Last updated: 2018-10-18

DRIVR - PASSENGER TERMS OF USE

These terms of use (hereinafter referred to as the “Passenger Terms”) govern your (hereinafter referred to as “you”,”your”, “Passenger”) access or use of the DRIVR services and products - including, but not limited to - transportation service, software applications, websites. In these Passenger Terms, the words “including” and “include” mean “including, but not limited to”. In these Passenger Terms, the words “we”, “us” and “ours” refer to DRIVR. “App” means the software application and related services provided by DRIVR to you pursuant to terms and conditions set in these Passenger Terms. “Website” shall mean www.drivr.com.

PLEASE READ THESE PASSENGER TERMS CAREFULLY, AS THEY (TOGETHER WITH THE DOCUMENTS REFERRED TO HEREIN) CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND DRIVR.

The Service (as defined in 2.1 below) is supplied by Drivr Technologies ApS (registration number: 38942182), a corporation situated at Gammel Køge Landevej 119, 2. th. 2500 Valby, Denmark (hereinafter referred to as the “DRIVR”).

Welcome to DRIVR 1.1 These Passenger Terms apply between you and DRIVR in relation to the provision of the Service (as defined in clause 2.1 below) from such time as you register and set up an account with DRIVR. 1.2 It is important that you read and understand the Passenger Terms before using the Service (as defined in clause 2.1 below). By using and accessing the Service, you agree to these Passenger Terms. If you do not agree to these Passenger Terms, please do not use the Service.
DRIVR Services 2.1 DRIVR operates a free platform (the “Service”) that allows you to request, book and pay for passenger transportation services (the “Ride”, “Rides”) using the DRIVR software application (the “App”) available for download on your mobile device and for licensed drivers (“Drivers”) to provide the Rides to you. 2.2 When you submit a booking request for Rides through the App, DRIVR will process your request and may accept your booking (depending on your location and payment history) for the purpose of finding and allocating you a Driver willing and able to fulfil your Ride request. 2.3 Once an individual Driver confirms that they will complete your Ride, you will enter into a separate agreement with the Driver for the provision of the Ride on such terms and conditions as you agree with the Driver. DRIVR does not provide Rides and is not a party to your agreement with the relevant Driver. 2.4 You may cancel your booking request for a Ride any time before you begin your Ride by informing the Driver through the applicable functionality available on the Service. However, if you: (a) cancel your booking request more than 5 minutes after your Ride was successfully allocated by DRIVR to a Driver; or (b) are late to meet your Driver at the pick-up location at time you selected on the App, Drivr Technologies ApS may charge you a cancellation fee of 50 kr.on behalf of the Driver. 2.5 DRIVR may, from time to time, provide social features on the Service, such as the ability to contact, rate and review the Driver. Any use of such social features should comply with our Rules of Acceptable Use below.
Accessing the Service 3.1 To access the Service, you must: (a) download the App on your mobile device (the App is free from either the Google App Store or the Apple App Store); (b) accept these Passenger Terms and any relevant App store terms; (c) be at least 18 years old; (d) treat your driver with respect, courtesy and decency – as you would expect to be treated as a Passenger; and (e) register and set up a DRIVR account with an email address and password (your “Account”). 3.2 You may connect to the Service using a third-party service (e.g. LinkedIn, Google, Facebook or Twitter) and you give DRIVR permission to access and use your information from that service as permitted by that service and as set out in DRIVR’s Privacy Policy (https://content.drivr.com/dk/en/legal/2018/05/12/privacy-policy.html). 3.3 You must provide Drivr Technologies ApS with valid and up-to-date credit or debit card details in order to use your Account to utilise the Service. You authorise Drivr Technologies ApS to charge such credit or debit card for the Fares incurred via your Account and hereby confirm that the details you provide are accurate and that you have the right to use the credit or debit card provided. 3.4 You are responsible for maintaining the confidentiality of your login details and any activities that occur under your Account. If you have any concerns that your Account may have been misused, you should contact DRIVR at support@drivr.com straight away to let DRIVR know. 3.5 Your privacy is important to DRIVR and Drivr Technologies ApS. You should read the Privacy Policy (https://content.drivr.com/dk/en/legal/2018/05/12/privacy-policy.html) to understand how DRIVR and Drivr Technologies ApS collect, use and share information about you.
Your right to use the Service 4.1 As long as you comply with these Passenger Terms, DRIVR agrees to grant you a royalty free, revocable, non-exclusive, right to access and use the Service in accordance with these Passenger Terms, the Privacy Policy (https://content.drivr.com/dk/en/legal/2018/05/12/privacy-policy.html) and the applicable app-store terms (incorporated into these Passenger Terms by reference). You may not transfer or sub-license this right to use the Services. 4.2 Unless allowed by these Passenger Terms and as permitted by the functionality of the Service, you agree: (a) not to copy the App or any portion of the Service; (b) not to give or sell or otherwise make available our App or any portion of the Service to anybody else; (c) not to change the App or any portion of the Service in any way; and (d) not to look for or access the code of the App or any portion of the Service that DRIVR has not expressly published publicly for general use. 4.3 You agree that you have no rights in or to the App or any portion of the Service other than the right to use them in accordance with these Passenger Terms. 4.4 All intellectual property rights in the Service, its content and any related documentation existing anywhere in the world belong to DRIVR or its licensors (and are protected by copyright and/or trade secret laws and other international treaty provisions) and may not be copied, distributed, uploaded, republished, decompiled, disassembled or transmitted in any way without DRIVR’s prior written consent. You will not have any rights of ownership in the Service, its content or any related documents other than the right to use it in accordance with these Passenger Terms.
Taking a Ride 5.1 By requesting to book a Ride which is accepted by DRIVR, you agree to enter into a further agreement with your Driver to take (or to authorise another person to take) and pay for the Ride you have requested. 5.2 You acknowledge that while undertaking the Ride: (a) your Driver may take any reasonable route to your requested destination and DRIVR does not set any route restrictions; (b) you may amend your route in consultation with your Driver; (c) an extraordinary situation (such as mechanical breakdown or civil emergencies) may result in your Driver being unable to complete your Ride; (d) you will not consume or carry drugs or alcohol in the vehicle; (e) you will not carry or use weapons in the vehicle; or (f) you will not use, incite or encourage violence, racism or discrimination in any form. 5.3 You agree that while you are a Passenger of any Ride you will treat your Driver with respect, courtesy and decency – as you would expect to be treated as a Passenger. Any failure to abide by these Passenger Terms may affect your ratings, entitle DRIVR to suspend or terminate your access to the Service or may be escalated to DRIVR or the relevant authorities. 5.4 DRIVR expects a high standard of service and professionalism from the Drivers. Please let us know at support@drivr.com or through the App if you have not had a satisfactory Ride.
Fares and payment 6.1 In order for DRIVR to provide payment services as part of the App, it contracts with Drivr Technologies ApS to provide those services. Drivr Technologies ApS processes all payments in relation to the App, including invoicing, taking payment from you, refunding Passengers (where appropriate) and remitting payment to Drivers (“Payment Services”). 6.2 Once a Driver has completed your Ride, Drivr Technologies ApS will charge you a fare on behalf of the Driver for each completed Ride taken through the Service (“Fare”). The Fare will be determined by the Software, having regard to the actual journey time, any peak pricing and distance travelled. 6.3 As part of your request for a Ride, the App will provide you with an estimate of the fare you will be charged for the provision of the Ride (the “Estimate”). This Estimate is provided for your reference only and the actual Fare may vary due to journey time, distance travelled, any changes agreed with your Driver or any peak pricing. 6.4 Once you have completed a Ride, Drivr Technologies ApS (or its authorised payment agent) shall invoice you on behalf of the Driver and charge your nominated credit or debit card for the amount of the Fare. Drivr Technologies ApS will then create a receipt on behalf of your Driver setting out the route, Fare, time and other relevant information relating to that particular Ride. 6.5 If, due to no fault of Drivr Technologies ApS or its Service, Drivr Technologies ApS is unsuccessful in charging a Fare or any other amount to your credit or debit card, DRIVR will inform you and DRIVR may suspend or temporarily disable all or part of your access to the Service (without any responsibility to you), and DRIVR shall be under no obligation to provide any or all of the Service while the amount concerned is unpaid. This does not affect any other rights and remedies available to either DRIVR or Drivr Technologies ApS (as the Payment Services provider). 6.6 When a transport service request is cancelled after certain time period you are required to pay a cancellation fee of 20,00 (twenty) DKK.
Apple App Store Provisions 7.1 This clause 7 applies where the App has been acquired from the Apple App Store. 7.2 In addition to these Passenger Terms, you also agree that: (a) the Passenger Terms are solely between you, Drivr Technologies ApS and DRIVR, not Apple, Inc. (“Apple”) and that Apple has no responsibility for the App or its content. Your download and use of the App must comply with the Apple App Store Terms of Service; (b) the license granted to you to use the App is limited to a non-transferable license to use the App on the mobile operating system product that you own or control as part of your device and as permitted by the Usage Rules set forth in Apple’s App Store Terms of Service; (c) Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App; (d) in the event of any failure of the App to conform to any applicable warranty you may notify Apple, and Apple will refund the purchase price (if any) for the App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by the Passenger Terms and any law applicable to DRIVR as provider of the App; (e) DRIVR, not Apple, are responsible for addressing any claims of yours or any third party relating to the App including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, and all such claims are governed solely by the Passenger Terms and any law applicable to DRIVR as provider of the App; (f) in the event of any third-party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, DRIVR, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim to the extent required by the Passenger Terms; (g) 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 you are not listed on any U.S. Government list of prohibited or restricted parties; (h) you must comply with any applicable third party terms when using the App; and (i) Apple, and Apple’s subsidiaries, are third-party beneficiaries of the Passenger Terms as relates to your license of the App, and that, upon your acceptance of the Passenger Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Passenger Terms as relates to your license of the App against you as a third-party beneficiary thereof. 7.3 If there is any conflict between these Passenger Terms and the Apple App Store terms of service, the Apple App Store terms of service shall take priority. 7.4 You may only use the App on any Apple-branded products which you own or control and only as permitted by the usage rules in the Apple App Store terms of service, except that the App may be accessed and used by other accounts associated with you via family sharing (where permitted by the Apple App Store).
Google Play Store Provisions 8.1. This clause 8 applies where the App has been acquired from the Google Play Store. In addition to these Passenger Terms, you also agree: (a) to comply with any applicable terms of service of the third party provider of your device as well as Google, Inc’s (“Google”) Play Store Terms of Service; (b) that Google has no responsibility to undertake, or handle, support and maintenance of the App, and any complaints about your App. (c) Google has no responsibility or liability to you with respect to the App; (d) you acknowledge and agree that Google is a third-party beneficiary to the Passenger Terms as it relates to the App; and (e) you must comply with all domestic and international export laws and regulations that apply to you and your use of the App.
Your content 9.1 You confirm that any text, images or any other information that you provide to DRIVR whilst using the Service (“User Content”) will meet the Rules of Acceptable Use (as defined in clause 10 below). 9.2 DRIVR does not claim ownership in your User Content and ownership will remain with you (or the relevant third party owner). You grant DRIVR a worldwide, non-exclusive, royalty-free and perpetual licence to use, copy, reproduce, distribute, adapt, re-format, modify, publish, translate, license, sub-license, and exploit the User Content anywhere and in any form for the purposes of providing the Service (including, where applicable, allowing other users to view your User Content). 9.3 You must ensure that you are able to grant us the above licence for any content owned by a third party that you include in your User Content. 9.4 Our right to use your User Content does not in any way affect your privacy rights. Please see the Privacy Policy (https://content.drivr.com/dk/en/legal/2018/05/12/privacy-policy.html) which provides information on how Drivr Technologies ApS and DRIVR use your personal information. 9.5 The Service makes available third party content, such as User Content. DRIVR is not responsible for any such content in any way, but may monitor User Content and reject, refuse or delete any User Content where DRIVR considers that it breaches any of the Rules of Acceptable Use.
Rules of Acceptable Use 10.1 In addition to the other requirements within these Passenger Terms, this section describes specific rules that apply to your use of the Service (the “Rules of Acceptable Use”). 10.2 When using the Service (including, where relevant, the Ride) you must not: (a) circumvent, disable or otherwise interfere with any security related features of the Service; (b) permit another person to use the Service on your behalf unless such person is authorised by you; (c) use the Service if DRIVR has suspended or banned you from using it; (d) advocate, promote or engage in any illegal or unlawful conduct or conduct that causes damage or injury to any person or property; (e) modify, interfere, intercept, disrupt or hack the Service; (f) misuse the Service by knowingly introducing viruses, trojans, worms, logic bombs or other material which would harm the Service or any user of the Service’s own equipment; (g) collect any data from the Service other than in accordance with these Passenger Terms; (h) submit or contribute any User Content that contains nudity or violence or is abusive, threatening, obscene, misleading, untrue or offensive; (i) submit or contribute any User Content that you do not own or have the right to use or otherwise infringe the copyright, trademark or other rights of third parties; (j) use any User Content in violation of any licensing terms specified by the owner; (k) submit or contribute any information or commentary about another person without that person’s permission; (l) threaten, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety or be likely to harass, upset, embarrass, alarm or annoy any other person; or (m) use any automated system, including without limitation “robots”, “spiders” or “offline readers” to access the Service in a manner that sends more request messages to the Service than a human can reasonably produce in the same period of time. 10.3 Failure to comply with Rules of Acceptable Use constitutes a serious breach of these Passenger Terms, and may result in DRIVR taking all or any of the following actions (with or without notice): (a) immediate, temporary or permanent withdrawal of your right to use the Service; (b) immediate, temporary or permanent removal of any User Content; (c) issuing of a warning to you; (d) legal action against you including proceedings for reimbursement of all costs (including, but not limited to, reasonable administrative and legal costs) resulting from the breach; or (e) disclosure of such information to law enforcement authorities as DRIVR reasonably feel is necessary. 10.4 The responses described in paragraph 10.3 are not limited, and DRIVR may take any other action DRIVR reasonably deems appropriate.
Ending our relationship 11.1 If at any time you do not feel that you can agree to these Passenger Terms or any changes made to the Passenger Terms or the Service, you must immediately uninstall the App and stop using the Service. 11.2 If you would like to delete your Account, please email DRIVR at into@drivr.com or let us know using the communication feature in the Service. 11.3 DRIVR may immediately end your use of the Service if you breach these Passenger Terms or DRIVR considers it necessary to protect the integrity of DRIVR or the safety of DRIVR staff or its affiliated Drivers. 11.4 DRIVR may withdraw the Service as long as DRIVR gives you reasonable notice that it plans to do this. 11.5 If the relationship is terminated or DRIVR withdraws the Service as described in this section, DRIVR may delete your User Content or any other information it holds about you. You will also lose any rights you have to use the Service or to access any content provided by us under the Service, any content provided by Drivers or your User Content. DRIVR will not offer you compensation for any resulting losses. 11.6 The termination of your use of the Service and the cancellation of your Account shall not affect any of your obligations to pay any sums due to Drivr Technologies ApS.
Our liability/responsibility to you 12.1 Nothing set out in these Passenger Terms purports to limit liability or restrict your rights as a consumer that cannot be so limited or restricted under the applicable law. 12.2 All Drivers undergo verification, training and checks before they are able to be affiliated with DRIVR and provide Rides to you through the App. However, you acknowledge that riding in vehicles is inherently dangerous and DRIVR (and/or any of its affiliates) has no liability or responsibility to you in relation to any Ride provided by Drivers. 12.3 The Service, its content and functionality, are provided on an “as is” and “as available” basis, and, to the fullest extent permitted by law, DRIVR and its affiliate companies make no promises, whether express or implied, with respect to the Service, its content or functionality. 12.4 DRIVR and its affiliate companies do not make any promise that access to the Service will be uninterrupted or error free. DRIVR makes no representation, warranty or guarantee regarding the reliability, timeliness, suitability or quality of the Service. To the maximum extent permitted under applicable law, you agree to accept sole responsibility for any risk arising out of your use of the Service or any Ride contracted for through the Service. 12.5 To the maximum extent permitted under applicable law, DRIVR and/or any of its affiliate companies, representatives, directors and employees are not liable for any loss or damage that you may incur under, or in connection with, these Passenger Terms or as a result of using, or relying on, the Service (including any Ride contracted for through the App), including but not limited to: (a) any direct or indirect property damage or monetary loss; (b) loss or inaccuracy of data; and (c) any other type of indirect, special or consequential loss or damage. Your indemnity of DRIVR and Drivr Technologies ApS. 12.6 You agree to fully indemnify and hold DRIVR and Drivr Technologies ApS, their affiliate companies, representatives, employees and directors harmless from any claims or losses (including liabilities, damages, costs and expenses of any nature) that they suffer as a result of your use of the Service (including the Rides you obtain through your use of the Service), including those claims or losses result from: (a) your breach of these Passenger Terms or documents incorporated by reference; (b) your violation of any law or the rights of a third party, including, without limitation, the Driver, your co-passengers, other motorists, and pedestrians, as a result of your interaction with such third party; or (c) DRIVR’s use of your User Content or any allegation that your User Content infringes or otherwise violates the rights (including intellectual property rights) of any third party.
Resolving disputes 13.1 If you have a dispute with DRIVR or Drivr Technologies ApS relating to the Service or payment processing, including disputing a Fare, in the first instance please contact support@drivr.com and attempt to resolve the dispute with DRIVR or Drivr Technologies ApS (as applicable) informally. 13.2 In the unlikely event that the parties have not been able to resolve a dispute informally, DRIVR will discuss and agree with you the most effective way of resolving the dispute.
General 14.1 Enforceability and waiver: If any provision of these Passenger Terms is held to be unenforceable, the parties shall substitute for the affected provision an enforceable provision that approximates the intent and economic effect of the affected provision. The failure or delay by either party to enforce any term of the Passenger Terms shall not be deemed a waiver of such term. 14.2 Amendments: (a) In order to ensure that DRIVR is a market leader, it is constantly updating and improving the Service. This may include updating or deleting certain elements of the Service and this may impact on your use of the Service or your User Content. If DRIVR make any changes to the Service, your continued use will be deemed acceptance of the changes. You may stop using the Service at any time. (b) DRIVR may from time to time also amend these Passenger Terms. DRIVR will normally notify you in advance before the new Passenger Terms become effective. Your continued use of the Service after the revised terms become effective will be deemed acceptance of the terms.
Contact, feedback, refunds and complaints 15.1 If you need to contact DRIVR or Drivr Technologies ApS in relation to these Passenger Terms or any other document mentioned in them, you can contact DRIVR and Drivr Technologies ApS at the support centre (available at drivr.com) or please email support@drivr.com. 15.2 DRIVR values hearing from its users, and is always interested in learning about ways DRIVR can improve the Service. By providing your feedback you agree that you are giving up any rights you have in your feedback so that DRIVR may use and allow others to use it without any restriction and without any payment to you. 15.3 If you have a complaint about the cost for a Ride, you are kindly invited to send such complaint to our customer service via email to support@drivr.com. If the complaint is justified and accepted by DRIVR, the amount shall be refunded to the same account that you used for paying for the Ride.