entitled to accept and agree to the Terms of Use and that you are at least eighteen (18) years old. Without limiting the generality of the foregoing, the Service is not available to persons who are forbidden for any reason whatsoever to enter into a contractual relationship. By using the Service, you further represent and warrant that you have the right, authority and capacity to use the Service and to abide by the Terms of Use. You further confirm that all the information which you provide to inDrive shall be true and accurate. You warrant that your use of the Service is for your own sole, personal use. You undertake not to authorise others to use your identity or user status, and you may not assign or otherwise transfer your user account to any other person or entity. When using the Service you agree to comply with all applicable laws whether in your home nation or otherwise in the country, state and city in which you are located while using the Service.
2.2.You may only access the Service using authorised means. It is your responsibility to check and ensure that you have downloaded the correct Software for your device. inDrive is not liable if you do not have a compatible device or if you have downloaded the wrong version of the Software to your device. inDrive reserves the right not to permit you to use the Service should you use the Application and/or the Software with an incompatible or unauthorised device or for purposes other than which the Software and/or the Application is intended to be used.
2.3. If you are a service provider you further represent, warrant/undertake that you possess a valid license, all the appropriate licenses, approvals, qualifications, certificates at all times. You, as a driver, must inform inDrive immediately if you stop holding aforementioned licenses, approvals, qualifications, certificates.
3. Prices and Payments
3.1. The order of payment is determined in the terms of the Terms of Use for each customized services.
3.2. inDrive payment system is a system under which an one user makes a suggestion for a services’s price and the service request is only confirmed (and a contract is formed between the users) only if the user that requested for service and the service provider both accept quoted price.
3.3. You agree that this Agreement shall be subject to all prevailing statutory taxes, duties, fees, charges and/or costs, however denominated, as may be in force and in connection with any future taxes that may be introduced at any point of time. You further agree to use your best efforts to do everything necessary and required by the relevant laws to enable, assist and/or defend inDrive to claim or verify any input tax credit, set off, rebate or refund in respect of any taxes paid or payable in connection with the Services supplied under this Agreement.
3.4. You are responsible for the collection and remission of all taxes associated with the services you provide or receive or any transactions through your use of the Services, and inDrive will not be held accountable in relation to any transactions between the passengers and the drivers where tax related misconduct has occurred.
3.5. inDrive may charge a fee to the driver for the use of the Services. The terms of payment are specified in Terms of Payment located at https://indriver.com/mobile/page/paymentHelp/en. inDrive may at any time propose changes to the fee. When inDrive does that, it will provide you with reasonable notice and your continued use of the Application and/or the Services after the notice period will constitute your acceptance of the updated fees.
3.6. A refund is the amount of the fee from cancelled orders, which the driver will receive back, each fee will be refunded separately in 30 days after the order was cancelled. Refunds will apply to the drivers only.
3.7. We will deduct the fee in according to terms of Terms of use customized service in inDrive.
4. License Grant and Restrictions
4.1. License. Subject to your compliance with these Terms of Use, inDrive grants you a restricted, non-exclusive, non-transferrable, non-assignable, revocable license to: (a) access and use the Application on your personal device only for the purpose of using the Services; and (b) access and view any content or materials that may be made available through the Services, in each case only for your personal, noncommercial use. All rights not expressly granted to you herein are reserved by inDrive and inDrive's licensors.
4.2. Limitations and restrictions. You are not allowed to: (a) remove any copyright, trademark or other proprietary notices from any part of the Services; (b) modify, create derivative works based upon, reproduce, distribute, license, lease, sell, resell, transfer, publicly display, stream, broadcast or otherwise use the Services unless given a written consent to do so by inDrive; (c) reverse engineer, decompile, disassemble or otherwise attempt to discover or change the source code of the Services except as may be permitted by applicable law; (d) frame, link to or mirror any part of the Services; (e) cause or run any programs or scripts for the purpose of scraping, indexing, surveying or conducting any other form of data collecting on any part of the Services or intentionally overloading or hindering the operation and/or functionality of any aspect of the Services; or (f) try to gain unauthorised access to or attempt to damage any part of the Services or its related systems or networks.
4.3. You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Application and/or the Software in any way; (ii) modify or make derivative works based on the Application and/or the Software; (iii) create internet “links” to the Application or “frame” or “mirror” any Software on any other server or wireless or internet-based device; (iv) reverse engineer or access the Software in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Application and/or the Software, or (c) copy any ideas, features, functions or graphics of the Application and/or the Software, (v) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Application and/or the Software, (vi) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Services or its contents; (vii) post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights, (viii) remove any copyright, trademark or other proprietary rights notices contained in the Service.
4.4. You may use the Software and/or the Application only for your personal purpose and shall not use the Software and/or the Application to: (i) send spam or otherwise duplicative or unsolicited messages; (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including but not limited to materials harmful to children or violative of third party privacy rights; (iii) send 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 Software and/or the Application or the data contained therein; (v) attempt to gain unauthorised access to the Software and/or the Application or its related systems or networks; or (vi) impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity.
4.5. You should abstain from any conduct that could possibly damage inDrive's reputation or amount to being disparaging or brining inDrive into disrepute.
5. Intellectual Property Ownership
5.1. THE SERVICE CONTAINS CONTENT (SUCH AS DESIGN, IMAGES, SOUNDS, TEXTS, DATABASES, COMPUTER CODES, REGISTERED AND UNREGISTERED TRADEMARKS AND OTHER SIMILAR OBJECTS) OWNED OR LICENSED BY inDrive, WHICH IS PROTECTED BY COPYRIGHT, TRADEMARK, PATENT, TRADE SECRET AND OTHER LAWS. inDrive AND ITS LICENSORS, WHERE APPLICABLE, SHALL OWN ALL RIGHTS, TITLE AND INTEREST, INCLUDING ALL RELATED INTELLECTUAL PROPERTY RIGHTS, IN AND TO THE SOFTWARE AND/OR THE APPLICATION AND BY EXTENSION, THE SERVICE AND ANY SUGGESTIONS, IDEAS, ENHANCEMENT REQUESTS, FEEDBACK, RECOMMENDATIONS OR OTHER INFORMATION PROVIDED BY YOU OR ANY OTHER PARTY RELATING TO THE SERVICE. THE TERMS OF USE DO NOT CONSTITUTE A SALE AGREEMENT AND DO NOT CONVEY TO YOU ANY RIGHTS OF OWNERSHIP IN OR RELATED TO THE SERVICE, SOFTWARE AND/OR THE APPLICATION, OR ANY INTELLECTUAL PROPERTY RIGHTS OWNED BY inDrive AND/OR ITS LICENSORS. inDrive NAME, inDrive LOGO, THE SERVICE, THE SOFTWARE AND/OR THE APPLICATION AND THE TRANSPORTATION PROVIDERS' LOGOS AND THE PRODUCT NAMES ASSOCIATED WITH THE SOFTWARE AND/OR THE APPLICATION ARE TRADEMARKS OF inDrive OR THIRD PARTIES, AND NO RIGHT OR LICENSE IS GRANTED TO USE THEM. FOR THE AVOIDANCE OF DOUBT, THE TERM SOFTWARE AND APPLICATION HEREIN SHALL INCLUDE ITS RESPECTIVE COMPONENTS, PROCESSES AND DESIGN IN ITS ENTIRETY.
6. Restricted Activities
6.1. With respect to your use of inDrive and your participation in the Services, you agree that, while on the Application or otherwise using the Service, you will not:
a, fraudulently impersonate any person or entity ;
b. stalk, threaten, or otherwise harass any person, or carry any weapons;
c. violate any law, statute, ordinance or regulation;
d. interfere with or disrupt the Services or the servers or networks connected to inDrive;
e. post Information or interact on inDrive App or Services in a manner which is false, inaccurate, misleading (directly or by omission or failure to update information), defamatory, libelous, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, or illegal;
f. use the inDrive App or Service in any way that infringes any third party's rights, including but not limited to: intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
g. post, email or otherwise transmit any malicious code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data or personal information;
h. forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through inDrive;
i. modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of Software or any software used on or for inDrive;
j. rent, lease, lend, sell, redistribute, license or sublicense inDrive App and the Site or access to any portion of inDrive;
k, use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, scrape, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of inDrive or its contents;
l. create liability for us or cause us to become subject to regulation as a transportation carrier or provider of taxi service;
m. link directly or indirectly to any other websites;
n. transfer or sell your User account, password and/or identification to any other party; or
o, cause any third party to engage in the restricted activities above.
7. Confidentiality
7.1. You shall maintain in confidence all information and data relating to inDrive, its services, products, business affairs, marketing and promotion plans or other operations and its associated companies which are disclosed to you by or on behalf of inDrive (whether orally or in writing and whether before, on or after the date of this Agreement) or which are otherwise directly or indirectly acquired by you from inDrive, or any of its affiliated companies, or created in the course of this Agreement (“Confidential Information”). You shall further ensure that you, your officers, employees and agents only use such confidential information in order to perform the Services, and shall not without inDrive's prior written consent, disclose such information to any third-party nor use it for any other purpose. You shall only disclose such information to such officers, employees and agents as need to know it to fulfil its obligations under this Agreement.
7.2. You agree to take all reasonable measures to protect the secrecy of and avoid disclosure or use of Confidential Information of inDrive in order to prevent it from falling into the public domain. Notwithstanding the above, you shall not have liability to inDrive with regard to any Confidential Information which you can prove: was in the public domain at the time it was disclosed by inDrive or has entered the public domain through no fault of yours; was known to you, without restriction, at the time of disclosure, as demonstrated by files in existence at the time of disclosure; is disclosed with the prior written approval of inDrive; becomes known to you, without restriction, from a source other than inDrive without breach of this Agreement by you and otherwise not in violation of inDrive's rights; or is disclosed pursuant to the order or requirement of a court, administrative agency, or other governmental body; provided, however, that you shall provide prompt notice of such court order or requirement to inDrive to enable inDrive to seek a protective order or otherwise prevent or restrict such disclosure.
8. Personal Data
8.1. You agree and consent to inDrive using and processing your Personal Data for the purposes and in the manner as identified hereunder.
8.2. For the purposes of this Agreement, “Personal Data” means information about you, from which you are identifiable, including but not limited to your name, identification card number, address, telephone number, credit or debit card details, gender, date of birth, email address, any information about you which you have provided to inDrive in registration forms, application forms or any other similar forms and/or any information about you that has been or may be collected, stored, used and processed by inDrive from time to time and includes sensitive Personal Information.
8.3. The provision of your Personal Data is voluntary. However, if you do not provide inDrive with your Personal Data, your access to the Application may be incomplete and inDrive will not be able to process your Personal Data for the purposes outlined in our Privacy Policy and this may cause inDrive to be unable to allow you to use the Service.
8.4. You agree that inDrive may send you push notifications and emails, contact you by telephone or text messages (including by an automatic telephone dialing system) at any of the phone numbers provided by you or on your behalf in connection with an inDrive account, including for marketing purposes. You understand that you are not required to provide this consent as a condition of purchasing any property, goods or services from inDrive.
8.5. Collection and use of Personal Information in connection with the Services is described in inDrive Privacy Policy located at https://indriver.com/mobile/page/privacyPolicy/en
9. Indemnification
9.1. By agreeing to the Terms of Use and/or using the Service, you agree that you shall defend, indemnify and hold inDrive, its officers, directors, members, 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) your use of the Service, Software and/or the Application, your dealing with the third party transportation providers, third party providers, partners, advertisers and/or sponsors, or (b) your violation or breach of any of the Terms of Use or any applicable law or regulation, whether or not referenced herein or (c) your violation of any rights of any third party, including third party transportation providers arranged via the Service, or (d) your use or misuse of the Service, Software and/or the Application.
10. Disclaimer of Warranties
10.1. inDrive MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICES, APPLICATION AND/OR THE SOFTWARE. inDrive DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICE, APPLICATION AND/OR THE SOFTWARE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIALS PURCHASED OR OBTAINED BY YOU THROUGH THE APPLICATION WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS IN THE APPLICATION AND/OR THE SOFTWARE WILL BE CORRECTED, OR (F) THE APPLICATION OR THE SERVER(S) THAT MAKE THE APPLICATION AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (G) THE APPLICATION AND/OR THE SOFTWARE TRACKS YOU OR THE VEHICLE USED BY THE TRANSPORTATION PROVIDER. THE SERVICE IS PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS.
10.2. Without limiting the application of the Australian Consumer Law and any other applicable laws, 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 excluded and disclaimed to the highest and maximum extent. inDrive makes no representation, warranty, or guarantee as to the reliability, safety, timeliness, quality, suitability or availability of any services, including but not limited to the third party transportation services obtained by or from third parties through the use of the service, application and/or the software. You acknowledge and agree that the entire risk arising out of your use of the Service, and any third party services, including but not limited to the third party transportation services remains solely and absolutely with you and you shall have no recourse whatsoever to inDrive.
10.3. The Service, application and/or the Software may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications including the device used by you or the third party transportation provider being faulty, not connected, out of range, switched off or not functioning. inDrive is not responsible for any delays, delivery failures, damages or losses resulting from such problems.
11. Limitation of Liability
11.1. Any claims against inDrive by you shall in any event be limited to the aggregate amount of all amounts actually paid by and/or due from you in utilising the service during the event giving rise to such claims. IN NO EVENT SHALL inDrive AND/OR ITS LICENSORS BE LIABLE TO YOU OR ANYONE FOR ANY DIRECT, INDIRECT, PUNITIVE, ECONOMIC, FUTURE SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OR LOSSES OF ANY TYPE OR KIND (INCLUDING PERSONAL INJURY, EMOTIONAL DISTRESS AND LOSS OF DATA, GOODS, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE). inDrive AND/OR ITS LICENSORS SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY WHICH MAY BE INCURRED BY OR CAUSED TO YOU OR TO ANY PERSON FOR WHOM YOU HAVE BOOKED THE SERVICE FOR, INCLUDING BUT NOT LIMITED TO LOSS, DAMAGE OR INJURY ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SERVICE, APPLICATION AND/OR THE SOFTWARE, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SERVICE, APPLICATION AND/OR THE SOFTWARE, ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY THIRD PARTY PROVIDER, ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE WEBSITE OR IS REFERRED TO BY THE SERVICE, APPLICATION AND/OR THE SOFTWARE, EVEN IF inDrive AND/OR ITS LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. inDrive does not and will not assess nor monitor the suitability, legality, ability, movement or location of any third party providers including third party transportation providers, advertisers and/or sponsors and you expressly waive and release inDrive from any and all liability, claims or damages arising from or in any way related to the third party providers including third party transportation providers, advertisers and/or sponsors. inDrive will not be a party to disputes, negotiations of disputes between you and such third party providers including third party transportation providers, advertisers and/or sponsors. We cannot and will not play any role in managing payments between you and the third party providers, including third party transportation providers, advertisers and/or sponsors. Responsibility for the decisions you make regarding services and products offered via the service, software and/or the application (with all its implications) rests solely with and on you. You expressly waive and release inDrive from any and all liability, claims, causes of action, or damages arising from your use of the service, software and/or the application, or in any way related to the third parties including third party transportation providers, advertisers and/or sponsors introduced to you by the service, software and/or the application.
11.2. The quality of the third party transportation services scheduled through the use of the service is entirely the responsibility of the third party transportation provider who ultimately provides such transportation services to you. You understand, therefore, that by using the service, you may be exposed to transportation that is potentially dangerous, offensive, harmful to minors, unsafe or otherwise objectionable, and that you use the service at your own risk.
11.3. Third Party Services and Content. The Services may be made available or accessed in connection with third party services and content (including advertising) that inDrive does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third party services and content. inDrive does not endorse such third party services and content and in no event shall inDrive be responsible or liable for any products or services of such third party providers. Additionally, Apple Inc., Google, Inc., Microsoft Corporation or BlackBerry Limited and/or their applicable international subsidiaries and affiliates will be third-party beneficiaries to this contract if you access the Services using Applications developed for Apple iOS, Android, mobile devices, respectively. These third party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to terms set forth in the applicable third party beneficiary's terms of service.
11.4. If you are accessing the Services from the Apple, Inc. (Apple) iOS Store, you acknowledge and agree:
a. this Agreement is between you and inDrive and not with Apple. Apple is not responsible for the Service or any content available on the Service;
b. Apple has no obligation whatsoever to furnish any maintenance and support services for the Service;
c. In the event of any failure of inDrive to conform to any applicable warranty, you may notify Apple, and Apple will refund the price for the Services. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Services, and any other claims, losses, liabilities, damages, costs of expenses attributable to any failure to conform to any warranty will be inDrive’s responsibility;
d. Apple is not responsible for addressing any claims by you or any third party relating to the Service, including, but not limited to:
(i) product liability claims;
(ii) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and
(iii) claims arising under consumer protection, privacy, or similar legislation;
e. In the event of any third party claim that the Service or your use of the Service infringes any third party’s intellectual property rights, Apple will not be responsible for the investigation, defence, settlement and discharge of any such claim;
f. That you represent and warrant that:
(i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting’” country; and
(ii) you are not listed on any U.S. Government list of prohibited or restricted parties;
g. You must comply with applicable third party terms of this Agreement when using the Service; and
h. Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and that, upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary.
11.5. Network Access and Devices. You are responsible for obtaining the data network access necessary to use the Services. Your mobile network's data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. inDrive does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
11.6. Ratings and Reviews. You may rate and/or provide feedback to drivers and passengers regarding the services you have received and or/provided. Ratings and reviews can be viewed by any user and will remain viewable until the relevant account is removed or terminated. You must only provide true, fair and accurate information in your reviews. If inDrive considers that your review is untrue, unfair, inaccurate, offensive or inappropriate, we may delete the review and/or ban you from posting further reviews. We do not undertake to review each review. To the maximum extent permitted by law, we are not responsible for the content of any reviews.
12. User Provided Content
12.1. inDrive may allow from time to time users to post their own content ("User Provided Content") that may be accessed by other users of the Service. inDrive has no obligation to monitor the User Provided Content or the use of the Service, or to retain the content of any user posted in User Provided Content sections of the Service. You may not provide defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by inDrive in its sole discretion, whether or not such material may be protected by law.
12.2. inDrive does not claim ownership of any User Provided Content. By submitting, posting or displaying the User Provided Content, you hereby grant inDrive a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any User Provided Content which you submit, post or display on or through, our website or the Application. This license is for the sole purpose of enabling inDrive to provide the Service, display, publicly perform, distribute and promote the User Provided Content and to operate its Application and website.
12.3. inDrive reserves the right, in its sole and absolute discretion, to modify or delete any User Provider Content or any other information, stored or posted to the website or to the Application.
12.4. inDrive does not assume any responsibility for the contents of the User Provided Content. Users are prohibited from disclosing any Personal Information other than their own. Users can not disclose any sensitive data. Disclosure of sensitive data can make the User liable for civil remedies and may in some cases be subject to criminal penalties under applicable law.
13. Governing Law
13.1. These Agreement, your rights and the rights of inDrive within this Agreement shall be governed by and construed in accordance with the law of England and Wales.
13.2. All parties irrevocably agree that the London Court of International Arbitration (LCIA Court) shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this Agreement or its subject matter or formation.
14. Notice
14.1. inDrive may give notice by means of a general notice on the Application, electronic mail to your email address in the records of inDrive, or by written communication sent by registered mail or pre-paid post to your address in the record of inDrive. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by registered mail or pre-paid post) or 1 hour after sending (if sent by email). You may give notice to inDrive (such notice shall be deemed given when received by inDrive) by letter sent by courier or registered mail to inDrive using the contact details as provided in the Application.
15. Assignment
15.1. The agreement as constituted by the Terms of Use as modified from time to time may not be assigned by you without the prior written approval of inDrive but may be assigned without your consent by inDrive. Any purported assignment by you in violation of this section shall be void.
16. General Provisions
16.1. No waiver of any term of the Agreement shall be deemed a further or continuing waiver of such term or any other term, and any failure to assert any right or provision under the Agreement shall not constitute a waiver of such term. If for any reason a court of competent jurisdiction finds any provision or portion of this Agreement to be unenforceable, then such provision or portion shall be construed, as nearly as possible, to reflect the original provision, and the remainder of the Agreement will continue in full force and effect. The Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. The section titles in the Agreement are used solely for convenience and have no legal or contractual significance. No provision of the Agreement shall be construed against the owners of this site but rather shall be construed in a neutral and fair manner as terms entered into by a fully-informed party on a voluntary basis. The terms of the Agreement, which by their nature should survive the termination of the Agreement, shall survive such termination. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and shall not be deemed to limit or affect any of the provisions hereof. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms or use of the Site, the App or the Services. You further acknowledge that by submitting User Submissions or other Content, no confidential, fiduciary, contractually implied or other relationship is created between you and Us other than pursuant to these Terms.
16.2. We may give notice to you by email, a posting on the website, or other reasonable means. You must give notice to us in writing via email or as otherwise expressly provided.
17. Termination
17.1. You are free to terminate your inDrive account at any time by contacting support@inDrive.com. Please refer to our Privacy Policy as well as the Terms herein, to understand how we treat information you provide to us after you have stopped using our Services.
17.2. inDrive is also free to terminate (or suspend access to) your use of the Services or your account, for any reason in our sole discretion, including your breach of these Terms. inDrive has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.
If you have any questions about the quality of the Service please contact us by email: support@inDrive.com.
inDrive.Courier Terms of Use
Last updated: January 30, 2023
These terms of use constitute an agreement (the “Agreement” or “Terms of Use”) between you and inDrive (“inDrive”, “we,” “us” or “our”) governing your use of the inDrive.Courier service of inDrive application and/or website. This Agreement applies to both Couriers and Customers. All references “you”, “your”, “yourself” in this Agreement apply both to Couriers and Customers unless it is specified accordingly.
1. Accepting Terms of Use
1.1. IMPORTANT: BY USING inDrive.Courier OF inDrive APPLICATION AND/OR WEBSITES (THE “SERVICE”), YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, ACCEPTED AND AGREED WITH THESE TERMS AND CONDITIONS. YOU FURTHER AGREE TO THE REPRESENTATIONS MADE BY YOURSELF BELOW. IF YOU DO NOT AGREE TO OR FALL WITHIN THE TERMS OF USE OF THE SERVICE AND/OR WISH TO DISCONTINUE USING THE SERVICE, PLEASE DO NOT CONTINUE USING THIS SERVICE.
1.2. The Terms of Use stated herein constitute a legal agreement between you and inDrive and its subsidiaries and affiliates. In order to use the Service, you must agree to the Terms of Use that are set out below. By using the mobile application and websites supplied to you by inDrive (the “Application” or “App”), and downloading, installing or using any associated software supplied by inDrive (the “Software”), you hereby expressly acknowledge and agree to be bound by the Terms of Use, and any future amendments and additions to these Terms of Use as published from time to time through the Application. By installing the inDrive on your mobile device or computer, you unconditionally agree with all the rules, conditions and information posted in the inDrive Application itself and on the website, including but not limited to: these Terms of Use, inDrive Terms of use, Privacy policy, as well as the Rules in the Application.
1.3. Please note that inDrive.Courier may change any part of these Terms of Use at any time. When inDrive does that, it will provide you with reasonable notice and your continued use of the Application and/or the Services after the notice period will constitute your acceptance of the updated Terms of Use. You agree that it shall be your responsibility to review the Terms of Use regularly and also the Terms of Use applicable to any country where you use the Service whereupon the continued use of the Service after any such changes, whether or not reviewed by you, shall constitute your consent and acceptance to such changes. You further agree that usage of the Service in any other country shall be subject to the Terms of Use prevailing in that other country which can be found at Application.
1.4. inDrive.Courier does not offer services to subjects in Member States of the European Union, European Economic Area.
1.5. Each Courier or Courier service provided by a Courier to a Customer shall constitute a separate agreement between Courier and Customer. inDrive and its service inDrive.Courier are technology aggregator that does not provide Courier services directly. inDrive is not a Courier service provider. It is up to the third party Courier service providers to offer Courier services to you and it is up to you to accept such transportation services. The service of inDrive is to link you with such transportation providers but does not nor is it intended to provide Courier services or any act that can be construed in any way as an act of a Courier service provider.
1.6. inDrive is not responsible nor liable for the acts and/or omissions of any Courier service provider and/or any Courier services provided to you.
2. Eligibility
2.1. By using the Service, you expressly represent and warrant that you are legally entitled to accept and agree to the Terms of Use and that you are at least eighteen (18) years old. Without limiting the generality of the foregoing, the Service is not available to persons who are forbidden for any reason whatsoever to enter into a contractual relationship. By using the Service, you further represent and warrant that you have the right, authority and capacity to use the Service and to abide by the Terms of Use. You further confirm that all the information which you provide to inDrive shall be true and accurate. You warrant that your use of the Service is for your own sole, personal use. You undertake not to authorize others to use your identity or user status, and you may not assign or otherwise transfer your user account to any other person or entity. When using the Service you agree to comply with all applicable laws whether in your home nation or otherwise in the country, state and city in which you are located while using the Service.
2.2.You may only access the Service using authorized means. It is your responsibility to check and ensure that you have downloaded the correct Software for your device. inDrive is not liable if you do not have a compatible device or if you have downloaded the wrong version of the Software to your device. inDrive reserves the right not to permit you to use the Service should you use the Application and/or the Software with an incompatible or unauthorized device or for purposes other than which the Software and/or the Application is intended to be used.
2.3. If you are a Courier you further represent, warrant/undertake that you possess a valid Courier’s license, all the appropriate licenses, approvals, qualifications, certificates at all times. You, as a Courier, must inform inDrive immediately if you stop holding aforementioned licenses, approvals, qualifications, certificates.
3. Prices and Payments
3.1. When a Courier accepts a request in response to a Customer's offer, this constitutes Courier’s intention and offer to enter into a contract with a Customer, where a Courier will provide a Customer with the service in exchange for payment of the relevant quoted price.
3.2. inDrive payment system is a system under which a Customer makes a suggestion for a delivery's price and the redelivery request is only confirmed (and a contract is formed between the Customer and the Courier) only if the Customer and the Courier both accept quoted price.
3.3. You agree that this Agreement shall be subject to all prevailing statutory taxes, duties, fees, charges and/or costs, however denominated, as may be in force and in connection with any future taxes that may be introduced at any point of time. You further agree to use your best efforts to do everything necessary and required by the relevant laws to enable, assist and/or defend inDrive to claim or verify any input tax credit, set off, rebate or refund in respect of any taxes paid or payable in connection with the Services supplied under this Agreement.
3.4. You are responsible for the collection and remission of all taxes associated with the services you provide or receive or any transactions through your use of the Services, and inDrive will not be held accountable in relation to any transactions between the Customers and the Couriers where tax related misconduct has occurred.
3.5. inDrive may charge a fee to the Courier for the use of the Services. The terms of payment are specified in Terms of Payment. inDrive may at any time propose changes to the fee. When inDrive does that, it will provide you with reasonable notice and your continued use of the Application and/or the Services after the notice period will constitute your acceptance of the updated fees.
3.6. A refund is the amount of the fee from cancelled orders, which the Courier will receive back, each fee will be refunded separately in 30 days after the order was cancelled. Refunds will apply to the Couriers only.
3.7. We will deduct the fee when the Courier arrived to point "A" (designated as such on the Application). We will refund the fee if the Customer cancels the trip or if the Customer never appears. If the Customer does not appear, the Courier should press the "Customer didn't show up" button. Refunds will be made in 7 days after inDrive confirms the information relating to the refund.
ATTENTION COURIERS: In case the Customer cancels the ride or does not come out, be sure to complete the order by clicking the "Customer didn't show up" button. If the Courier cancels an order by clicking the "Complaint about the Customer" button, no refund will be payable. In case the Courier cancels an order after a call to the Customer, the fee will not be refunded. For customer support with account-related and payment-related questions please contact support@inDrive.com.
4. License Grant and Restrictions
4.1. License. Subject to your compliance with these Terms of Use, inDrive grants you a restricted, non-exclusive, non-transferrable, non-assignable, revocable license to: (a) access and use the Application on your personal device only for the purpose of using the Services; and (b) access and view any content or materials that may be made available through the Services, in each case only for your personal, noncommercial use. All rights not expressly granted to you herein are reserved by inDrive and inDrive's licensors.
4.2. Limitations and restrictions. You are not allowed to: (a) remove any copyright, trademark or other proprietary notices from any part of the Services; (b) modify, create derivative works based upon, reproduce, distribute, license, lease, sell, resell, transfer, publicly display, stream, broadcast or otherwise use the Services unless given a written consent to do so by inDrive; (c) reverse engineer, decompile, disassemble or otherwise attempt to discover or change the source code of the Services except as may be permitted by applicable law; (d) frame, link to or mirror any part of the Services; (e) cause or run any programs or scripts for the purpose of scraping, indexing, surveying or conducting any other form of data collecting on any part of the Services or intentionally overloading or hindering the operation and/or functionality of any aspect of the Services; or (f) try to gain unauthorized access to or attempt to damage any part of the Services or its related systems or networks.
4.3. You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Application and/or the Software in any way; (ii) modify or make derivative works based on the Application and/or the Software; (iii) create internet “links” to the Application or “frame” or “mirror” any Software on any other server or wireless or internet-based device; (iv) reverse engineer or access the Software in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Application and/or the Software, or (c) copy any ideas, features, functions or graphics of the Application and/or the Software, (v) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Application and/or the Software, (vi) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Services or its contents; (vii) post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights, (viii) remove any copyright, trademark or other proprietary rights notices contained in the Service.
4.4. You may use the Software and/or the Application only for your personal purpose and shall not use the Software and/or the Application to: (i) send spam or otherwise duplicative or unsolicited messages; (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including but not limited to materials harmful to children or violative of third party privacy rights; (iii) send 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 Software and/or the Application or the data contained therein; (v) attempt to gain unauthorized access to the Software and/or the Application or its related systems or networks; or (vi) impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity.
4.5. You should abstain from any conduct that could possibly damage inDrive's reputation or amount to being disparaging or brining inDrive into disrepute.
5. Intellectual Property Ownership
5.1. THE SERVICE CONTAINS CONTENT (SUCH AS DESIGN, IMAGES, SOUNDS, TEXTS, DATABASES, COMPUTER CODES, REGISTERED AND UNREGISTERED TRADEMARKS AND OTHER SIMILAR OBJECTS) OWNED OR LICENSED BY inDrive, WHICH IS PROTECTED BY COPYRIGHT, TRADEMARK, PATENT, TRADE SECRET AND OTHER LAWS. inDrive AND ITS LICENSORS, WHERE APPLICABLE, SHALL OWN ALL RIGHTS, TITLE AND INTEREST, INCLUDING ALL RELATED INTELLECTUAL PROPERTY RIGHTS, IN AND TO THE SOFTWARE AND/OR THE APPLICATION AND BY EXTENSION, THE SERVICE AND ANY SUGGESTIONS, IDEAS, ENHANCEMENT REQUESTS, FEEDBACK, RECOMMENDATIONS OR OTHER INFORMATION PROVIDED BY YOU OR ANY OTHER PARTY RELATING TO THE SERVICE. THE TERMS OF USE DO NOT CONSTITUTE A SALE AGREEMENT AND DO NOT CONVEY TO YOU ANY RIGHTS OF OWNERSHIP IN OR RELATED TO THE SERVICE, SOFTWARE AND/OR THE APPLICATION, OR ANY INTELLECTUAL PROPERTY RIGHTS OWNED BY inDrive AND/OR ITS LICENSORS. inDrive NAME, inDrive LOGO, THE SERVICE, THE SOFTWARE AND/OR THE APPLICATION AND THE TRANSPORTATION PROVIDERS' LOGOS AND THE PRODUCT NAMES ASSOCIATED WITH THE SOFTWARE AND/OR THE APPLICATION ARE TRADEMARKS OF inDrive OR THIRD PARTIES, AND NO RIGHT OR LICENSE IS GRANTED TO USE THEM. FOR THE AVOIDANCE OF DOUBT, THE TERM SOFTWARE AND APPLICATION HEREIN SHALL INCLUDE ITS RESPECTIVE COMPONENTS, PROCESSES AND DESIGN IN ITS ENTIRETY.
6. Restricted Activities
6.1. With respect to your use of inDrive and your participation in the Services, you agree that, while on the Application or otherwise using the Service, you will not:
a. fraudulently impersonate any person or entity ;
b. stalk, threaten, or otherwise harass any person, or carry any weapons;
c. violate any law, statute, ordinance or regulation;
d. interfere with or disrupt the Services or the servers or networks connected to inDrive;
e. post Information or interact on inDrive App or Services in a manner which is false, inaccurate, misleading (directly or by omission or failure to update information), defamatory, libelous, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, or illegal;
f. use the inDrive App or Service in any way that infringes any third party's rights, including but not limited to: intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
g. post, email or otherwise transmit any malicious code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data or personal information;
h. forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through inDrive;
i. modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of Software or any software used on or for inDrive;
j. rent, lease, lend, sell, redistribute, license or sublicense inDrive App and the Site or access to any portion of inDrive;
k. use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, scrape, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of inDrive or its contents;
l. create liability for us or cause us to become subject to regulation as a transportation carrier or provider of taxi service;
m. link directly or indirectly to any other websites;
n. transfer or sell your User account, password and/or identification to any other party; or
o. cause any third party to engage in the restricted activities above.
7. ORDER OF DELIVERY
7.1. The order can be placed by the Sender using the functionality of the Service. Registration of the Order and its delivery is carried out by the Users on the terms agreed between them: delivery price, delivery address, parcel, delivery methods and other conditions determined by the Users additionally.
7.2. The Sender, placing an Order on the Service, determines the delivery address (points A and B), the parcel to be delivered, the delivery procedure, and also indicates the price that he is ready to pay to the Courier for Delivery. Several Couriers may respond to the Order, while agreeing with the Delivery price or offering their own price for the execution of the Order different from the one specified by the Sender. The Sender chooses the Courier based on the conditions they offer, price, Courier rating, delivery method. The Sender will select the Courier when the Sender clicks "Accept" on the Courier's offer. After the Order is accepted, the Courier indicates the approximate delivery time, and the Sender, if desired, can track the location of his Parcel in the Mobile Application. After accepting the Order, it is considered that the Courier and the Sender have agreed on all essential terms of Delivery.
7.3. When filling out information about the Delivery address (including the correct name of the settlement, street (avenue, highway, etc.), house number (including building, structure, ownership, etc.), entrance, apartment, floor, intercom code) or by choosing the current address delivery from the available selection, the Sender is obliged to check the correctness of the previously specified data.
7.4. The Sender is responsible for the completeness, sufficiency and correctness of the data entered when placing the Order. The Sender bears the risks of the consequences of incorrect indication of the information necessary for the execution of the order, including those leading to the impossibility of the proper execution of the Order.
7.5. The Sender undertakes to ensure unhindered passage for the Courier to the place of delivery, as well as to ensure his presence or the presence of a third party capable of accepting the Parcel at the place of the specified Delivery address.
7.6. At the time of acceptance of the Order, the Courier undertakes to check the contents of the Parcel for compliance with the completed Order.
7.7. The Sender pays for the Order directly to the Courier in any way by certain parties.
7.8. When accepting the Parcel from the Sender, the Courier must:
- carefully read its contents;
- ask the Sender to show the contents and seal the package with you.
- do not accept the Parcel if the Sender refuses to show the contents of the parcel.
- do not accept the Parcel if the content seems suspicious or illegal.
- if you suspect a violation of the current legislation or the rules of the Service, you must contact the Administrator at the email address specified in section 13 of this License Agreement.
7.9. Users of the Service guarantee not to use the Service for ordering or delivery purposes:
• documents, products and other Parcels weighing more than 20 kg;
• documents, products and other Parcels, the cost of which exceeds USD 100.
• narcotic drugs, psychotropic, potent, toxic, radioactive, explosive,
• poisonous, caustic, flammable and other hazardous substances, including those under pressure;
• firearms, pneumatic, gas or cold weapons and their parts, ammunition, fireworks, signal flares and cartridges;
• foreign currency and banknotes.
• precious metals, precious stones and products containing them;
• items and substances that, by their nature or because of their packaging, may pose a danger to people, contaminate or spoil (damage) other goods, people or objects around them;
• animals and plants, biological materials;
• items requiring
8. Confidentiality
8.1. You shall maintain in confidence all information and data relating to inDrive, its services, products, business affairs, marketing and promotion plans or other operations and its associated companies which are disclosed to you by or on behalf of inDrive (whether orally or in writing and whether before, on or after the date of this Agreement) or which are otherwise directly or indirectly acquired by you from inDrive, or any of its affiliated companies, or created in the course of this Agreement (“Confidential Information”). You shall further ensure that you, your officers, employees and agents only use such confidential information in order to perform the Services, and shall not without inDrive's prior written consent, disclose such information to any third-party nor use it for any other purpose. You shall only disclose such information to such officers, employees and agents as need to know it to fulfil its obligations under this Agreement.
8.2. You agree to take all reasonable measures to protect the secrecy of and avoid disclosure or use of Confidential Information of inDrive in order to prevent it from falling into the public domain. Notwithstanding the above, you shall not have liability to inDrive with regard to any Confidential Information which you can prove: was in the public domain at the time it was disclosed by inDrive or has entered the public domain through no fault of yours; was known to you, without restriction, at the time of disclosure, as demonstrated by files in existence at the time of disclosure; is disclosed with the prior written approval of inDrive; becomes known to you, without restriction, from a source other than inDrive without breach of this Agreement by you and otherwise not in violation of inDrive's rights; or is disclosed pursuant to the order or requirement of a court, administrative agency, or other governmental body; provided, however, that you shall provide prompt notice of such court order or requirement to inDrive to enable inDrive to seek a protective order or otherwise prevent or restrict such disclosure.
9. Personal Data Protection
9.1. You agree and consent to inDrive using and processing your Personal Data for the purposes and in the manner as identified hereunder.
9.2. For the purposes of this Agreement, “Personal Data” means information about you, from which you are identifiable, including but not limited to your name, identification card number, address, telephone number, credit or debit card details, gender, date of birth, email address, any information about you which you have provided to inDrive in registration forms, application forms or any other similar forms and/or any information about you that has been or may be collected, stored, used and processed by inDrive from time to time and includes sensitive Personal Information.
9.3. The provision of your Personal Data is voluntary. However, if you do not provide inDrive with your Personal Data, your access to the Application may be incomplete and inDrive will not be able to process your Personal Information for the purposes outlined in our Privacy Policy and this may cause inDrive to be unable to allow you to use the Service.
9.4. You agree that inDrive and/or inDrive.Courier may send you push notifications and emails, contact you by telephone or text messages (including by an automatic telephone dialing system) at any of the phone numbers provided by you or on your behalf in connection with an inDrive account, including for marketing purposes. You understand that you are not required to provide this consent as a condition of purchasing any property, goods or services from inDrive.
9.5. Collection and use of Personal Data in connection with the Services is described in inDrive Privacy Policy.
10. Indemnification
10.1. By agreeing to the Terms of Use and/or using the Service, you agree that you shall defend, indemnify and hold inDrive, its officers, directors, members, 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) your use of the Service, Software and/or the Application, your dealing with the third party transportation providers, third party providers, partners, advertisers and/or sponsors, or (b) your violation or breach of any of the Terms of Use or any applicable law or regulation, whether or not referenced herein or (c) your violation of any rights of any third party, including third party transportation providers arranged via the Service, or (d) your use or misuse of the Service, Software and/or the Application.
11. Disclaimer of Warranties
11.1. inDrive MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICES, APPLICATION AND/OR THE SOFTWARE. inDrive DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICE, APPLICATION AND/OR THE SOFTWARE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIALS PURCHASED OR OBTAINED BY YOU THROUGH THE APPLICATION WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS IN THE APPLICATION AND/OR THE SOFTWARE WILL BE CORRECTED, OR (F) THE APPLICATION OR THE SERVER(S) THAT MAKE THE APPLICATION AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (G) THE APPLICATION AND/OR THE SOFTWARE TRACKS YOU OR THE VEHICLE USED BY THE TRANSPORTATION PROVIDER. THE SERVICE IS PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS.
11.2. Without limiting the application of the consumer law and any other applicable laws, 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 excluded and disclaimed to the highest and maximum extent. inDrive makes no representation, warranty, or guarantee as to the reliability, safety, timeliness, quality, suitability or availability of any services, including but not limited to the third-party transportation services obtained by or from third parties through the use of the service, application and/or the software. You acknowledge and agree that the entire risk arising out of your use of the Service, and any third-party services, including but not limited to the third-party transportation services remains solely and absolutely with you and you shall have no recourse whatsoever to inDrive.
11.3. The Service, application and/or the Software may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications including the device used by you or the third-party transportation provider being faulty, not connected, out of range, switched off or not functioning. inDrive is not responsible for any delays, delivery failures, damages or losses resulting from such problems.
12. Limitation of Liability
12.1. Any claims against inDrive by you shall in any event be limited to the aggregate amount of all amounts actually paid by and/or due from you in utilizing the service during the event giving rise to such claims. IN NO EVENT SHALL inDrive AND/OR ITS LICENSORS BE LIABLE TO YOU OR ANYONE FOR ANY DIRECT, INDIRECT, PUNITIVE, ECONOMIC, FUTURE SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OR LOSSES OF ANY TYPE OR KIND (INCLUDING PERSONAL INJURY, EMOTIONAL DISTRESS AND LOSS OF DATA, GOODS, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE). inDrive AND/OR ITS LICENSORS SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY WHICH MAY BE INCURRED BY OR CAUSED TO YOU OR TO ANY PERSON FOR WHOM YOU HAVE BOOKED THE SERVICE FOR, INCLUDING BUT NOT LIMITED TO LOSS, DAMAGE OR INJURY ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SERVICE, APPLICATION AND/OR THE SOFTWARE, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SERVICE, APPLICATION AND/OR THE SOFTWARE, ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY THIRD PARTY PROVIDER, ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE WEBSITE OR IS REFERRED TO BY THE SERVICE, APPLICATION AND/OR THE SOFTWARE, EVEN IF inDrive AND/OR ITS LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. inDrive does not and will not assess nor monitor the suitability, legality, ability, movement or location of any third-party providers including third party transportation providers, advertisers and/or sponsors and you expressly waive and release inDrive from any and all liability, claims or damages arising from or in any way related to the third-party providers including third party transportation providers, advertisers and/or sponsors. inDrive will not be a party to disputes, negotiations of disputes between you and such third-party providers including third party transportation providers, advertisers and/or sponsors. We cannot and will not play any role in managing payments between you and the third-party providers, including third party transportation providers, advertisers and/or sponsors. Responsibility for the decisions you make regarding services and products offered via the service, software and/or the application (with all its implications) rests solely with and on you. You expressly waive and release inDrive from any and all liability, claims, causes of action, or damages arising from your use of the service, software and/or the application, or in any way related to the third parties including third party transportation providers, advertisers and/or sponsors introduced to you by the service, software and/or the application.
12.2. The quality of the third-party transportation services scheduled through the use of the service is entirely the responsibility of the third-party transportation provider who ultimately provides such transportation services to you. You understand, therefore, that by using the service, you may be exposed to transportation that is potentially dangerous, offensive, harmful to minors, unsafe or otherwise objectionable, and that you use the service at your own risk.
12.3. Third Party Services and Content. The Services may be made available or accessed in connection with third party services and content (including advertising) that inDrive does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third-party services and content. inDrive does not endorse such third-party services and content and in no event shall inDrive be responsible or liable for any products or services of such third-party providers. Additionally, Apple Inc., Google, Inc. and/or their applicable international subsidiaries and affiliates will be third-party beneficiaries to this contract if you access the Services using Applications developed for Apple iOS, Android mobile devices, respectively. These third-party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to terms set forth in the applicable third-party beneficiary's terms of service.
12.4. If you are accessing the Services from the Apple, Inc. (Apple) iOS Store, you acknowledge and agree:
a. this Agreement is between you and inDrive and not with Apple. Apple is not responsible for the Service or any content available on the Service.
b. Apple has no obligation whatsoever to furnish any maintenance and support services for the Service.
c. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Services, and any other claims, losses, liabilities, damages, costs of expenses attributable to any failure to conform to any warranty will be inDrive’s responsibility.
d. Apple is not responsible for addressing any claims by you or any third party relating to the Service, including, but not limited to:
(i) product liability claims;
(ii) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and
(iii) claims arising under consumer protection, privacy, or similar legislation.
e. In the event of any third-party claim that the Service or your use of the Service infringes any third party’s intellectual property rights, Apple will not be responsible for the investigation, defense, settlement and discharge of any such claim.
f. That you represent and warrant that:
(i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting’” country; and
(ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
g. You must comply with applicable third-party terms of this Agreement when using the Service; and
h. Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and that, upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary.
12.5. Network Access and Devices. You are responsible for obtaining the data network access necessary to use the Services. Your mobile network's data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. inDrive does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
12.6. Ratings and Reviews. You may rate and/or provide feedback to drivers and Customers regarding the services you have received and or/provided. Ratings and reviews can be viewed by any user and will remain viewable until the relevant account is removed or terminated. You must only provide true, fair and accurate information in your reviews. If inDrive considers that your review is untrue, unfair, inaccurate, offensive or inappropriate, we may delete the review and/or ban you from posting further reviews. We do not undertake to review each review. To the maximum extent permitted by law, we are not responsible for the content of any reviews.
13. User Provided Content
13.1. inDrive may allow from time-to-time users to post their own content ("User Provided Content") that may be accessed by other users of the Service. inDrive has no obligation to monitor the User Provided Content or the use of the Service, or to retain the content of any user posted in User Provided Content sections of the Service. You may not provide defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by inDrive in its sole discretion, whether or not such material may be protected by law.
13.2. inDrive does not claim ownership of any User Provided Content. By submitting, posting or displaying the User Provided Content, you hereby grant inDrive a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any User Provided Content which you submit, post or display on or through, our website or the Application. This license is for the sole purpose of enabling inDrive to provide the Service, display, publicly perform, distribute and promote the User Provided Content and to operate its Application and website.
13.3. inDrive reserves the right, in its sole and absolute discretion, to modify or delete any User Provider Content or any other information, stored or posted to the website or to the Application.
13.4. inDrive does not assume any responsibility for the contents of the User Provided Content. Users are prohibited from disclosing any Personal Information other than their own. Users can not disclose any sensitive data. Disclosure of sensitive data can make the User liable for civil remedies and may in some cases be subject to criminal penalties under applicable law.
14. Governing Law
14.1. These Agreement, your rights and the rights of inDrive within this Agreement shall be governed by and construed in accordance with the law of England and Wales.
14.2. All parties irrevocably agree that the London Court of International Arbitration (LCIA Court) shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this Agreement or its subject matter or formation.
15. Notice
15.1. inDrive may give notice by means of a general notice on the Application, electronic mail to your email address in the records of inDrive, or by written communication sent by registered mail or pre-paid post to your address in the record of inDrive. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by registered mail or pre-paid post) or 1 hour after sending (if sent by email). You may give notice to inDrive (such notice shall be deemed given when received by inDrive) by letter sent by Courier or registered mail to inDrive using the contact details as provided in the Application.
16. Assignment
16.1. The agreement as constituted by the Terms of Use as modified from time to time may not be assigned by you without the prior written approval of inDrive but may be assigned without your consent by inDrive. Any purported assignment by you in violation of this section shall be void.
17. General Provisions
17.1. No waiver of any term of the Agreement shall be deemed a further or continuing waiver of such term or any other term, and any failure to assert any right or provision under the Agreement shall not constitute a waiver of such term. If for any reason a court of competent jurisdiction finds any provision or portion of this Agreement to be unenforceable, then such provision or portion shall be construed, as nearly as possible, to reflect the original provision, and the remainder of the Agreement will continue in full force and effect. The Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. The section titles in the Agreement are used solely for convenience and have no legal or contractual significance. No provision of the Agreement shall be construed against the owners of this site but rather shall be construed in a neutral and fair manner as terms entered into by a fully informed party on a voluntary basis. The terms of the Agreement, which by their nature should survive the termination of the Agreement, shall survive such termination. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and shall not be deemed to limit or affect any of the provisions hereof. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms or use of the Site, the App or the Services. You further acknowledge that by submitting User Submissions or other Content, no confidential, fiduciary, contractually implied or other relationship is created between you and Us other than pursuant to these Terms.
17.2. We may give notice to you by email, a posting on the website, or other reasonable means. You must give notice to us in writing via email or as otherwise expressly provided.
18. Class Action Waiver
18.1. By voluntarily accepting this Agreement, you agree that in its entirety as provided by the applicable law, a lawsuit or arbitration proceedings related to this Agreement are carried out exclusively on a case- by-case basis, and no disputes arising from collective claims or representative actions on behalf of third parties shall be considered.
18.2. Disputes cannot be consolidated without the written consent of all parties. No decision or determination of a court or an arbitrator will have a prejudicial force over the issues or claims regarding any disputes with persons who are not the declared parties to such arbitration proceedings.
This means the following:
a. You agree that you cannot make a claim as a plaintiff or a participant in a class action, a consolidated action or a representative action.
b. The parties agree that an arbitrator or a court shall not consolidate the claims of more than one person into a single lawsuit and shall not conduct arbitration or action proceedings of a consolidated, collective or representative nature (unless all parties agree to change this provision).
c. The parties agree that the decision or determination of an arbitrator or a court in the event of a single person claim can only affect the person who filed this lawsuit, but not other persons, and cannot be used to resolve other disputes with other plaintiffs.
19. Termination
19.1. You are free to terminate your inDrive account at any time by contacting support@inDrive.com. Please refer to our Privacy Policy as well as the Terms herein, to understand how we treat information you provide to us after you have stopped using our Services.
19.2. inDrive is also free to terminate (or suspend access to) your use of the Services or your account, for any reason in our sole discretion, including your breach of these Terms. inDrive has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.
If you have any questions about the quality of the Service, please contact us by email: support@inDrive.com
Last updated: January 30, 2023
These terms of use constitute an agreement (the “Agreement” or “Terms of Use”) between you and inDrive (“inDrive”, “we,” “us” or “our”) governing your use of the inDrive.Courier service of inDrive application and/or website. This Agreement applies to both Couriers and Customers. All references “you”, “your”, “yourself” in this Agreement apply both to Couriers and Customers unless it is specified accordingly.
1. Accepting Terms of Use
1.1. IMPORTANT: BY USING inDrive.Courier OF inDrive APPLICATION AND/OR WEBSITES (THE “SERVICE”), YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, ACCEPTED AND AGREED WITH THESE TERMS AND CONDITIONS. YOU FURTHER AGREE TO THE REPRESENTATIONS MADE BY YOURSELF BELOW. IF YOU DO NOT AGREE TO OR FALL WITHIN THE TERMS OF USE OF THE SERVICE AND/OR WISH TO DISCONTINUE USING THE SERVICE, PLEASE DO NOT CONTINUE USING THIS SERVICE.
1.2. The Terms of Use stated herein constitute a legal agreement between you and inDrive and its subsidiaries and affiliates. In order to use the Service, you must agree to the Terms of Use that are set out below. By using the mobile application and websites supplied to you by inDrive (the “Application” or “App”), and downloading, installing or using any associated software supplied by inDrive (the “Software”), you hereby expressly acknowledge and agree to be bound by the Terms of Use, and any future amendments and additions to these Terms of Use as published from time to time through the Application. By installing the inDrive on your mobile device or computer, you unconditionally agree with all the rules, conditions and information posted in the inDrive Application itself and on the website, including but not limited to: these Terms of Use, inDrive Terms of use, Privacy policy, as well as the Rules in the Application.
1.3. Please note that inDrive.Courier may change any part of these Terms of Use at any time. When inDrive does that, it will provide you with reasonable notice and your continued use of the Application and/or the Services after the notice period will constitute your acceptance of the updated Terms of Use. You agree that it shall be your responsibility to review the Terms of Use regularly and also the Terms of Use applicable to any country where you use the Service whereupon the continued use of the Service after any such changes, whether or not reviewed by you, shall constitute your consent and acceptance to such changes. You further agree that usage of the Service in any other country shall be subject to the Terms of Use prevailing in that other country which can be found at Application.
1.4. inDrive.Courier does not offer services to subjects in Member States of the European Union, European Economic Area.
1.5. Each Courier or Courier service provided by a Courier to a Customer shall constitute a separate agreement between Courier and Customer. inDrive and its service inDrive.Courier are technology aggregator that does not provide Courier services directly. inDrive is not a Courier service provider. It is up to the third party Courier service providers to offer Courier services to you and it is up to you to accept such transportation services. The service of inDrive is to link you with such transportation providers but does not nor is it intended to provide Courier services or any act that can be construed in any way as an act of a Courier service provider.
1.6. inDrive is not responsible nor liable for the acts and/or omissions of any Courier service provider and/or any Courier services provided to you.
2. Eligibility
2.1. By using the Service, you expressly represent and warrant that you are legally entitled to accept and agree to the Terms of Use and that you are at least eighteen (18) years old. Without limiting the generality of the foregoing, the Service is not available to persons who are forbidden for any reason whatsoever to enter into a contractual relationship. By using the Service, you further represent and warrant that you have the right, authority and capacity to use the Service and to abide by the Terms of Use. You further confirm that all the information which you provide to inDrive shall be true and accurate. You warrant that your use of the Service is for your own sole, personal use. You undertake not to authorize others to use your identity or user status, and you may not assign or otherwise transfer your user account to any other person or entity. When using the Service you agree to comply with all applicable laws whether in your home nation or otherwise in the country, state and city in which you are located while using the Service.
2.2.You may only access the Service using authorized means. It is your responsibility to check and ensure that you have downloaded the correct Software for your device. inDrive is not liable if you do not have a compatible device or if you have downloaded the wrong version of the Software to your device. inDrive reserves the right not to permit you to use the Service should you use the Application and/or the Software with an incompatible or unauthorized device or for purposes other than which the Software and/or the Application is intended to be used.
2.3. If you are a Courier you further represent, warrant/undertake that you possess a valid Courier’s license, all the appropriate licenses, approvals, qualifications, certificates at all times. You, as a Courier, must inform inDrive immediately if you stop holding aforementioned licenses, approvals, qualifications, certificates.
3. Prices and Payments
3.1. When a Courier accepts a request in response to a Customer's offer, this constitutes Courier’s intention and offer to enter into a contract with a Customer, where a Courier will provide a Customer with the service in exchange for payment of the relevant quoted price.
3.2. inDrive payment system is a system under which a Customer makes a suggestion for a delivery's price and the redelivery request is only confirmed (and a contract is formed between the Customer and the Courier) only if the Customer and the Courier both accept quoted price.
3.3. You agree that this Agreement shall be subject to all prevailing statutory taxes, duties, fees, charges and/or costs, however denominated, as may be in force and in connection with any future taxes that may be introduced at any point of time. You further agree to use your best efforts to do everything necessary and required by the relevant laws to enable, assist and/or defend inDrive to claim or verify any input tax credit, set off, rebate or refund in respect of any taxes paid or payable in connection with the Services supplied under this Agreement.
3.4. You are responsible for the collection and remission of all taxes associated with the services you provide or receive or any transactions through your use of the Services, and inDrive will not be held accountable in relation to any transactions between the Customers and the Couriers where tax related misconduct has occurred.
3.5. inDrive may charge a fee to the Courier for the use of the Services. The terms of payment are specified in Terms of Payment. inDrive may at any time propose changes to the fee. When inDrive does that, it will provide you with reasonable notice and your continued use of the Application and/or the Services after the notice period will constitute your acceptance of the updated fees.
3.6. A refund is the amount of the fee from cancelled orders, which the Courier will receive back, each fee will be refunded separately in 30 days after the order was cancelled. Refunds will apply to the Couriers only.
3.7. We will deduct the fee when the Courier arrived to point "A" (designated as such on the Application). We will refund the fee if the Customer cancels the trip or if the Customer never appears. If the Customer does not appear, the Courier should press the "Customer didn't show up" button. Refunds will be made in 7 days after inDrive confirms the information relating to the refund.
ATTENTION COURIERS: In case the Customer cancels the ride or does not come out, be sure to complete the order by clicking the "Customer didn't show up" button. If the Courier cancels an order by clicking the "Complaint about the Customer" button, no refund will be payable. In case the Courier cancels an order after a call to the Customer, the fee will not be refunded. For customer support with account-related and payment-related questions please contact support@inDrive.com.
4. License Grant and Restrictions
4.1. License. Subject to your compliance with these Terms of Use, inDrive grants you a restricted, non-exclusive, non-transferrable, non-assignable, revocable license to: (a) access and use the Application on your personal device only for the purpose of using the Services; and (b) access and view any content or materials that may be made available through the Services, in each case only for your personal, noncommercial use. All rights not expressly granted to you herein are reserved by inDrive and inDrive's licensors.
4.2. Limitations and restrictions. You are not allowed to: (a) remove any copyright, trademark or other proprietary notices from any part of the Services; (b) modify, create derivative works based upon, reproduce, distribute, license, lease, sell, resell, transfer, publicly display, stream, broadcast or otherwise use the Services unless given a written consent to do so by inDrive; (c) reverse engineer, decompile, disassemble or otherwise attempt to discover or change the source code of the Services except as may be permitted by applicable law; (d) frame, link to or mirror any part of the Services; (e) cause or run any programs or scripts for the purpose of scraping, indexing, surveying or conducting any other form of data collecting on any part of the Services or intentionally overloading or hindering the operation and/or functionality of any aspect of the Services; or (f) try to gain unauthorized access to or attempt to damage any part of the Services or its related systems or networks.
4.3. You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Application and/or the Software in any way; (ii) modify or make derivative works based on the Application and/or the Software; (iii) create internet “links” to the Application or “frame” or “mirror” any Software on any other server or wireless or internet-based device; (iv) reverse engineer or access the Software in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Application and/or the Software, or (c) copy any ideas, features, functions or graphics of the Application and/or the Software, (v) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Application and/or the Software, (vi) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Services or its contents; (vii) post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights, (viii) remove any copyright, trademark or other proprietary rights notices contained in the Service.
4.4. You may use the Software and/or the Application only for your personal purpose and shall not use the Software and/or the Application to: (i) send spam or otherwise duplicative or unsolicited messages; (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including but not limited to materials harmful to children or violative of third party privacy rights; (iii) send 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 Software and/or the Application or the data contained therein; (v) attempt to gain unauthorized access to the Software and/or the Application or its related systems or networks; or (vi) impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity.
4.5. You should abstain from any conduct that could possibly damage inDrive's reputation or amount to being disparaging or brining inDrive into disrepute.
5. Intellectual Property Ownership
5.1. THE SERVICE CONTAINS CONTENT (SUCH AS DESIGN, IMAGES, SOUNDS, TEXTS, DATABASES, COMPUTER CODES, REGISTERED AND UNREGISTERED TRADEMARKS AND OTHER SIMILAR OBJECTS) OWNED OR LICENSED BY inDrive, WHICH IS PROTECTED BY COPYRIGHT, TRADEMARK, PATENT, TRADE SECRET AND OTHER LAWS. inDrive AND ITS LICENSORS, WHERE APPLICABLE, SHALL OWN ALL RIGHTS, TITLE AND INTEREST, INCLUDING ALL RELATED INTELLECTUAL PROPERTY RIGHTS, IN AND TO THE SOFTWARE AND/OR THE APPLICATION AND BY EXTENSION, THE SERVICE AND ANY SUGGESTIONS, IDEAS, ENHANCEMENT REQUESTS, FEEDBACK, RECOMMENDATIONS OR OTHER INFORMATION PROVIDED BY YOU OR ANY OTHER PARTY RELATING TO THE SERVICE. THE TERMS OF USE DO NOT CONSTITUTE A SALE AGREEMENT AND DO NOT CONVEY TO YOU ANY RIGHTS OF OWNERSHIP IN OR RELATED TO THE SERVICE, SOFTWARE AND/OR THE APPLICATION, OR ANY INTELLECTUAL PROPERTY RIGHTS OWNED BY inDrive AND/OR ITS LICENSORS. inDrive NAME, inDrive LOGO, THE SERVICE, THE SOFTWARE AND/OR THE APPLICATION AND THE TRANSPORTATION PROVIDERS' LOGOS AND THE PRODUCT NAMES ASSOCIATED WITH THE SOFTWARE AND/OR THE APPLICATION ARE TRADEMARKS OF inDrive OR THIRD PARTIES, AND NO RIGHT OR LICENSE IS GRANTED TO USE THEM. FOR THE AVOIDANCE OF DOUBT, THE TERM SOFTWARE AND APPLICATION HEREIN SHALL INCLUDE ITS RESPECTIVE COMPONENTS, PROCESSES AND DESIGN IN ITS ENTIRETY.
6. Restricted Activities
6.1. With respect to your use of inDrive and your participation in the Services, you agree that, while on the Application or otherwise using the Service, you will not:
a. fraudulently impersonate any person or entity ;
b. stalk, threaten, or otherwise harass any person, or carry any weapons;
c. violate any law, statute, ordinance or regulation;
d. interfere with or disrupt the Services or the servers or networks connected to inDrive;
e. post Information or interact on inDrive App or Services in a manner which is false, inaccurate, misleading (directly or by omission or failure to update information), defamatory, libelous, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, or illegal;
f. use the inDrive App or Service in any way that infringes any third party's rights, including but not limited to: intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
g. post, email or otherwise transmit any malicious code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data or personal information;
h. forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through inDrive;
i. modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of Software or any software used on or for inDrive;
j. rent, lease, lend, sell, redistribute, license or sublicense inDrive App and the Site or access to any portion of inDrive;
k. use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, scrape, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of inDrive or its contents;
l. create liability for us or cause us to become subject to regulation as a transportation carrier or provider of taxi service;
m. link directly or indirectly to any other websites;
n. transfer or sell your User account, password and/or identification to any other party; or
o. cause any third party to engage in the restricted activities above.
7. ORDER OF DELIVERY
7.1. The order can be placed by the Sender using the functionality of the Service. Registration of the Order and its delivery is carried out by the Users on the terms agreed between them: delivery price, delivery address, parcel, delivery methods and other conditions determined by the Users additionally.
7.2. The Sender, placing an Order on the Service, determines the delivery address (points A and B), the parcel to be delivered, the delivery procedure, and also indicates the price that he is ready to pay to the Courier for Delivery. Several Couriers may respond to the Order, while agreeing with the Delivery price or offering their own price for the execution of the Order different from the one specified by the Sender. The Sender chooses the Courier based on the conditions they offer, price, Courier rating, delivery method. The Sender will select the Courier when the Sender clicks "Accept" on the Courier's offer. After the Order is accepted, the Courier indicates the approximate delivery time, and the Sender, if desired, can track the location of his Parcel in the Mobile Application. After accepting the Order, it is considered that the Courier and the Sender have agreed on all essential terms of Delivery.
7.3. When filling out information about the Delivery address (including the correct name of the settlement, street (avenue, highway, etc.), house number (including building, structure, ownership, etc.), entrance, apartment, floor, intercom code) or by choosing the current address delivery from the available selection, the Sender is obliged to check the correctness of the previously specified data.
7.4. The Sender is responsible for the completeness, sufficiency and correctness of the data entered when placing the Order. The Sender bears the risks of the consequences of incorrect indication of the information necessary for the execution of the order, including those leading to the impossibility of the proper execution of the Order.
7.5. The Sender undertakes to ensure unhindered passage for the Courier to the place of delivery, as well as to ensure his presence or the presence of a third party capable of accepting the Parcel at the place of the specified Delivery address.
7.6. At the time of acceptance of the Order, the Courier undertakes to check the contents of the Parcel for compliance with the completed Order.
7.7. The Sender pays for the Order directly to the Courier in any way by certain parties.
7.8. When accepting the Parcel from the Sender, the Courier must:
- carefully read its contents;
- ask the Sender to show the contents and seal the package with you.
- do not accept the Parcel if the Sender refuses to show the contents of the parcel.
- do not accept the Parcel if the content seems suspicious or illegal.
- if you suspect a violation of the current legislation or the rules of the Service, you must contact the Administrator at the email address specified in section 13 of this License Agreement.
7.9. Users of the Service guarantee not to use the Service for ordering or delivery purposes:
• documents, products and other Parcels weighing more than 20 kg;
• documents, products and other Parcels, the cost of which exceeds USD 100.
• narcotic drugs, psychotropic, potent, toxic, radioactive, explosive,
• poisonous, caustic, flammable and other hazardous substances, including those under pressure;
• firearms, pneumatic, gas or cold weapons and their parts, ammunition, fireworks, signal flares and cartridges;
• foreign currency and banknotes.
• precious metals, precious stones and products containing them;
• items and substances that, by their nature or because of their packaging, may pose a danger to people, contaminate or spoil (damage) other goods, people or objects around them;
• animals and plants, biological materials;
• items requiring
8. Confidentiality
8.1. You shall maintain in confidence all information and data relating to inDrive, its services, products, business affairs, marketing and promotion plans or other operations and its associated companies which are disclosed to you by or on behalf of inDrive (whether orally or in writing and whether before, on or after the date of this Agreement) or which are otherwise directly or indirectly acquired by you from inDrive, or any of its affiliated companies, or created in the course of this Agreement (“Confidential Information”). You shall further ensure that you, your officers, employees and agents only use such confidential information in order to perform the Services, and shall not without inDrive's prior written consent, disclose such information to any third-party nor use it for any other purpose. You shall only disclose such information to such officers, employees and agents as need to know it to fulfil its obligations under this Agreement.
8.2. You agree to take all reasonable measures to protect the secrecy of and avoid disclosure or use of Confidential Information of inDrive in order to prevent it from falling into the public domain. Notwithstanding the above, you shall not have liability to inDrive with regard to any Confidential Information which you can prove: was in the public domain at the time it was disclosed by inDrive or has entered the public domain through no fault of yours; was known to you, without restriction, at the time of disclosure, as demonstrated by files in existence at the time of disclosure; is disclosed with the prior written approval of inDrive; becomes known to you, without restriction, from a source other than inDrive without breach of this Agreement by you and otherwise not in violation of inDrive's rights; or is disclosed pursuant to the order or requirement of a court, administrative agency, or other governmental body; provided, however, that you shall provide prompt notice of such court order or requirement to inDrive to enable inDrive to seek a protective order or otherwise prevent or restrict such disclosure.
9. Personal Data Protection
9.1. You agree and consent to inDrive using and processing your Personal Data for the purposes and in the manner as identified hereunder.
9.2. For the purposes of this Agreement, “Personal Data” means information about you, from which you are identifiable, including but not limited to your name, identification card number, address, telephone number, credit or debit card details, gender, date of birth, email address, any information about you which you have provided to inDrive in registration forms, application forms or any other similar forms and/or any information about you that has been or may be collected, stored, used and processed by inDrive from time to time and includes sensitive Personal Information.
9.3. The provision of your Personal Data is voluntary. However, if you do not provide inDrive with your Personal Data, your access to the Application may be incomplete and inDrive will not be able to process your Personal Information for the purposes outlined in our Privacy Policy and this may cause inDrive to be unable to allow you to use the Service.
9.4. You agree that inDrive and/or inDrive.Courier may send you push notifications and emails, contact you by telephone or text messages (including by an automatic telephone dialing system) at any of the phone numbers provided by you or on your behalf in connection with an inDrive account, including for marketing purposes. You understand that you are not required to provide this consent as a condition of purchasing any property, goods or services from inDrive.
9.5. Collection and use of Personal Data in connection with the Services is described in inDrive Privacy Policy.
10. Indemnification
10.1. By agreeing to the Terms of Use and/or using the Service, you agree that you shall defend, indemnify and hold inDrive, its officers, directors, members, 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) your use of the Service, Software and/or the Application, your dealing with the third party transportation providers, third party providers, partners, advertisers and/or sponsors, or (b) your violation or breach of any of the Terms of Use or any applicable law or regulation, whether or not referenced herein or (c) your violation of any rights of any third party, including third party transportation providers arranged via the Service, or (d) your use or misuse of the Service, Software and/or the Application.
11. Disclaimer of Warranties
11.1. inDrive MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICES, APPLICATION AND/OR THE SOFTWARE. inDrive DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICE, APPLICATION AND/OR THE SOFTWARE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIALS PURCHASED OR OBTAINED BY YOU THROUGH THE APPLICATION WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS IN THE APPLICATION AND/OR THE SOFTWARE WILL BE CORRECTED, OR (F) THE APPLICATION OR THE SERVER(S) THAT MAKE THE APPLICATION AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (G) THE APPLICATION AND/OR THE SOFTWARE TRACKS YOU OR THE VEHICLE USED BY THE TRANSPORTATION PROVIDER. THE SERVICE IS PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS.
11.2. Without limiting the application of the consumer law and any other applicable laws, 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 excluded and disclaimed to the highest and maximum extent. inDrive makes no representation, warranty, or guarantee as to the reliability, safety, timeliness, quality, suitability or availability of any services, including but not limited to the third-party transportation services obtained by or from third parties through the use of the service, application and/or the software. You acknowledge and agree that the entire risk arising out of your use of the Service, and any third-party services, including but not limited to the third-party transportation services remains solely and absolutely with you and you shall have no recourse whatsoever to inDrive.
11.3. The Service, application and/or the Software may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications including the device used by you or the third-party transportation provider being faulty, not connected, out of range, switched off or not functioning. inDrive is not responsible for any delays, delivery failures, damages or losses resulting from such problems.
12. Limitation of Liability
12.1. Any claims against inDrive by you shall in any event be limited to the aggregate amount of all amounts actually paid by and/or due from you in utilizing the service during the event giving rise to such claims. IN NO EVENT SHALL inDrive AND/OR ITS LICENSORS BE LIABLE TO YOU OR ANYONE FOR ANY DIRECT, INDIRECT, PUNITIVE, ECONOMIC, FUTURE SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OR LOSSES OF ANY TYPE OR KIND (INCLUDING PERSONAL INJURY, EMOTIONAL DISTRESS AND LOSS OF DATA, GOODS, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE). inDrive AND/OR ITS LICENSORS SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY WHICH MAY BE INCURRED BY OR CAUSED TO YOU OR TO ANY PERSON FOR WHOM YOU HAVE BOOKED THE SERVICE FOR, INCLUDING BUT NOT LIMITED TO LOSS, DAMAGE OR INJURY ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SERVICE, APPLICATION AND/OR THE SOFTWARE, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SERVICE, APPLICATION AND/OR THE SOFTWARE, ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY THIRD PARTY PROVIDER, ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE WEBSITE OR IS REFERRED TO BY THE SERVICE, APPLICATION AND/OR THE SOFTWARE, EVEN IF inDrive AND/OR ITS LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. inDrive does not and will not assess nor monitor the suitability, legality, ability, movement or location of any third-party providers including third party transportation providers, advertisers and/or sponsors and you expressly waive and release inDrive from any and all liability, claims or damages arising from or in any way related to the third-party providers including third party transportation providers, advertisers and/or sponsors. inDrive will not be a party to disputes, negotiations of disputes between you and such third-party providers including third party transportation providers, advertisers and/or sponsors. We cannot and will not play any role in managing payments between you and the third-party providers, including third party transportation providers, advertisers and/or sponsors. Responsibility for the decisions you make regarding services and products offered via the service, software and/or the application (with all its implications) rests solely with and on you. You expressly waive and release inDrive from any and all liability, claims, causes of action, or damages arising from your use of the service, software and/or the application, or in any way related to the third parties including third party transportation providers, advertisers and/or sponsors introduced to you by the service, software and/or the application.
12.2. The quality of the third-party transportation services scheduled through the use of the service is entirely the responsibility of the third-party transportation provider who ultimately provides such transportation services to you. You understand, therefore, that by using the service, you may be exposed to transportation that is potentially dangerous, offensive, harmful to minors, unsafe or otherwise objectionable, and that you use the service at your own risk.
12.3. Third Party Services and Content. The Services may be made available or accessed in connection with third party services and content (including advertising) that inDrive does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third-party services and content. inDrive does not endorse such third-party services and content and in no event shall inDrive be responsible or liable for any products or services of such third-party providers. Additionally, Apple Inc., Google, Inc. and/or their applicable international subsidiaries and affiliates will be third-party beneficiaries to this contract if you access the Services using Applications developed for Apple iOS, Android mobile devices, respectively. These third-party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to terms set forth in the applicable third-party beneficiary's terms of service.
12.4. If you are accessing the Services from the Apple, Inc. (Apple) iOS Store, you acknowledge and agree:
a. this Agreement is between you and inDrive and not with Apple. Apple is not responsible for the Service or any content available on the Service.
b. Apple has no obligation whatsoever to furnish any maintenance and support services for the Service.
c. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Services, and any other claims, losses, liabilities, damages, costs of expenses attributable to any failure to conform to any warranty will be inDrive’s responsibility.
d. Apple is not responsible for addressing any claims by you or any third party relating to the Service, including, but not limited to:
(i) product liability claims;
(ii) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and
(iii) claims arising under consumer protection, privacy, or similar legislation.
e. In the event of any third-party claim that the Service or your use of the Service infringes any third party’s intellectual property rights, Apple will not be responsible for the investigation, defense, settlement and discharge of any such claim.
f. That you represent and warrant that:
(i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting’” country; and
(ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
g. You must comply with applicable third-party terms of this Agreement when using the Service; and
h. Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and that, upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary.
12.5. Network Access and Devices. You are responsible for obtaining the data network access necessary to use the Services. Your mobile network's data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. inDrive does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
12.6. Ratings and Reviews. You may rate and/or provide feedback to drivers and Customers regarding the services you have received and or/provided. Ratings and reviews can be viewed by any user and will remain viewable until the relevant account is removed or terminated. You must only provide true, fair and accurate information in your reviews. If inDrive considers that your review is untrue, unfair, inaccurate, offensive or inappropriate, we may delete the review and/or ban you from posting further reviews. We do not undertake to review each review. To the maximum extent permitted by law, we are not responsible for the content of any reviews.
13. User Provided Content
13.1. inDrive may allow from time-to-time users to post their own content ("User Provided Content") that may be accessed by other users of the Service. inDrive has no obligation to monitor the User Provided Content or the use of the Service, or to retain the content of any user posted in User Provided Content sections of the Service. You may not provide defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by inDrive in its sole discretion, whether or not such material may be protected by law.
13.2. inDrive does not claim ownership of any User Provided Content. By submitting, posting or displaying the User Provided Content, you hereby grant inDrive a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any User Provided Content which you submit, post or display on or through, our website or the Application. This license is for the sole purpose of enabling inDrive to provide the Service, display, publicly perform, distribute and promote the User Provided Content and to operate its Application and website.
13.3. inDrive reserves the right, in its sole and absolute discretion, to modify or delete any User Provider Content or any other information, stored or posted to the website or to the Application.
13.4. inDrive does not assume any responsibility for the contents of the User Provided Content. Users are prohibited from disclosing any Personal Information other than their own. Users can not disclose any sensitive data. Disclosure of sensitive data can make the User liable for civil remedies and may in some cases be subject to criminal penalties under applicable law.
14. Governing Law
14.1. These Agreement, your rights and the rights of inDrive within this Agreement shall be governed by and construed in accordance with the law of England and Wales.
14.2. All parties irrevocably agree that the London Court of International Arbitration (LCIA Court) shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this Agreement or its subject matter or formation.
15. Notice
15.1. inDrive may give notice by means of a general notice on the Application, electronic mail to your email address in the records of inDrive, or by written communication sent by registered mail or pre-paid post to your address in the record of inDrive. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by registered mail or pre-paid post) or 1 hour after sending (if sent by email). You may give notice to inDrive (such notice shall be deemed given when received by inDrive) by letter sent by Courier or registered mail to inDrive using the contact details as provided in the Application.
16. Assignment
16.1. The agreement as constituted by the Terms of Use as modified from time to time may not be assigned by you without the prior written approval of inDrive but may be assigned without your consent by inDrive. Any purported assignment by you in violation of this section shall be void.
17. General Provisions
17.1. No waiver of any term of the Agreement shall be deemed a further or continuing waiver of such term or any other term, and any failure to assert any right or provision under the Agreement shall not constitute a waiver of such term. If for any reason a court of competent jurisdiction finds any provision or portion of this Agreement to be unenforceable, then such provision or portion shall be construed, as nearly as possible, to reflect the original provision, and the remainder of the Agreement will continue in full force and effect. The Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. The section titles in the Agreement are used solely for convenience and have no legal or contractual significance. No provision of the Agreement shall be construed against the owners of this site but rather shall be construed in a neutral and fair manner as terms entered into by a fully informed party on a voluntary basis. The terms of the Agreement, which by their nature should survive the termination of the Agreement, shall survive such termination. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and shall not be deemed to limit or affect any of the provisions hereof. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms or use of the Site, the App or the Services. You further acknowledge that by submitting User Submissions or other Content, no confidential, fiduciary, contractually implied or other relationship is created between you and Us other than pursuant to these Terms.
17.2. We may give notice to you by email, a posting on the website, or other reasonable means. You must give notice to us in writing via email or as otherwise expressly provided.
18. Class Action Waiver
18.1. By voluntarily accepting this Agreement, you agree that in its entirety as provided by the applicable law, a lawsuit or arbitration proceedings related to this Agreement are carried out exclusively on a case- by-case basis, and no disputes arising from collective claims or representative actions on behalf of third parties shall be considered.
18.2. Disputes cannot be consolidated without the written consent of all parties. No decision or determination of a court or an arbitrator will have a prejudicial force over the issues or claims regarding any disputes with persons who are not the declared parties to such arbitration proceedings.
This means the following:
a. You agree that you cannot make a claim as a plaintiff or a participant in a class action, a consolidated action or a representative action.
b. The parties agree that an arbitrator or a court shall not consolidate the claims of more than one person into a single lawsuit and shall not conduct arbitration or action proceedings of a consolidated, collective or representative nature (unless all parties agree to change this provision).
c. The parties agree that the decision or determination of an arbitrator or a court in the event of a single person claim can only affect the person who filed this lawsuit, but not other persons, and cannot be used to resolve other disputes with other plaintiffs.
19. Termination
19.1. You are free to terminate your inDrive account at any time by contacting support@inDrive.com. Please refer to our Privacy Policy as well as the Terms herein, to understand how we treat information you provide to us after you have stopped using our Services.
19.2. inDrive is also free to terminate (or suspend access to) your use of the Services or your account, for any reason in our sole discretion, including your breach of these Terms. inDrive has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.
If you have any questions about the quality of the Service, please contact us by email: support@inDrive.com
Terms of Use inDrive.Freight
Last updated: December 21, 2021
These terms of use constitute an agreement (the "Agreement" or "Terms of Use") between you and inDrive ("inDrive", "we", "us" or "our") governing your use of the inDrive.Freight service of inDrive application and/or website. This Agreement applies to both Carriers and Shippers. All references "you", "your", "yourself" in this Agreement apply both to Carriers and Shippers unless it is specified accordingly.
1. Accepting Terms of Use
1.1. IMPORTANT: BY USING inDrive.FREIGHT OF inDrive APPLICATION AND/OR WEBSITES (THE "SERVICE"), YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, ACCEPTED AND AGREED WITH THESE TERMS AND CONDITIONS. YOU FURTHER AGREE TO THE REPRESENTATIONS MADE BY YOURSELF BELOW. IF YOU DO NOT AGREE TO OR FALL WITHIN THE TERMS OF USE OF THE SERVICE AND/OR WISH TO DISCONTINUE USING THE SERVICE, PLEASE DO NOT CONTINUE USING THIS SERVICE.
1.2. The Terms of Use stated herein constitute a legal agreement between you and inDrive and its subsidiaries and affiliates. In order to use the Service, you must agree to the Terms of Use that are set out below. By using the mobile application and websites supplied to you by inDrive (the "Application" or "App"), and downloading, installing or using any associated software supplied by inDrive (the "Software"), you hereby expressly acknowledge and agree to be bound by the Terms of Use, and any future amendments and additions to these Terms of Use as published from time to time through the Application. By installing the inDrive on your mobile device or computer, you unconditionally agree with all the rules, conditions and information posted in the inDrive Application itself and on the website, including but not limited to: these Terms of Use, inDrive Terms of use, Privacy Policy (https://indriver.com/mobile/page/privacyPolicy/en/), as well as the Rules in the Application.
1.3. Please note that inDrive.Freight may change any part of these Terms of Use at any time. When inDrive does that, it will provide you with reasonable notice and your continued use of the Application and/or the Services after the notice period will constitute your acceptance of the updated Terms of Use. You agree that it shall be your responsibility to review the Terms of Use regularly and also the Terms of Use applicable to any country where you use the Service whereupon the continued use of the Service after any such changes, whether or not reviewed by you, shall constitute your consent and acceptance to such changes. You further agree that usage of the Service in any other country shall be subject to the Terms of Use prevailing in that other country which can be found at Application.
1.4. inDrive.Freight does not offer services to subjects in Member States of the European Union, European Economic Area.
1.5. Each transportation or freight service provided by a Carrier to a Shipper shall constitute a separate agreement between Carrier and Shipper. inDrive and its service inDrive.Freight are technology aggregators that do not provide freight transportation services directly. inDrive is not a freight service provider. It is up to the freight service providers (Carriers) to offer freight services to Shippers and it is up to Shippers to accept such freight services. The service of inDrive is to link Carriers and Shippers, but inDrive does not nor it is intended to provide freight services or any acts that can be construed in any way as an act of a freight service provider.
1.6. inDrive is not responsible nor liable for the acts and/or omissions of any Carrier and/or any freight services provided to you as a Shipper.
2. Eligibility
2.1. By using the Service, you expressly represent and warrant that you are legally entitled to accept and agree to the Terms of Use and that you are at least eighteen (18) years old. Without limiting the generality of the foregoing, the Service is not available to persons who are forbidden for any reason whatsoever to enter into a contractual relationship. By using the Service, you further represent and warrant that you have the right, authority and capacity to use the Service and to abide by the Terms of Use. You further confirm that all the information which you provide to inDrive shall be true and accurate. You warrant that your use of the Service is for your own sole, personal use. You undertake not to authorise others to use your identity or user status, and you may not assign or otherwise transfer your user account to any other person or entity. When using the Service you agree to comply with all applicable laws whether in your home country or otherwise in the country, state and city in which you are located while using the Service.
2.2. You may only access the Service using authorised means. It is your responsibility to check and ensure that you have downloaded the correct Software for your device. inDrive is not liable if you do not have a compatible device or if you have downloaded the wrong version of the Software to your device. inDrive reserves the right not to permit you to use the Service should you use the Application and/or the Software with an incompatible or unauthorised device or for purposes other than which the Software and/or the Application is intended to be used.
2.3. If you are a Carrier you further represent, warrant/undertake that you possess an appropriate cargo vehicle, valid driver’s license, all the appropriate licenses, approvals, qualifications, certificates at all times. You, as a Carrier, must inform inDrive immediately if you stop owning/holding the aforementioned cargo vehicle, licenses, approvals, qualifications, certificates.
3. Prices and Payments
3.1. When a Carrier accepts a request in response to a Shipper's offer, this constitutes Carrier’s intention and offer to enter into a contract with a Shipper, where a Carrier will provide a Shipper with the freight transportation service in exchange for payment of the relevant quoted price (the "Order").
3.2. inDrive payment system is a system under which a Shipper makes a suggestion for a freight transportation price and the freight transportation request is only confirmed (and a contract is formed between the Carrier and the Shipper) only if the Shipper and the Carrier both agree on and accept the quoted price.
3.3. You agree that this Agreement shall be subject to all prevailing statutory taxes, duties, fees, charges and/or costs, however denominated, as may be in force and in connection with any future taxes that may be introduced at any point of time. You further agree to use your best efforts to do everything necessary and required by the relevant laws to enable, assist and/or defend inDrive to claim or verify any input tax credit, set off, rebate or refund in respect of any taxes paid or payable in connection with the Service supplied under this Agreement.
3.4. You are responsible for the collection and remission of all taxes associated with the services you provide or receive or any transactions through your use of the Services, and inDrive will not be held accountable in relation to any transactions between a Carrier and a Shipper where tax related misconduct has occurred.
3.5. inDrive may charge a fee to Carrier for the use of the Service. The terms of payment are specified in Terms of Payment located at https://indriver.com/mobile/page/paymentHelp/en. inDrive may at any time make changes to the fee. When inDrive does that, it will provide a reasonable notice and continued use of the Application and/or the Service after the notice period will constitute an acceptance of the updated Terms of Payment.
3.6. inDrive will deduct the fee when the Order is accepted by the both Parties. . inDirver will refund the 20% of the inDrive fee if a Shipper cancels the transportation or if a Shipper never appears,Shipper or third party, designated and capable of accepting a freight, does not appear, and any other situation. Refunds will be made in 24 hours after inDrive confirms the information relating to the refund. For customer support with account-related and payment-related questions please contact support@inDrive.com.
4. License Grant and Restrictions
4.1. License. Subject to your compliance with these Terms of Use, inDrive grants you a restricted, non-exclusive, non-transferrable, non-assignable, revocable license to: (a) access and use the Application on your personal device only for the purpose of using the Services; and (b) access and view any content or materials that may be made available through the Services, in each case only for your personal, noncommercial use. All rights not expressly granted to you herein are reserved by inDrive and inDrive's licensors.
4.2. Limitations and restrictions. You are not allowed to: (a) remove any copyright, trademark or other proprietary notices from any part of the Services; (b) modify, create derivative works based upon, reproduce, distribute, license, lease, sell, resell, transfer, publicly display, stream, broadcast or otherwise use the Services unless given a written consent to do so by inDrive; (c) reverse engineer, decompile, disassemble or otherwise attempt to discover or change the source code of the Services except as may be permitted by applicable law; (d) frame, link to or mirror any part of the Services; (e) cause or run any programs or scripts for the purpose of scraping, indexing, surveying or conducting any other form of data collecting on any part of the Services or intentionally overloading or hindering the operation and/or functionality of any aspect of the Services; or (f) try to gain unauthorised access to or attempt to damage any part of the Services or its related systems or networks.
4.3. You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Application and/or the Software in any way; (ii) modify or make derivative works based on the Application and/or the Software; (iii) create internet "links" to the Application or "frame" or "mirror" any Software on any other server or wireless or internet-based device; (iv) reverse engineer or access the Software in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Application and/or the Software, or (c) copy any ideas, features, functions or graphics of the Application and/or the Software, (v) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Application and/or the Software, (vi) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the Services or its contents; (vii) post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights, (viii) remove any copyright, trademark or other proprietary rights notices contained in the Service.
4.4. You may use the Software and/or the Application only for your personal purpose and shall not use the Software and/or the Application to: (i) send spam or otherwise duplicative or unsolicited messages; (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including but not limited to materials harmful to children or violative of third party privacy rights; (iii) send 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 Software and/or the Application or the data contained therein; (v) attempt to gain unauthorised access to the Software and/or the Application or its related systems or networks; or (vi) impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity.
4.5. You should abstain from any conduct that could possibly damage inDrive's reputation or amount to being disparaging or brining inDrive into disrepute.
5. Intellectual Property Ownership
5.1. THE SERVICE CONTAINS CONTENT (SUCH AS DESIGN, IMAGES, SOUNDS, TEXTS, DATABASES, COMPUTER CODES, REGISTERED AND UNREGISTERED TRADEMARKS AND OTHER SIMILAR OBJECTS) OWNED OR LICENSED BY inDrive, WHICH IS PROTECTED BY COPYRIGHT, TRADEMARK, PATENT, TRADE SECRET AND OTHER LAWS. inDrive AND ITS LICENSORS, WHERE APPLICABLE, SHALL OWN ALL RIGHTS, TITLE AND INTEREST, INCLUDING ALL RELATED INTELLECTUAL PROPERTY RIGHTS, IN AND TO THE SOFTWARE AND/OR THE APPLICATION AND BY EXTENSION, THE SERVICE AND ANY SUGGESTIONS, IDEAS, ENHANCEMENT REQUESTS, FEEDBACK, RECOMMENDATIONS OR OTHER INFORMATION PROVIDED BY YOU OR ANY OTHER PARTY RELATING TO THE SERVICE. THE TERMS OF USE DO NOT CONSTITUTE A SALE AGREEMENT AND DO NOT CONVEY TO YOU ANY RIGHTS OF OWNERSHIP IN OR RELATED TO THE SERVICE, SOFTWARE AND/OR THE APPLICATION, OR ANY INTELLECTUAL PROPERTY RIGHTS OWNED BY inDrive AND/OR ITS LICENSORS. inDrive NAME, inDrive LOGO, THE SERVICE, THE SOFTWARE AND/OR THE APPLICATION AND THE TRANSPORTATION PROVIDERS' LOGOS AND THE PRODUCT NAMES ASSOCIATED WITH THE SOFTWARE AND/OR THE APPLICATION ARE TRADEMARKS OF inDrive OR THIRD PARTIES, AND NO RIGHT OR LICENSE IS GRANTED TO USE THEM. FOR THE AVOIDANCE OF DOUBT, THE TERM SOFTWARE AND APPLICATION HEREIN SHALL INCLUDE ITS RESPECTIVE COMPONENTS, PROCESSES AND DESIGN IN ITS ENTIRETY.
6. Restricted Activities
6.1. With respect to your use of inDrive and your participation in the Services, you agree that, while on the Application or otherwise using the Service, you will not:
• fraudulently impersonate any person or entity;
• stalk, threaten, or otherwise harass any person, or carry any weapons;
• violate any law, statute, ordinance or regulation;
• interfere with or disrupt the Services or the servers or networks connected to inDrive;
• post information or interact on inDrive App or Services in a manner which is false, inaccurate, misleading (directly or by omission or failure to update information), defamatory, libelous, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, or illegal;
• use the inDrive App or Service in any way that infringes any third party's rights, including but not limited to: intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
• post, email or otherwise transmit any malicious code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data or personal information;
• forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through inDrive;
• modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of Software or any software used on or for inDrive;
• rent, lease, lend, sell, redistribute, license or sublicense inDrive App and the Site or access to any portion of inDrive;
• use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, scrape, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of inDrive or its contents;
• create liability for us or cause us to become subject to regulation as a transportation carrier or provider of freight transportation service;
• link directly or indirectly to any other websites;
• transfer or sell your User account, password and/or identification to any other party; or
• cause any third party to engage in the restricted activities above.
7. Freight Services Conditions
7.1. The Order can be placed by the Shipper using the functionality of the Service in the App. Registration of the Order and freight transportation is carried out by the Carrier and the Shipper on the terms and conditions agreed between them such as transportation price, pick-up (Point "A") and drop-off (Point "B") addresses, type of freight, transportation and delivery methods and procedures, and other conditions determined by the Shipper and the Carrier additionally.
7.2. The Shipper, while placing the Order on the Service, determines the pick-up and drop-off addresses (Points "A" and "B"), type of freight, transportation and delivery methods and procedures, and also indicates the price that he is ready to pay to the Carrier for freight transportation. Several Carriers may respond to the Order, while agreeing with the proposed price or they may offer their own price for the Order which is different from the one proposed by the Shipper. The Shipper chooses the Carrier based on the conditions they offer, price, Carrier's ratings, transportation methods. After the Order is agreed and accepted by both Users, it is considered that the Carrier and the Shipper have agreed on all essential terms and conditions of freight transportation services between each other.
7.3. When filling out information about the pick-up and drop-off addresses (including the correct name of the settlement, street (avenue, highway, etc), house number (including building, structure, construction etc), entrance, apartment, floor, intercom code) or when choosing the addresses from the available selection in the Application, the Shipper is obligated to check the correctness of the previously specified information.
7.4. The Shipper is responsible for the completeness, sufficiency and correctness of the information entered when placing the Order. The Shipper accepts the risks of the consequences of incorrect indication of the information necessary for the execution of the Order, including those leading to the impossibility of the proper execution of the Order.
7.5. The Shipper undertakes to ensure unobstructed freight transportation delivery to the Point "B" for the Carrier, as well as to ensure their presence or the presence of a third party, designated and capable of accepting the freight, at the specified drop-off address (Point "B").
7.6. At the time of receiving the freight, the Carrier undertakes to check the contents of the freight for compliance with the registered Order in the Application.
7.7. The Shipper pays for the Order directly to the Carrier in any way determined by the Shipper and the Carrier.
7.8. When receiving the freight from the Shipper, the Carrier should:
• carefully examine its contents;
• ask the Shipper to show the contents of the freight;
• do not accept the freight if the Shipper refuses to show the contents of the freight;
• do not accept the freight if the contents seem suspicious or illegal;
• contact inDrive at the email address specified in Section 13 of this Agreement in case of suspicion of a violation of the current legislation or the rules of the Service.
7.9. Users of the Service guarantee not to use the Service for ordering or transportation purposes of:
• goods weighing less than 20 kg;
• precious metals, precious stones and products containing them;
• items and substances that, by their nature or because of their packaging, can pose a danger to people, contaminate or spoil (damage) other goods, people or objects around them;
• prohibited or restricted/limited for transportation animals and plants, biological materials;
• items requiring specially equipped vehicles for transportation, including food products;
• liquids in an open container;
• fragile items without special packaging;
• electronic cigarettes, electronic heating systems for tobacco, tobacco products:
• alcoholic beverages;
• goods with limited distribution, goods withdrawn from distribution, goods, the free sale of which is prohibited and/or restricted.
8. Confidentiality
8.1. You shall maintain in confidence all information and data relating to inDrive, its services, products, business affairs, marketing and promotion plans or other operations and its associated companies which are disclosed to you by or on behalf of inDrive (whether orally or in writing and whether before, on or after the date of this Agreement) or which are otherwise directly or indirectly acquired by you from inDrive, or any of its affiliated companies, or created in the course of this Agreement (“Confidential Information”). You shall further ensure that you, your officers, employees and agents only use such confidential information in order to perform the Services, and shall not without inDrive's prior written consent, disclose such information to any third-party nor use it for any other purpose. You shall only disclose such information to such officers, employees and agents as need to know it to fulfil its obligations under this Agreement.
8.2. You agree to take all reasonable measures to protect the secrecy of and avoid disclosure or use of Confidential Information of inDrive in order to prevent it from falling into the public domain. Notwithstanding the above, you shall not have liability to inDrive with regard to any Confidential Information which you can prove: was in the public domain at the time it was disclosed by inDrive or has entered the public domain through no fault of yours; was known to you, without restriction, at the time of disclosure, as demonstrated by files in existence at the time of disclosure; is disclosed with the prior written approval of inDrive; becomes known to you, without restriction, from a source other than inDrive without breach of this Agreement by you and otherwise not in violation of inDrive's rights; or is disclosed pursuant to the order or requirement of a court, administrative agency, or other governmental body; provided, however, that you shall provide prompt notice of such court order or requirement to inDrive to enable inDrive to seek a protective order or otherwise prevent or restrict such disclosure.
9. Personal Data Protection
9.1. You agree and consent to inDrive using and processing your Personal data for the purposes and in the manner as identified hereunder.
9.2. For the purposes of this Agreement, "Personal data" means information about you, from which you are identifiable, including but not limited to your name, identification card number, address, telephone number, credit or debit card details, gender, date of birth, email address, any information about you which you have provided to inDrive in registration forms, application forms or any other similar forms and/or any information about you that has been or may be collected, stored, used and processed by inDrive from time to time and includes sensitive Personal information.
9.3. The provision of your Personal data is voluntary. However, if you do not provide inDrive with your Personal data, your access to the Application may be incomplete and inDrive will not be able to process your Personal data for the purposes outlined in our Privacy Policy and this may cause inDrive to be unable to allow you to use the Service.
9.4. You agree that inDrive and/or inDrive.Freight may send you push notifications and emails, contact you by telephone or text messages (including by an automatic telephone dialing system) at any of the phone numbers provided by you or on your behalf in connection with an inDrive account, including for marketing purposes. You understand that you are not required to provide this consent as a condition of purchasing any property, goods or services from inDrive.
9.5. Collection and use of Personal data in connection with the Services is described in inDrive Privacy Policy located at https://indriver.com/mobile/page/privacyPolicy.
10. Indemnification
10.1. By agreeing to the Terms of Use and/or using the Service, you agree that you shall defend, indemnify and hold inDrive, its officers, directors, members, 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) your use of the Service, Software and/or the Application, your dealing with the third party freight transportation providers, third party providers, partners, advertisers and/or sponsors, or (b) your violation or breach of any of the Terms of Use or any applicable law or regulation, whether or not referenced herein or (c) your violation of any rights of any third party, including third party freight transportation providers arranged via the Service, or (d) your use or misuse of the Service, Software and/or the Application.
11. Disclaimer of Warranties
11.1. inDrive MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICES, APPLICATION AND/OR THE SOFTWARE. inDrive DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICE, APPLICATION AND/OR THE SOFTWARE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIALS PURCHASED OR OBTAINED BY YOU THROUGH THE APPLICATION WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS IN THE APPLICATION AND/OR THE SOFTWARE WILL BE CORRECTED, OR (F) THE APPLICATION OR THE SERVER(S) THAT MAKE THE APPLICATION AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (G) THE APPLICATION AND/OR THE SOFTWARE TRACKS YOU OR THE VEHICLE USED BY THE TRANSPORTATION PROVIDER. THE SERVICE IS PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS.
11.2. Without limiting the application of consumer protection laws and any other applicable laws, 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 excluded and disclaimed to the highest and maximum extent. inDrive makes no representation, warranty, or guarantee as to the reliability, safety, timeliness, quality, suitability or availability of any services, including but not limited to the freight transportation services obtained by or from Users through the use of the Service, Application and/or the Software. You acknowledge and agree that the entire risk arising out of your use of the Service, and any third party services, including but not limited to the freight transportation services remains solely and absolutely with you and you shall have no recourse whatsoever to inDrive.
11.3. The Service, application and/or the Software may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications including the device used by you or the third party transportation provider being faulty, not connected, out of range, switched off or not functioning. inDrive is not responsible for any delays, delivery failures, damages or losses resulting from such problems.
12. Limitation of Liability
12.1. Any claims against inDrive by you shall in any event be limited to the aggregate amount of all amounts actually paid by and/or due from you in utilising the service during the event giving rise to such claims. IN NO EVENT SHALL inDrive AND/OR ITS LICENSORS BE LIABLE TO YOU OR ANYONE FOR ANY DIRECT, INDIRECT, PUNITIVE, ECONOMIC, FUTURE SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OR LOSSES OF ANY TYPE OR KIND (INCLUDING PERSONAL INJURY, EMOTIONAL DISTRESS AND LOSS OF DATA, GOODS, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE). inDrive AND/OR ITS LICENSORS SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY WHICH MAY BE INCURRED BY OR CAUSED TO YOU OR TO ANY PERSON FOR WHOM YOU HAVE BOOKED THE SERVICE FOR, INCLUDING BUT NOT LIMITED TO LOSS, DAMAGE OR INJURY ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SERVICE, APPLICATION AND/OR THE SOFTWARE, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SERVICE, APPLICATION AND/OR THE SOFTWARE, ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY THIRD PARTY PROVIDER, ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE WEBSITE OR IS REFERRED TO BY THE SERVICE, APPLICATION AND/OR THE SOFTWARE, EVEN IF inDrive AND/OR ITS LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. inDrive does not and will not assess nor monitor the suitability, legality, ability, movement or location of any third party providers including third party transportation providers, advertisers and/or sponsors and you expressly waive and release inDrive from any and all liability, claims or damages arising from or in any way related to the third party providers including third party transportation providers, advertisers and/or sponsors. inDrive will not be a party to disputes, negotiations of disputes between you and such third party providers including third party transportation providers, advertisers and/or sponsors. We cannot and will not play any role in managing payments between you and the third party providers, including third party transportation providers, advertisers and/or sponsors. Responsibility for the decisions you make regarding services and products offered via the service, software and/or the application (with all its implications) rests solely with and on you. You expressly waive and release inDrive from any and all liability, claims, causes of action, or damages arising from your use of the service, software and/or the application, or in any way related to the third parties including third party transportation providers, advertisers and/or sponsors introduced to you by the service, software and/or the application.
12.2. The quality of the freight transportation services arranged through the use of the Service is entirely the responsibility of the Carrier who ultimately provides such transportation services to a Shipper. You, as a Shipper, understand, therefore, that by using the Service, you may be exposed to freight transportation that is potentially dangerous, offensive, harmful to minors, unsafe or otherwise objectionable, and that you use the Service at your own risk.
12.3. Third Party Services and Content. The Services may be made available or accessed in connection with third party services and content (including advertising) that inDrive does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third party services and content. inDrive does not endorse such third party services and content and in no event shall inDrive be responsible or liable for any products or services of such third party providers. Additionally, Apple Inc., Google, Inc., and/or their applicable international subsidiaries and affiliates will be third-party beneficiaries to this contract if you access the Services using Applications developed for Apple iOS, Android mobile devices, respectively. These third party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to terms set forth in the applicable third party beneficiary's terms of service.
12.4. If you are accessing the Services from the Apple, Inc. (Apple) iOS Store you acknowledge and agree:
a. this Agreement is between you and inDrive and not with Apple. Apple is not responsible for the Service or any content available on the Service;
b. Apple has no obligation whatsoever to furnish any maintenance and support services for the Service;
c. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Services, and any other claims, losses, liabilities, damages, costs of expenses attributable to any failure to conform to any warranty will be inDrive’s responsibility;
d. Apple is not responsible for addressing any claims by you or any third party relating to the Service, including, but not limited to:
(i) product liability claims;
(ii) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and
(iii) claims arising under consumer protection, privacy, or similar legislation;
e. in the event of any third party claim that the Service or your use of the Service infringes any third party’s intellectual property rights, Apple will not be responsible for the investigation, defence, settlement and discharge of any such claim;
f. that you represent and warrant that:
(i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and
(ii) you are not listed on any U.S. Government list of prohibited or restricted parties;
g. you must comply with applicable third party terms of this Agreement when using the Service; and
h. Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and that, upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary.
12.5. Network Access and Devices. You are responsible for obtaining the data network access necessary to use the Services. Your mobile network's data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. inDrive does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
12.6. Ratings and Reviews. You may rate and/or provide feedback to Carriers and Shippers regarding the services you have received and or/provided. Ratings and reviews can be viewed by any user and will remain viewable until the relevant account is removed or terminated. You must provide only true, fair and accurate information in your reviews. If inDrive considers that your review is untrue, unfair, inaccurate, offensive or inappropriate, we may delete the review and/or ban you from posting further reviews. We do not undertake to review each review. To the maximum extent permitted by law, we are not responsible for the content of any reviews.
13. User Provided Content
13.1. inDrive may allow from time to time users to post their own content ("User Provided Content") that may be accessed by other users of the Service. inDrive has no obligation to monitor the User Provided Content or the use of the Service, or to retain the content of any user posted in User Provided Content sections of the Service. You may not provide defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by inDrive in its sole discretion, whether or not such material may be protected by law.
13.2. inDrive does not claim ownership of any User Provided Content. By submitting, posting or displaying the User Provided Content, you hereby grant inDrive a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any User Provided Content which you submit, post or display on or through, our website or the Application. This license is for the sole purpose of enabling inDrive to provide the Service, display, publicly perform, distribute and promote the User Provided Content and to operate its Application and website.
13.3. inDrive reserves the right, in its sole and absolute discretion, to modify or delete any User Provider Content or any other information, stored or posted to the website or to the Application.
13.4. inDrive does not assume any responsibility for the contents of the User Provided Content. Users are prohibited from disclosing any Personal data other than their own. Users can not disclose any sensitive data. Disclosure of sensitive data can make the User liable for civil remedies and may in some cases be subject to criminal penalties under applicable law.
14. Governing Law
14.1. These Agreement, your rights and the rights of inDrive within this Agreement shall be governed by and construed in accordance with the law of England and Wales.
14.2. All parties irrevocably agree that the London Court of International Arbitration (LCIA Court) shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this Agreement or its subject matter or formation.
15. Notice
15.1. inDrive may give notice by means of a general notice on the Application, electronic mail to your email address in the records of inDrive, or by written communication sent by registered mail or pre-paid post to your address in the record of inDrive. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by registered mail or pre-paid post) or 1 hour after sending (if sent by email). You may give notice to inDrive (such notice shall be deemed given when received by inDrive) by letter sent by courier or registered mail to inDrive using the contact details as provided in the Application.
16. Assignment
16.1. The agreement as constituted by the Terms of Use as modified from time to time may not be assigned by you without the prior written approval of inDrive but may be assigned without your consent by inDrive. Any purported assignment by you in violation of this section shall be void.
17. General Provisions
17.1. No waiver of any term of the Agreement shall be deemed a further or continuing waiver of such term or any other term, and any failure to assert any right or provision under the Agreement shall not constitute a waiver of such term. If for any reason a court of competent jurisdiction finds any provision or portion of this Agreement to be unenforceable, then such provision or portion shall be construed, as nearly as possible, to reflect the original provision, and the remainder of the Agreement will continue in full force and effect. The Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. The section titles in the Agreement are used solely for convenience and have no legal or contractual significance. No provision of the Agreement shall be construed against the owners of this site but rather shall be construed in a neutral and fair manner as terms entered into by a fully-informed party on a voluntary basis. The terms of the Agreement, which by their nature should survive the termination of the Agreement, shall survive such termination. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and shall not be deemed to limit or affect any of the provisions hereof. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms or use of the Site, the App or the Services. You further acknowledge that by submitting User Submissions or other Content, no confidential, fiduciary, contractually implied or other relationship is created between you and Us other than pursuant to these Terms.
18. Class Action Waiver
18.1. By voluntarily accepting this Agreement, you agree that in its entirety as provided by the applicable law, a lawsuit or arbitration proceedings related to this Agreement are carried out exclusively on a case- by-case basis, and no disputes arising from collective claims or representative actions on behalf of third parties shall be considered.
18.2. Disputes cannot be consolidated without the written consent of all parties. No decision or determination of a court or an arbitrator will have a prejudicial force over the issues or claims regarding any disputes with persons who are not the declared parties to such arbitration proceedings.
This means the following:
• You agree that you cannot make a claim as a plaintiff or a participant in a class action, a consolidated action or a representative action.
• The parties agree that an arbitrator or a court shall not consolidate the claims of more than one person into a single lawsuit, and shall not conduct arbitration or action proceedings of a consolidated, collective or representative nature (unless all parties agree to change this provision).
• The parties agree that the decision or determination of an arbitrator or a court in the event of a single person claim can only affect the person who filed this lawsuit, but not other persons, and cannot be used to resolve other disputes with other plaintiffs.
19. Termination
19.1. You are free to terminate your inDrive account at any time by contacting support@inDrive.com. Please refer to our Privacy Policy as well as the Terms herein, to understand how we treat information you provide to us after you have stopped using our Services.
19.2. inDrive is also free to terminate (or suspend access to) your use of the Services or your account, for any reason in our sole discretion, including your breach of these Terms, Rules of the Application. inDrive has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms of Use, Rules of the Application.
If you have any questions about the quality of the Service please contact us by email: support@inDrive.com.
inDrive.Intercity Terms of Use
Last updated: 25.12.2021
These terms of use constitute an agreement (the “Agreement” or “Terms of Use”) between you and inDrive (“inDrive”, “we,” “us” or “our”) governing your use of the inDrive.Intercity service of inDrive application and/or website. This Agreement applies to both drivers and passengers. All references “you”, “your”, “yourself” in this Agreement apply both to drivers and passengers unless it is specified accordingly.
1. Accepting Terms of Use
1.1. IMPORTANT: BY USING inDrive.INTERCITY OF inDrive APPLICATION AND/OR WEBSITES (THE “SERVICE”), YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, ACCEPTED AND AGREED WITH THESE TERMS AND CONDITIONS. YOU FURTHER AGREE TO THE REPRESENTATIONS MADE BY YOURSELF BELOW. IF YOU DO NOT AGREE TO OR FALL WITHIN THE TERMS OF USE OF THE SERVICE AND/OR WISH TO DISCONTINUE USING THE SERVICE, PLEASE DO NOT CONTINUE USING THIS SERVICE.
1.2. The Terms of Use stated herein constitute a legal agreement between you and inDrive and its subsidiaries and affiliates. In order to use the Service, you must agree to the Terms of Use that are set out below. By using the mobile application and websites supplied to you by inDrive (the “Application” or “App”), and downloading, installing or using any associated software supplied by inDrive (the “Software”), you hereby expressly acknowledge and agree to be bound by the Terms of Use, and any future amendments and additions to these Terms of Use as published from time to time through the Application. By installing the inDrive on your mobile device or computer, you unconditionally agree with all the rules, conditions and information posted in the inDrive Application itself and on the website, including but not limited to: these Terms of Use, inDrive Terms of use, privacy policy (https://indriver.com/mobile/page/privacyPolicy/en/), as well as the Rules in the Application.
1.3. Please note that inDrive.Intercity may change any part of these Terms of Use at any time. When inDrive does that, it will provide you with reasonable notice and your continued use of the Application and/or the Services after the notice period will constitute your acceptance of the updated Terms of Use.You agree that it shall be your responsibility to review the Terms of Use regularly and also the Terms of Use applicable to any country where you use the Service whereupon the continued use of the Service after any such changes, whether or not reviewed by you, shall constitute your consent and acceptance to such changes. You further agree that usage of the Service in any other country shall be subject to the Terms of Use prevailing in that other country which can be found at Application.
1.4. inDrive.Intercity does not offer services to subjects in Member States of the European Union, European Economic Area.
1.5. Each transportation service provided by a driver to a passenger shall constitute a separate agreement between such persons. inDrive and its service inDrive.Intercity are a technology company that does not provide transportation services directly. inDrive is not a transportation provider. It is up to the third party transportation providers to offer transportation services to you and it is up to you to accept such transportation services. The service of inDrive is to link you with such transportation providers, but does not nor is it intended to provide transportation services or any act that can be construed in any way as an act of a transportation provider.
1.6. inDrive is not responsible nor liable for the acts and/or omissions of any transportation provider and/or any transportation services provided to you.
2. Eligibility
2.1. By using the Service, you expressly represent and warrant that you are legally entitled to accept and agree to the Terms of Use and that you are at least eighteen (18) years old. Without limiting the generality of the foregoing, the Service is not available to persons who are forbidden for any reason whatsoever to enter into a contractual relationship. By using the Service, you further represent and warrant that you have the right, authority and capacity to use the Service and to abide by the Terms of Use. You further confirm that all the information which you provide to inDrive shall be true and accurate. You warrant that your use of the Service is for your own sole, personal use. You undertake not to authorise others to use your identity or user status, and you may not assign or otherwise transfer your user account to any other person or entity. When using the Service you agree to comply with all applicable laws whether in your home nation or otherwise in the country, state and city in which you are located while using the Service.
2.2.You may only access the Service using authorised means. It is your responsibility to check and ensure that you have downloaded the correct Software for your device. inDrive is not liable if you do not have a compatible device or if you have downloaded the wrong version of the Software to your device. inDrive reserves the right not to permit you to use the Service should you use the Application and/or the Software with an incompatible or unauthorised device or for purposes other than which the Software and/or the Application is intended to be used.
2.3. If you are a driver you further represent, warrant/undertake that you possess a valid driver’s license, all the appropriate licenses, approvals, qualifications, certificates at all times. You, as a driver, must inform inDrive immediately if you stop holding aforementioned licenses, approvals, qualifications, certificates.
3. Prices and Payments
3.1. When a driver accepts a request in response to a passenger's offer, this constitutes driver’s intention and offer to enter into a contract with a passenger, where a driver will provide a passenger with the service in exchange for payment of the relevant quoted price.
3.2. inDrive payment system is a system under which a passenger makes a suggestion for a ride's price and the ride request is only confirmed (and a contract is formed between the passenger and the driver) only if the passenger and the driver both accept quoted price.
3.3. The "median ride price" which we may display to you is the median of the rates transportation network companies are offering to the general public for the exact or approximate distance you selected. These rates are based on the time you requested a ride and the area you selected. We make no guarantee or warranty, with respect to the accuracy or completeness of the data used or provided.
3.4. You agree that this Agreement shall be subject to all prevailing statutory taxes, duties, fees, charges and/or costs, however denominated, as may be in force and in connection with any future taxes that may be introduced at any point of time. You further agree to use your best efforts to do everything necessary and required by the relevant laws to enable, assist and/or defend inDrive to claim or verify any input tax credit, set off, rebate or refund in respect of any taxes paid or payable in connection with the Services supplied under this Agreement.
3.5. You are responsible for the collection and remission of all taxes associated with the services you provide or receive or any transactions through your use of the Services, and inDrive will not be held accountable in relation to any transactions between the passengers and the drivers where tax related misconduct has occurred.
3.6. inDrive may charge a fee to the driver for the use of the Services. The terms of payment are specified in Terms of Payment located at https://indriver.com/mobile/page/paymentHelp/en. inDrive may at any time propose changes to the fee. When inDrive does that, it will provide you with reasonable notice and your continued use of the Application and/or the Services after the notice period will constitute your acceptance of the updated fees.
3.7. A refund is the amount of the fee from cancelled orders, which the driver will receive back, each fee will be refunded separately in 30 days after the order was cancelled. Refunds will apply to the drivers only.
3.8. We will deduct the fee when the driver delivers the car to point "A" (designated as such on the Application), as well as when the driver calls the passenger before pressing the "I've arrived" button. We will refund the fee if the passenger cancels the trip or if the passenger never appears. If the passenger does not appear, the driver should press the "Passenger didn't show up" button. Refunds will be made in 30 days after inDrive confirms the information relating to the refund.
ATTENTION DRIVERS: In case the passenger cancels the ride or does not come out, be sure to complete the order by clicking the "Passenger didn't show up" button. If the driver cancels an order by clicking the "Complaint about the passenger" button, no refund will be payable. In case the driver cancels an order after a call to the passenger, the fee will not be refunded. For customer support with account-related and payment-related questions please contact support@inDrive.com.
4. License Grant and Restrictions
4.1. License. Subject to your compliance with these Terms of Use, inDrive grants you a restricted, non-exclusive, non-transferrable, non-assignable, revocable license to: (a) access and use the Application on your personal device only for the purpose of using the Services; and (b) access and view any content or materials that may be made available through the Services, in each case only for your personal, noncommercial use. All rights not expressly granted to you herein are reserved by inDrive and inDrive's licensors.
4.2. Limitations and restrictions. You are not allowed to: (a) remove any copyright, trademark or other proprietary notices from any part of the Services; (b) modify, create derivative works based upon, reproduce, distribute, license, lease, sell, resell, transfer, publicly display, stream, broadcast or otherwise use the Services unless given a written consent to do so by inDrive; (c) reverse engineer, decompile, disassemble or otherwise attempt to discover or change the source code of the Services except as may be permitted by applicable law; (d) frame, link to or mirror any part of the Services; (e) cause or run any programs or scripts for the purpose of scraping, indexing, surveying or conducting any other form of data collecting on any part of the Services or intentionally overloading or hindering the operation and/or functionality of any aspect of the Services; or (f) try to gain unauthorised access to or attempt to damage any part of the Services or its related systems or networks.
4.3. You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Application and/or the Software in any way; (ii) modify or make derivative works based on the Application and/or the Software; (iii) create internet “links” to the Application or “frame” or “mirror” any Software on any other server or wireless or internet-based device; (iv) reverse engineer or access the Software in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Application and/or the Software, or (c) copy any ideas, features, functions or graphics of the Application and/or the Software, (v) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Application and/or the Software, (vi) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Services or its contents; (vii) post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights, (viii) remove any copyright, trademark or other proprietary rights notices contained in the Service.
4.4. You may use the Software and/or the Application only for your personal purpose and shall not use the Software and/or the Application to: (i) send spam or otherwise duplicative or unsolicited messages; (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including but not limited to materials harmful to children or violative of third party privacy rights; (iii) send 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 Software and/or the Application or the data contained therein; (v) attempt to gain unauthorised access to the Software and/or the Application or its related systems or networks; or (vi) impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity.
4.5. You should abstain from any conduct that could possibly damage inDrive's reputation or amount to being disparaging or brining inDrive into disrepute.
5. Intellectual Property Ownership
5.1. THE SERVICE CONTAINS CONTENT (SUCH AS DESIGN, IMAGES, SOUNDS, TEXTS, DATABASES, COMPUTER CODES, REGISTERED AND UNREGISTERED TRADEMARKS AND OTHER SIMILAR OBJECTS) OWNED OR LICENSED BY inDrive, WHICH IS PROTECTED BY COPYRIGHT, TRADEMARK, PATENT, TRADE SECRET AND OTHER LAWS. inDrive AND ITS LICENSORS, WHERE APPLICABLE, SHALL OWN ALL RIGHTS, TITLE AND INTEREST, INCLUDING ALL RELATED INTELLECTUAL PROPERTY RIGHTS, IN AND TO THE SOFTWARE AND/OR THE APPLICATION AND BY EXTENSION, THE SERVICE AND ANY SUGGESTIONS, IDEAS, ENHANCEMENT REQUESTS, FEEDBACK, RECOMMENDATIONS OR OTHER INFORMATION PROVIDED BY YOU OR ANY OTHER PARTY RELATING TO THE SERVICE. THE TERMS OF USE DO NOT CONSTITUTE A SALE AGREEMENT AND DO NOT CONVEY TO YOU ANY RIGHTS OF OWNERSHIP IN OR RELATED TO THE SERVICE, SOFTWARE AND/OR THE APPLICATION, OR ANY INTELLECTUAL PROPERTY RIGHTS OWNED BY inDrive AND/OR ITS LICENSORS. inDrive NAME, inDrive LOGO, THE SERVICE, THE SOFTWARE AND/OR THE APPLICATION AND THE TRANSPORTATION PROVIDERS' LOGOS AND THE PRODUCT NAMES ASSOCIATED WITH THE SOFTWARE AND/OR THE APPLICATION ARE TRADEMARKS OF inDrive OR THIRD PARTIES, AND NO RIGHT OR LICENSE IS GRANTED TO USE THEM. FOR THE AVOIDANCE OF DOUBT, THE TERM SOFTWARE AND APPLICATION HEREIN SHALL INCLUDE ITS RESPECTIVE COMPONENTS, PROCESSES AND DESIGN IN ITS ENTIRETY.
6. Restricted Activities
6.1. With respect to your use of inDrive and your participation in the Services, you agree that, while on the Application or otherwise using the Service, you will not:
a. fraudulently impersonate any person or entity ;
b. stalk, threaten, or otherwise harass any person, or carry any weapons;
c. violate any law, statute, ordinance or regulation;
d. interfere with or disrupt the Services or the servers or networks connected to inDrive;
e. post Information or interact on inDrive App or Services in a manner which is false, inaccurate, misleading (directly or by omission or failure to update information), defamatory, libelous, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, or illegal;
f. use the inDrive App or Service in any way that infringes any third party's rights, including but not limited to: intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
g. post, email or otherwise transmit any malicious code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data or personal information;
h. forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through inDrive;
i. modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of Software or any software used on or for inDrive;
j. rent, lease, lend, sell, redistribute, license or sublicense inDrive App and the Site or access to any portion of inDrive;
k. use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, scrape, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of inDrive or its contents;
l. create liability for us or cause us to become subject to regulation as a transportation carrier or provider of taxi service;
m. link directly or indirectly to any other websites;
n. transfer or sell your User account, password and/or identification to any other party; or
o. cause any third party to engage in the restricted activities above.
7. ORDER OF RIDE
7.1. The order can be placed by the passenger using the functionality of the Service. Registration of the Order and ride is carried out by the Users on the terms agreed between them: price of ride, departure address, arrival address, date of transportation, number of passengers and other conditions determined by the Users additionally.
7.2. The Passenger, placing the Order on the Service, determines the address of ride (points A and B), the date and time of ride, the number of passengers, and also indicates the price that is ready to pay for the ride. Several Drivers may respond to the Order and accept the price of the ride or offer their price for the performance of the Order other than that indicated by the passenger. The driver may change the conditions of the ride by making changes to the departure address, arrival address, date of ride, number of passengers. The Passenger shall select the Driver based on their proposed conditions, price, rating of the Driver. The Passenger will select the Driver when the Passenger presses "Accept" to the Driver's offer. After the Order is accepted, the Driver calls with the Passenger to discuss the details of the ride. Upon acceptance of the Order, the Driver and the Passenger shall be deemed to have agreed on all material terms of the ride.
7.3. When filling information on the ride address (including the correct name of the settlement, street (the avenue, the highway, etc.), house number (including the building, structure, ownership, etc.) or at the choice of the relevant address from the available sample, the passenger is obliged to check correctness of the previously specified data.
7.4. The Passenger shall be responsible for completeness, sufficiency and correctness of the data when placing the Order. The Passenger shall bear the risks of the consequences of incorrect indication of the information necessary for the fulfillment of the order, including those leading to the impossibility of the proper execution of the Order.
7.5. The Driver shall accept proposals and carry out rides of Passengers only in the territory of his registration in the Mobile Application. If the Driver transports to a territory other than the territory of his registration in the Mobile Application or accepts the Order of the Passenger not in the territory of his registration, the Administrator does not guarantee that such driver complies with all rules and requirements in the territory of a foreign state.
7.6. The Administrator shall not be responsible for the Driver's improper performance of Clause 7.5. of this License Agreement. The Driver assumes all risks of non-compliance with the requirements of a foreign state in the course of transportation.
8. Confidentiality
8.1. You shall maintain in confidence all information and data relating to inDrive, its services, products, business affairs, marketing and promotion plans or other operations and its associated companies which are disclosed to you by or on behalf of inDrive (whether orally or in writing and whether before, on or after the date of this Agreement) or which are otherwise directly or indirectly acquired by you from inDrive, or any of its affiliated companies, or created in the course of this Agreement (“Confidential Information”). You shall further ensure that you, your officers, employees and agents only use such confidential information in order to perform the Services, and shall not without inDrive's prior written consent, disclose such information to any third-party nor use it for any other purpose. You shall only disclose such information to such officers, employees and agents as need to know it to fulfil its obligations under this Agreement.
8.2. You agree to take all reasonable measures to protect the secrecy of and avoid disclosure or use of Confidential Information of inDrive in order to prevent it from falling into the public domain. Notwithstanding the above, you shall not have liability to inDrive with regard to any Confidential Information which you can prove: was in the public domain at the time it was disclosed by inDrive or has entered the public domain through no fault of yours; was known to you, without restriction, at the time of disclosure, as demonstrated by files in existence at the time of disclosure; is disclosed with the prior written approval of inDrive; becomes known to you, without restriction, from a source other than inDrive without breach of this Agreement by you and otherwise not in violation of inDrive's rights; or is disclosed pursuant to the order or requirement of a court, administrative agency, or other governmental body; provided, however, that you shall provide prompt notice of such court order or requirement to inDrive to enable inDrive to seek a protective order or otherwise prevent or restrict such disclosure.
9. Personal Data Protection
9.1. You agree and consent to inDrive using and processing your Personal Data for the purposes and in the manner as identified hereunder.
9.2. For the purposes of this Agreement, “Personal Data” means information about you, from which you are identifiable, including but not limited to your name, identification card number, address, telephone number, credit or debit card details, gender, date of birth, email address, any information about you which you have provided to inDrive in registration forms, application forms or any other similar forms and/or any information about you that has been or may be collected, stored, used and processed by inDrive from time to time and includes sensitive Personal Information.
9.3. The provision of your Personal Data is voluntary. However, if you do not provide inDrive with your Personal Data, your access to the Application may be incomplete and inDrive will not be able to process your Personal Information for the purposes outlined in our Privacy Policy and this may cause inDrive to be unable to allow you to use the Service.
9.4. You agree that inDrive and/or inDrive.Ride may send you push notifications and emails, contact you by telephone or text messages (including by an automatic telephone dialing system) at any of the phone numbers provided by you or on your behalf in connection with an inDrive account, including for marketing purposes. You understand that you are not required to provide this consent as a condition of purchasing any property, goods or services from inDrive.
9.5. Collection and use of Personal Data in connection with the Services is described in inDrive Privacy Policy located at https://indriver.com/mobile/page/privacyPolicy/en/
10. Indemnification
10.1. By agreeing to the Terms of Use and/or using the Service, you agree that you shall defend, indemnify and hold inDrive, its officers, directors, members, 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) your use of the Service, Software and/or the Application, your dealing with the third party transportation providers, third party providers, partners, advertisers and/or sponsors, or (b) your violation or breach of any of the Terms of Use or any applicable law or regulation, whether or not referenced herein or (c) your violation of any rights of any third party, including third party transportation providers arranged via the Service, or (d) your use or misuse of the Service, Software and/or the Application.
11. Disclaimer of Warranties
11.1. inDrive MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICES, APPLICATION AND/OR THE SOFTWARE. inDrive DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICE, APPLICATION AND/OR THE SOFTWARE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIALS PURCHASED OR OBTAINED BY YOU THROUGH THE APPLICATION WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS IN THE APPLICATION AND/OR THE SOFTWARE WILL BE CORRECTED, OR (F) THE APPLICATION OR THE SERVER(S) THAT MAKE THE APPLICATION AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (G) THE APPLICATION AND/OR THE SOFTWARE TRACKS YOU OR THE VEHICLE USED BY THE TRANSPORTATION PROVIDER. THE SERVICE IS PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS.
11.2. Without limiting the application of consumer protection laws and any other applicable laws, 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 excluded and disclaimed to the highest and maximum extent. inDrive makes no representation, warranty, or guarantee as to the reliability, safety, timeliness, quality, suitability or availability of any services, including but not limited to the freight transportation services obtained by or from Users through the use of the Service, Application and/or the Software. You acknowledge and agree that the entire risk arising out of your use of the Service, and any third party services, including but not limited to the freight transportation services remains solely and absolutely with you and you shall have no recourse whatsoever to inDrive.
11.3. The Service, application and/or the Software may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications including the device used by you or the third party transportation provider being faulty, not connected, out of range, switched off or not functioning. inDrive is not responsible for any delays, delivery failures, damages or losses resulting from such problems.
12. Limitation of Liability
12.1. Any claims against inDrive by you shall in any event be limited to the aggregate amount of all amounts actually paid by and/or due from you in utilising the service during the event giving rise to such claims. IN NO EVENT SHALL inDrive AND/OR ITS LICENSORS BE LIABLE TO YOU OR ANYONE FOR ANY DIRECT, INDIRECT, PUNITIVE, ECONOMIC, FUTURE SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OR LOSSES OF ANY TYPE OR KIND (INCLUDING PERSONAL INJURY, EMOTIONAL DISTRESS AND LOSS OF DATA, GOODS, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE). inDrive AND/OR ITS LICENSORS SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY WHICH MAY BE INCURRED BY OR CAUSED TO YOU OR TO ANY PERSON FOR WHOM YOU HAVE BOOKED THE SERVICE FOR, INCLUDING BUT NOT LIMITED TO LOSS, DAMAGE OR INJURY ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SERVICE, APPLICATION AND/OR THE SOFTWARE, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SERVICE, APPLICATION AND/OR THE SOFTWARE, ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY THIRD PARTY PROVIDER, ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE WEBSITE OR IS REFERRED TO BY THE SERVICE, APPLICATION AND/OR THE SOFTWARE, EVEN IF inDrive AND/OR ITS LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. inDrive does not and will not assess nor monitor the suitability, legality, ability, movement or location of any third party providers including third party transportation providers, advertisers and/or sponsors and you expressly waive and release inDrive from any and all liability, claims or damages arising from or in any way related to the third party providers including third party transportation providers, advertisers and/or sponsors. inDrive will not be a party to disputes, negotiations of disputes between you and such third party providers including third party transportation providers, advertisers and/or sponsors. We cannot and will not play any role in managing payments between you and the third party providers, including third party transportation providers, advertisers and/or sponsors. Responsibility for the decisions you make regarding services and products offered via the service, software and/or the application (with all its implications) rests solely with and on you. You expressly waive and release inDrive from any and all liability, claims, causes of action, or damages arising from your use of the service, software and/or the application, or in any way related to the third parties including third party transportation providers, advertisers and/or sponsors introduced to you by the service, software and/or the application.
12.2. The quality of the third party transportation services scheduled through the use of the service is entirely the responsibility of the third party transportation provider who ultimately provides such transportation services to you. You understand, therefore, that by using the service, you may be exposed to transportation that is potentially dangerous, offensive, harmful to minors, unsafe or otherwise objectionable, and that you use the service at your own risk.
12.3. Third Party Services and Content. The Services may be made available or accessed in connection with third party services and content (including advertising) that inDrive does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third party services and content. inDrive does not endorse such third party services and content and in no event shall inDrive be responsible or liable for any products or services of such third party providers. Additionally, Apple Inc., Google, Inc., and/or their applicable international subsidiaries and affiliates will be third-party beneficiaries to this contract if you access the Services using Applications developed for Apple iOS, Android mobile devices, respectively. These third party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to terms set forth in the applicable third party beneficiary's terms of service.
12.4. If you are accessing the Services from the Apple, Inc. (Apple) iOS Store, you acknowledge and agree:
a. this Agreement is between you and inDrive and not with Apple. Apple is not responsible for the Service or any content available on the Service;
b. Apple has no obligation whatsoever to furnish any maintenance and support services for the Service;
c. In the event of any failure of inDrive to conform to any applicable warranty, you may notify Apple, and Apple will refund the price for the Services. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Services, and any other claims, losses, liabilities, damages, costs of expenses attributable to any failure to conform to any warranty will be inDrive’s responsibility;
d. Apple is not responsible for addressing any claims by you or any third party relating to the Service, including, but not limited to:
(i) product liability claims;
(ii) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and
(iii) claims arising under consumer protection, privacy, or similar legislation;
e. In the event of any third party claim that the Service or your use of the Service infringes any third party’s intellectual property rights, Apple will not be responsible for the investigation, defence, settlement and discharge of any such claim;
f. That you represent and warrant that:
(i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting’” country; and
(ii) you are not listed on any U.S. Government list of prohibited or restricted parties;
g. You must comply with applicable third party terms of this Agreement when using the Service; and
h. Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and that, upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary.
12.5. Network Access and Devices. You are responsible for obtaining the data network access necessary to use the Services. Your mobile network's data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. inDrive does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
12.6. Ratings and Reviews. You may rate and/or provide feedback to drivers and passengers regarding the services you have received and or/provided. Ratings and reviews can be viewed by any user and will remain viewable until the relevant account is removed or terminated. You must only provide true, fair and accurate information in your reviews. If inDrive considers that your review is untrue, unfair, inaccurate, offensive or inappropriate, we may delete the review and/or ban you from posting further reviews. We do not undertake to review each review. To the maximum extent permitted by law, we are not responsible for the content of any reviews.
13. User Provided Content
13.1. inDrive may allow from time to time users to post their own content ("User Provided Content") that may be accessed by other users of the Service. inDrive has no obligation to monitor the User Provided Content or the use of the Service, or to retain the content of any user posted in User Provided Content sections of the Service. You may not provide defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by inDrive in its sole discretion, whether or not such material may be protected by law.
13.2. inDrive does not claim ownership of any User Provided Content. By submitting, posting or displaying the User Provided Content, you hereby grant inDrive a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any User Provided Content which you submit, post or display on or through, our website or the Application. This license is for the sole purpose of enabling inDrive to provide the Service, display, publicly perform, distribute and promote the User Provided Content and to operate its Application and website.
13.3. inDrive reserves the right, in its sole and absolute discretion, to modify or delete any User Provider Content or any other information, stored or posted to the website or to the Application.
13.4. inDrive does not assume any responsibility for the contents of the User Provided Content. Users are prohibited from disclosing any Personal Information other than their own. Users can not disclose any sensitive data. Disclosure of sensitive data can make the User liable for civil remedies and may in some cases be subject to criminal penalties under applicable law.
14. Governing Law
14.1. These Agreement, your rights and the rights of inDrive within this Agreement shall be governed by and construed in accordance with the law of England and Wales.
14.2. All parties irrevocably agree that the London Court of International Arbitration (LCIA Court) shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this Agreement or its subject matter or formation.
15. Notice
15.1. inDrive may give notice by means of a general notice on the Application, electronic mail to your email address in the records of inDrive, or by written communication sent by registered mail or pre-paid post to your address in the record of inDrive. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by registered mail or pre-paid post) or 1 hour after sending (if sent by email). You may give notice to inDrive (such notice shall be deemed given when received by inDrive) by letter sent by courier or registered mail to inDrive using the contact details as provided in the Application.
16. Assignment
16.1. The agreement as constituted by the Terms of Use as modified from time to time may not be assigned by you without the prior written approval of inDrive but may be assigned without your consent by inDrive. Any purported assignment by you in violation of this section shall be void.
17. General Provisions
17.1. No waiver of any term of the Agreement shall be deemed a further or continuing waiver of such term or any other term, and any failure to assert any right or provision under the Agreement shall not constitute a waiver of such term. If for any reason a court of competent jurisdiction finds any provision or portion of this Agreement to be unenforceable, then such provision or portion shall be construed, as nearly as possible, to reflect the original provision, and the remainder of the Agreement will continue in full force and effect. The Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. The section titles in the Agreement are used solely for convenience and have no legal or contractual significance. No provision of the Agreement shall be construed against the owners of this site but rather shall be construed in a neutral and fair manner as terms entered into by a fully-informed party on a voluntary basis. The terms of the Agreement, which by their nature should survive the termination of the Agreement, shall survive such termination. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and shall not be deemed to limit or affect any of the provisions hereof. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms or use of the Site, the App or the Services. You further acknowledge that by submitting User Submissions or other Content, no confidential, fiduciary, contractually implied or other relationship is created between you and Us other than pursuant to these Terms.
17.2. We may give notice to you by email, a posting on the website, or other reasonable means. You must give notice to us in writing via email or as otherwise expressly provided.
18. Class Action Waiver
18.1. By voluntarily accepting this Agreement, you agree that in its entirety as provided by the applicable law, a lawsuit or arbitration proceedings related to this Agreement are carried out exclusively on a case- by-case basis, and no disputes arising from collective claims or representative actions on behalf of third parties shall be considered.
18.2. Disputes cannot be consolidated without the written consent of all parties. No decision or determination of a court or an arbitrator will have a prejudicial force over the issues or claims regarding any disputes with persons who are not the declared parties to such arbitration proceedings.
This means the following:
a. You agree that you cannot make a claim as a plaintiff or a participant in a class action, a consolidated action or a representative action.
b. The parties agree that an arbitrator or a court shall not consolidate the claims of more than one person into a single lawsuit, and shall not conduct arbitration or action proceedings of a consolidated, collective or representative nature (unless all parties agree to change this provision).
c. The parties agree that the decision or determination of an arbitrator or a court in the event of a single person claim can only affect the person who filed this lawsuit, but not other persons, and cannot be used to resolve other disputes with other plaintiffs.
19. Termination
19.1. You are free to terminate your inDrive account at any time by contacting support@inDrive.com. Please refer to our Privacy Policy as well as the Terms herein, to understand how we treat information you provide to us after you have stopped using our Services.
19.2. inDrive is also free to terminate (or suspend access to) your use of the Services or your account, for any reason in our sole discretion, including your breach of these Terms. inDrive has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.
If you have any questions about the quality of the Service please contact us by email: support@inDrive.com
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