This Agreement governs your use of the 247driver application, website, call centre and technology platform (collectively, the “247driver Platform”). In many jurisdictions, the right to operate the 247driver Platform is licensed by 247driver (Pacecom techonologies Pvt Ltd.). to its relevant Affiliates, and the relevant Affiliate in your jurisdiction provides you the right to access and use the 247driver Platform in your jurisdiction. Where no Affiliate exists in your jurisdiction but use of the 247driver Platform is available to you, the right to access and use the 247driver Platform will be provided to you by 247driver (Pacecom Techonologies Pvt Ltd.).
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING THE 247DRIVER PLATFORM. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT USE OR ACCESS THE 247DRIVER PLATFORM.
Your access and use of the 247driver Platform constitutes your agreement to be bound by this Agreement, which establishes a contractual relationship between you and 247driver. 247driver may immediately terminate this Agreement with respect to you, or generally cease offering or deny access to the 247driver Platform or any portion thereof, at any time for any reason without notice.
247driver may amend this Agreement from time to time. Amendments will be effective upon 247driver’s posting of an updated Agreement at this location. Your continued access or use of the 247driver Platform after such posting constitutes your consent to be bound by this Agreement, as amended.
Our collection and use of personal information in connection with the 247driver Platform is as provided in 247drives Privacy Policy located at https://www.247driver.in. 247driver may provide to a claims processor or an insurer any necessary information (including your contact information) if there is a complaint, dispute or conflict, which may include an accident, involving you and a third party provider and such information or data is necessary to resolve the complaint, dispute or conflict.
The 247driver Platform provides a digital transportation network which functions as a marketplace where persons who seek driver service to certain destinations (“Users”) can be matched with persons / driver in those destinations (“Captains”). Each User shall create a User account that enables access to the 247driver Platform. For purposes of this Agreement, the Driver Services provided by Captains to Users that are matched through the 247driver Platform shall be referred to collectively as the “Driver Services”. Any decision by a User to accept Driver Services is a decision made in such User’s sole discretion. Each transportation Driving Service provided by a Captain to a User shall constitute a separate agreement between such persons.
Subject to your compliance with this Agreement, 247driver grants you a limited, non-exclusive, non-sub-licensable, revocable, non-transferrable license to: (i) access and use the 247driver Platform on your personal device solely in connection with your use of the 247driver Platform; and (ii) access and use any content, information and related materials that may be made available through the 247driver Platform, in each case solely for your personal, non-commercial use. Any rights not expressly granted herein are reserved by 247driver and 247driver’s licensors.
The 247driver Platform may be made available or accessed in connection with third party services and content (including advertising) that 247driver 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. 247driver does not endorse such third party services and content and in no event shall 247driver 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 247driver Platform using applications developed for Apple iOS or Android-powered mobile devices, respectively. These third party beneficiaries are not parties to this contract and are not responsible for the provision or support of the 247driver Platform in any manner. Your access to the 247driver Platform using these services or applications is subject to terms set forth in the applicable third party beneficiary’s terms of service.
The 247driver Platform and all rights therein are and shall remain 247driver’s property or the property of 247driver’s licensors. Neither this Agreement nor your use of the 247driver Platform convey or grant to you any rights: (i) in or related to the 247driver Platform except for the limited license granted above; or (ii) to use or reference in any manner 247driver’s company names, logos, product and service names, trademarks or services marks or those of 247driver’s licensors.
In order to use most aspects of the 247driver Platform, you must register for and maintain an active personal User account (“Account”). You must be at least 18 years of age to obtain an Account. Account registration requires you to submit to 247driver certain personal information, such as your name, address, mobile phone number and age. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information may result in your inability to access and use the 247driver Platform, including your ability to request access to your personal information or to opt in or out of marketing preferences, or 247driver’s termination of this Agreement with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by 247driver in writing, you may only possess one Account.
The 247driver Platform is not available for use by persons under the age of 18 and may only be used by individuals who can form legally binding contracts under applicable law. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive driver services from Captains unless they are accompanied by you or another adult. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the 247driver Platform, and you may only use the 247driver Platform for lawful purposes. You will not, in your use of the 247driver Platform, cause nuisance, annoyance, inconvenience, or property damage, whether to a Captain, other third party provider or any other party. In certain instances you may be asked to provide proof of identity to access or use the 247driver Platform, and you agree that you may be denied access to or use of the 247driver Platform if you refuse to provide proof of identity. For more datils visit our Privacy Policy located at https://www.247driver.in.
247driver, in its sole discretion, may make promotions available to any User or potential User. These promotions, unless made to you, shall have no bearing whatsoever on your Agreement or relationship with 247driver. Promotions will in many cases be made available to you via alpha numeric codes (“Promo Codes”). 247driver reserves the right to withhold or deduct credits or benefits obtained through a promotion in the event that 247driver determines or believes that the redemption of the promotion or receipt of the credit or benefit was in error, fraudulent, illegal, or in violation of the applicable promotion terms or this Agreement.
You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by 247driver; (iii) may be disabled by 247driver at any time for any reason without liability to 247driver; (iv) may only be used pursuant to the specific terms that 247driver establishes for such Promo Code; (v) are not valid for cash; (vi) may expire prior to your use and (vii) 247driver may establish additional terms relating to specific promotions. 247driver reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that 247driver determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or this Agreement.
As part of your User account, 247driver may provide you with or allow you to create a “247driver Code,” a unique alphanumeric code for you to distribute to friends, family and other persons (each a “Referred User”) to become new Users (“Referred Users”) or Captains (“Referred Captains”). 247driver Codes may only be distributed for promotional purposes and must be given away free of charge. You may not sell, trade, or barter your 247driver Code. You are prohibited from advertising 247driver Codes, including but not limited to: Google, Facebook, Twitter, Bing and Craigslist. 247driver reserves the right to deactivate or invalidate any 247driver Code at any time in 247driver’s sole discretion.
You may receive credits ("247driver Credits") or trip discounts ("Trip Discounts") that you can apply toward payment of certain charges upon completion of a trip. 247driver Credits and Trip Discounts are only valid for use on the 247driver Platform, and are not transferable or redeemable for cash. 247driver Credits and Trip Discounts cannot be combined, and if the cost of your ride exceeds the applicable credit or discount value we will charge your payment method on file for the outstanding cost of the trip. Additional restrictions on 247driver Credits and Trip Discounts may apply as communicated to you in a relevant promotion. 247driver may cancel, or vary the terms, relating to any 247driver Credits or Trip Discounts at any time in its sole discretion.
From time to time, 247driver may offer you incentives to refer new Users to the 247driver community (the “Referral Program”). These incentives may come in the form of 247driver Credits and/or Trip Discounts, and 247driver may set or change the incentive types, amounts, terms, restrictions, and qualification requirements for any incentives in its sole discretion.
By becoming a User, you agree to receive communications from us, including via e-mail, text message, calls, and push notifications. You agree that texts, calls or pre-recorded messages may be generated by automatic telephone dialling systems (where allowed by and in compliance with local law). Communications from 247driver, its affiliated companies and/or Captains, may include but are not limited to: operational communications concerning your User account or use of the 247driver Platform or Driver Services, updates concerning new and existing features on the 247driver Platform, communications concerning promotions run by us or our third- party partners, and news concerning 247driver and industry developments. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send. If you no longer wish to receive promotional or marketing-related communications by text message, please contact info@247driver.in and/or review the Privacy Policy for further information.
As a User, you agree to pay the amounts charged by 247driver (the “247driver Fee”) and amounts charged by Captains for providing Driver Services to you (“Trip Charges”).
After you have received Driver Services from a Captain, 247driver: (i) may facilitate your payment of the applicable Trip Charges on behalf of the Captain as such Captain’s limited payment collection agent and (ii) may collect any applicable 247driver Fee directly from you or, in the case of a cash payment, from the relevant Captain. Payment of the Trip Charges and 247driver Fee in the above manner shall in all cases be considered the same as payment made directly by you to the Captain or to 247driver, as applicable. Trip Charges and 247driver Fees will be inclusive of applicable taxes where required by law. Trip Charges and 247driver Fees paid by you are final and non-refundable, unless otherwise determined by 247driver. You retain the right to request lower Trip Charges from a Captain for Driver Services received by you from such Captain at the time you receive such Driver Services (but not after the Driving Service is underway or completed). 247driver will respond accordingly to any request from a Captain to modify the Trip Charges for a particular Driving Service.
All Trip Charges and 247driver Fees are due immediately and payment will be facilitated by 247driver using the preferred payment method designated in your Account, after which 247driver will send you a receipt by email. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that 247driver may, on its own behalf, and as the Captain’s limited payment collection agent, use a secondary payment method in your Account, if available.
As between you and 247driver, 247driver reserves the right to establish, remove and/or revise 247driver Fees at any time in 247driver’s sole discretion. Trip Charges may also be varied or revised at any time without your consent. Further, you acknowledge and agree that Trip Charges and 247driver Fees applicable in certain geographical areas may increase substantially during times of high demand. 247driver will use reasonable efforts to inform you of Trip Charges and 247driver Fees that may apply, provided that you will be responsible for Trip Charges and 247driver Fees incurred under your Account regardless of your awareness of such Trip Charges or 247driver Fees, as applicable, or the amounts thereof.
With respect to your use of the 247driver Platform and your participation in the Driver Services, you agree that you will not: (i) impersonate any person or entity (ii) stalk, threaten, or otherwise harass any person, or carry any weapons (iii) violate any law, statute, rule, permit, ordinance or regulation (iv) interfere with or disrupt the Driver Services or the 247driver Platform or the servers or networks connected to the 247driver Platform (v) post information or interact on the 247driver Platform or Driver 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 (vi) use the 247driver Platform 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 (vii) 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 (viii) forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the 247driver Platform (ix) “frame” or “mirror” any part of the 247driver Platform, without our prior written authorization or use meta tags or code or other devices containing any reference to us in order to direct any person to any other web site for any purpose (x) modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of the 247driver Platform or any software used on or for the 247driver Platform (xi) rent, lease, lend, sell, redistribute, license or sublicense the 247driver Platform or access to any portion of the 247driver Platform (xii) 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 the 247driver Platform or its contents (xiii) link directly or indirectly to any other web sites (xiv) transfer or sell your User account, password and/or identification to any other party (xv) discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation (xvi) cause any third party to engage in the restricted activities above.
THE 247DRIVER PLATFORM AND DRIVER SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” 247DRIVER DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THIS AGREEMENT, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, 247DRIVER MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE 247DRIVER PLATFORM, DRIVER SERVICES OR ANY OTHER SERVICES REQUESTED THROUGH THE USE OF THE 247DRIVER PLATFORM, OR THAT THE 247DRIVER PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE. 247DRIVER AND ITS AFFILIATES DO NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY DRIVER SERVICES OR ABILITY OF CAPTAINS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE 247DRIVER PLATFORM AND DRIVER SERVICES, AND ANY SERVICE REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
247driver and its Affiliates are not responsible for the conduct, whether online or offline, of any User or Captain using the 247driver Platform or undertaking Driver Services. You are solely responsible for your interactions with other Users or with Captains. We do not procure insurance for, nor are we responsible for, personal belongings left in the car by Captains or Users. By using the 247driver Platform and participating in the Driver Services, you agree to accept such risks and agree that 247driver is not responsible for the acts or omissions of Users or Captains on the 247driver Platform or participating in the Driver Services.
247driver and its Affiliates expressly disclaim any liability arising from the unauthorized use of your User account. Should you suspect that any unauthorized party may be using your User account or you suspect any other breach of security, you agree to notify us immediately.
Location data provided by the 247driver Platform is for basic location purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither 247driver, nor its Affiliates nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of location data tracked or displayed by the 247driver Platform. Any of your information, including geolocational data, you upload, provide, or post on the 247driver Platform may be accessible to 247driver and relevant Captains.LIMITATION OF LIABILITY.
247DRIVER SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE 247DRIVER PLATFORM OR DRIVER SERVICES, EVEN IF 247DRIVER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 247DRIVER SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE 247DRIVER PLATFORM OR THE DRIVER SERVICES OR YOUR INABILITY TO ACCESS OR USE THE 247DRIVER PLATFORM OR THE DRIVER SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY CAPTAIN OR OTHER THIRD PARTY PROVIDER, EVEN IF 247DRIVER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 247DRIVER SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND 247DRIVER’S REASONABLE CONTROL. YOU ACKNOWLEDGE THAT CAPTAINS PROVIDING DRIVER SERVICES MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED. IN NO EVENT SHALL 247DRIVER’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE 247DRIVER PLATFORM OR THE DRIVER SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION.
THE 247DRIVER PLATFORMMAY BE USED BY YOU TO REQUEST AND SCHEDULE DRIVER SERVICE BUT YOU AGREE THAT 247DRIVER HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION SERVICES PROVIDED TO YOU BY CAPTAINS OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT.THE LIMITATIONS AND DISCLAIMER IN THIS SECTION 6 DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
247DRIVER AND ITS AFFILIATES SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE 247DRIVER PLATFORM OR DRIVER SERVICES, EVEN IF 247DRIVER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 247DRIVER AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE 247DRIVER PLATFORM OR THE DRIVER SERVICES OR YOUR INABILITY TO ACCESS OR USE THE 247DRIVER PLATFORM OR THE DRIVER SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY CAPTAIN OR OTHER THIRD PARTY PROVIDER, EVEN IF 247DRIVER OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 247DRIVER AND ITS AFFILIATES SHALL NOT BE LIABLE. ASIDE FROM ANY INDIVIUAL ILLICIT INCRIMINATION THAT ACCURES TO THE CAPTAIN BASED ON THE MOTOR VEHICLE ACT AND REGULATION/GUIDELINE, YOU TAKE ACCOUNTABILITY FOR PERMITTING THE DRIVER TO TAKE CHARGE OF THE VEHICLE. ANY LOSS TO THE VEHICLE SHALL BE BOURNED BY THE CLIENT AND 247DRIVER WILL ONLY ORGANIZE FOR ANY INSURANCE REPORTS AND HELP THE CLIENT IN INITATING THE CLAIM PROCESS. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES WHICH WILL RESULT FROM OR IS ALLEGED AS A RESULT OF THE CONDITION OF YOUR VEHICLE, LEGAL COMPLIANCE ETC., INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURIES, DEATH AND PROPERTY DAMAGES.
This Agreement is governed by and construed in accordance with the laws of the jurisdiction in which the relevant Affiliate is incorporated, without giving effect to any conflict of law principles, except as may be otherwise provided in supplemental terms applicable to your region.
Claims of copyright infringement should be sent to 247driver at info@247driver.in
247driver may give notice by means of a general notice on the 247driver Platform, electronic mail to your email address in your Account, or by written communication sent to your address as set forth in your Account. You may give notice to 247driver by written communication to 247driver's email address at info@247driver.in.
You may not assign or transfer your rights under this Agreement in whole or in part without 247driver’s prior written approval. You give your approval to 247driver for it to assign or transfer its rights and obligations under this Agreement in whole or in part, including to: (i) a subsidiary or affiliate; (ii) an acquirer of 247driver’s equity, business or assets; or (iii) a successor by merger. No joint venture, partnership, employment or agency relationship exists between you, 247driver or any Captain as a result of the contract between you and 247driver or use of the 247driver Platform.
If any provision of this Agreement is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of this Agreement but the legality, validity and enforceability of the other provisions in this Agreement shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of this Agreement. This Agreement constitutes the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter.
