DRIVR Terms of Service
- Introduction
- DRIVR is a platform provided by DRIVR LIFE, INC (” we”, ” us”, ” our”), a company established under the laws of Delaware, USA.
- These platform terms of use (“Platform Terms”) apply to all users (both drivers and tippers) of DRIVR, our software applications, websites, mobile apps, and such other technologies which we may make available (collectively the “Platform”).
- These Platform Terms should be read in conjunction with our Privacy Policy, which together make up the “Agreement” between us. By accessing and using DRIVR, you accept and agree to the terms of this Agreement. If you do not understand or agree with the Agreement, you should not use DRIVR
- From time to time, we may refine or change aspects of the Agreement and any revised terms or policies will be made available to you at https://drivr.life/terms. Please take a moment to read the changes. If you continue to use the Platform after we make the changes, you will be deemed to agree to the changes. If you do not agree to the changes, you should not use the Platform.
- If you have any questions about any of the above, please contact us using the contact details at the end of this document.
- Registration
- In order to use certain parts of our Platform you may be required to register for an account by providing your name, phone number, location, email address and in password, if applicable.
- You must ensure that the details provided by you on registration or at any time are correct and complete. You must inform us immediately of any changes to the information that you provide when registering by updating your personal details to ensure we can communicate with you effectively.
- Names, email addresses and profile pictures must not: (i) be obscene or offensive, (ii) infringe any third party rights, or (iii) otherwise (in our absolute discretion) be considered inappropriate.
- You may cancel your registration and/or ask us to deactivate your account at any time by submitting a support request to hello@drivr.life. If you do so, you must immediately stop using the Platform. We will delete your account within 30 days of receiving your request (subject to certain data we need to retain for legal and financial record keeping purposes). Once we have deleted your account and such other information, it cannot be recovered. If you wish to obtain a copy of your any data related to your account prior to deletion, please request access to your data in accordance with your rights set out in our Privacy Policy found at https://store.drivr.life/policies/privacy-policy
- Passwords and Security
- When you register on the Platform, you will be asked to provide and verify your mobile phone number, which we will use to authenticate you and give you access to your account. If you are a Driver, you may also be asked to create a password, which you should keep confidential and not disclose or share with anyone. We will be entitled to treat any action carried out through your account as being carried out by you. You must notify us immediately if you have reason to believe that your account details may have been compromised or used by any other person.
- If we have reason to believe that there is or is likely to be any misuse of the Platform or breach of security, we may require you to change your password, require re-verification, and/or suspend your account.
- Using the Platform
- Our Platform is intended for use only by those who can access it from within the United States of America. If you choose to access our Platform from locations outside the Territory, you are responsible for compliance with local laws and we make no guarantee that features will be available or work as expected.
- You are responsible for making all arrangements necessary to access our Platform. In particular, you are responsible for ensuring that your computer and/or portable device is compatible with our Platform.
- All users must be at least 18 years old to use the DRIVR platform, to authorize charges to their credit cards and/or to receive funds.
- Prohibited Uses
- You must not (and you must not cause any other
person to):
- use any automated system or software to extract content or data from the Platform for commercial purposes, except where you or any applicable third party has entered into a written agreement with us that permits such activity;
- interfere with, damage or disrupt, the Platform or any servers or networks connected to the Platform, including by transmitting any worms, viruses, malware, spyware or any other code of a destructive, malicious or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any page of the Platform is rendered or displayed in a user’s browser or device;
- access the Platform via a means not authorized in writing in advance by us, including but not limited to, automated devices, scripts, bots, spiders, crawlers or scrapers (except for standard search engine technologies).
- attempt to restrict another user of the Platform from using or enjoying the Platform and you must not encourage or facilitate the breach of these Platform Terms by others;
- use the Platform for any illegal or unauthorized purpose or in any way that advocates, promotes or assists any unlawful act such as (by way of example only) copyright infringement, computer misuse, or collecting or harvesting any information or data from our systems or servers;
- use the Platform in any way or that (i) is defamatory of any other person, (ii) is obscene or offensive, (iii) promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, or (iv) is likely to harass, upset, embarrass, alarm or annoy any other person;
- change, modify, adapt or alter the Platform or change, modify or alter another website so as to inaccurately imply an association with the Platform or us,
- As a Driver, use of the platform in any way to purposefully attempt to collect tips that have not been earned by you honestly and during the course of your normal work. This would include, for example, spoofing GPS signals, or otherwise sending data to our servers in an attempt to make it seem as if you were out delivering and collecting tips when you were not.
- You must not (and you must not cause any other
person to):
- Intellectual Property
- Our Platform and all information, music, images, photographs, videos and other content displayed on our Platform (”Materials”) are protected by certain rights. These rights include all patents, rights to inventions, copyright, database rights, performer’s property rights, moral rights, trademarks and service marks, business names and domain names, goodwill and the right to sue for passing off or unfair competition, rights in designs and all other intellectual property and proprietary rights, in each case whether registered or unregistered (” Rights”). These Rights either belong directly to us or are licensed to us from their respective owners or licensors.
- You may only view, print out, use, quote from and cite the Platform and the Materials for your own personal, non-commercial use and on the condition that you give appropriate acknowledgment to us where appropriate.
- Your use of our Platform and the Materials is
subject to the following restrictions. You must
not:
- copy the Platform except where such copying is incidental to normal use of the Platform, or where it is necessary for the purpose of back-up or operational security;
- sub-licence or otherwise make available the Platform in whole or in part (including object and source code), in any form to any person without our prior written consent;
- remove any copyright or other proprietary notices contained in the Materials;
- use any Materials in any manner that may infringe any of our Rights or the Rights of a third party;
- use the Materials in any way that might be illegal or breach these Platform Terms;
- reproduce, modify, edit, mix or remix, apply any voiceover or commentary, display, perform, publish, distribute, disseminate, broadcast, frame, communicate to the public or circulate to any third party or exploit our Platform and/or the Materials in any way for any commercial purpose, without our prior written consent;
- disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Platform or attempt to do any such thing; or
- use the Platform or Materials in any way that is in contravention of any applicable law or regulation or in any manner that will violate the privacy, publicity or personal rights of others or in any defamatory, obscene, threatening, abusive or hateful material including without limitation using the Platform or any Materials in connection or association with any obscene, defamatory, illegal, pornographic material or in relation to products and services that relate to firearms, gambling, pharmaceuticals, pornography or tobacco or otherwise than in accordance with normal standards of decency.
- Any use of our Platform or the Materials in a manner not expressly permitted by these Platform Terms may constitute an infringement of our Rights and/or the Rights of our licensors. We and our licensors reserve the right to exercise all rights and remedies available in respect of any infringement of Rights in our Platform or the Materials accessible on it.
- Uploading Your Content to Our Platform
- On certain parts of our Platform, you may be
invited to upload materials to our Platform and/or
make contact with other users. If you choose to
upload such materials, your content must not:
- contain any material which is or may reasonably be considered to be threatening, defamatory, obscene, indecent, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, or in breach of confidence;
- be illegal or infringe the Rights of any third party, in any country in the world; and
- be technically harmful (by way of example it must not include any computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
- By uploading your content to the Platform, you hereby grant us and our designers, together with users of our Platform an irrevocable non-exclusive license (which is unlimited in time) to view and use your content without restriction, including by way of example for commercial purposes.
- On certain parts of our Platform, you may be
invited to upload materials to our Platform and/or
make contact with other users. If you choose to
upload such materials, your content must not:
- Links to Third Party Websites
- The Platform (and emails that we send to you in connection with the Platform) may include links to third party websites, applications and/or other digital properties (“Third Party Properties”) that are controlled and maintained by third parties. If you decide to visit any Third Party Property or use a service made available through, or purchase products via, a Third Party Property, you do so at your own risk. It is your responsibility to satisfy yourself as to the reputation of the relevant third party and the services they offer. We are not responsible for the content, accuracy or opinions expressed on Third Party Properties. Links that we make available do not imply that we are, or our Platform is, affiliated to or associated with such websites or services.
- Your interaction with any Third Party Property is subject to the relevant third party’s own terms and policies. In particular, third parties will process your personal data in accordance with their own privacy notices. Please read all applicable terms and policies of the relevant third party before using a Third Party Property and/or using a service made available through, or purchasing products via, a Third Party Property.
- Third Party Partners & Services
- You expressly authorize our service provider, Dwolla, Inc. to originate credit transfers to your financial institution account. You authorize us to collect and share with Dwolla your personal information including full name, email address and financial information, and you are responsible for the accuracy and completeness of that data. Dwolla’s Privacy Policy is available here.
- Availability of the Platform and Disclaimers
- We provide the Platform on an “as is” and “as available” basis. We give no warranty that the Platform will be free of defects and/or faults, that defects will be corrected or that the Platform or the server that makes it available are free of viruses or anything else which may be harmful or destructive. To the maximum extent permitted by the law, we exclude all warranties not expressly set out in these Platform Terms, including but not limited to implied warranties of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
- We may update some or all of the Platform and/or any of the services and/or content made available through it at any time and for any reason, for example to improve performance, enhance functionality, reflect changes to operating systems or address security issues. Alternatively, we may ask you to update parts of the Platform for these reasons. If you choose not to install such updates or if you opt-out of automatic updates (where applicable) you may not be able to continue using the Platform or functionality may be impaired.
- Whilst we will use reasonable endeavors to ensure that the Platform is secure and free of errors, viruses and other malware, we give no warranty or guarantee in that regard and you are responsible for your own security, that of your personal details and your computers. We accept no liability for any disruption or non-availability of the Platform. We are under no obligation to update information on the Platform.
- We reserve the right to alter, suspend or discontinue any part (or the whole of) the Platform. These Platform Terms shall continue to apply to any modified version of the Platform unless it is expressly stated otherwise.
- Access to the Platform is permitted on a temporary basis and we reserve the right to withdraw access from the Platform for any reason and without notice.
- Liability
- Consumers have certain legal rights when using our
Platform. These are also known as “statutory
rights”. Nothing in these Platform Terms
affects these rights. In particular, we do not
exclude our liability for:
- death or personal injury caused by negligence;
- any matter for which it would be illegal for us to limit or exclude our liability.
- We will not be liable to you in respect of any losses arising out of any event or circumstance beyond our reasonable control.
- You will be responsible for all claims, liabilities, damages, costs and expenses suffered or incurred by us as a result of your breach of these Platform Terms or default in the discharge of your obligations.
- Except as stated in clause 11.1, and to the
maximum extent permitted by law, we shall not be
liable for any of the following:
- any business or personal losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities;
- loss or corruption of any data, database or software;
- any special, indirect or consequential loss or damage.
- Except as stated in clause 11.1, our maximum liability to you in respect of your use of our Platform or any matter arising under or in connection with these Platform Terms is $50.
- Consumers have certain legal rights when using our
Platform. These are also known as “statutory
rights”. Nothing in these Platform Terms
affects these rights. In particular, we do not
exclude our liability for:
- General Provisions
- If any court or competent authority finds that any provision of these Platform Terms (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these Platform Terms will not be affected.
- You may not assign, sub-license or otherwise transfer any rights under these Platform Terms.
- Nothing in these Platform Terms will establish any partnership or joint venture between us, or (except as expressly stated) mean that any party to this Agreement becomes the agent of another third party, nor does the Agreement (except as expressly stated) authorize any party to enter into any commitments for or on behalf of any other third party.
- These Platform Terms do not give rise to any rights to any third party to enforce any term of this Agreement.
- If we fail to exercise any right or remedy under our Platform Terms, our failure does not constitute a waiver of that right or remedy. Any waiver must be in writing and signed by us.
- Any notice (other than in legal proceedings) to be delivered in relation to these Platform Terms must be in writing and delivered pre-paid first class post to the registered address or place of business of the notified party, or sent by email to the other party’s main email address as notified to the sending Party.
- Enquiries & Complaints
- If you have an enquiry or complaint about our Platform, please submit a support request to hello@drivr.life. We will try to answer your inquiry or resolve any complaint as soon as possible.