Drive Assist Terms & Conditions:
Welcome to our mobile application and / or our website.
“Drive Assist”, “we”, “our” and “us” shall mean Drive Assist;
“You”, yourself / yourselves and “your” shall mean a User, who meets the eligibility criteria set out below;
“Application” shall mean the application supplied by Drive Assist and downloaded and installed by you on your single mobile device (smart phone);
“Driver” or ‘’Drivers’’ shall mean the driver engaged by you by using our Website/Application;
“Force Majeure” shall have the meaning as set out in Clause VII;
“Service” or “Services” shall mean the service of providing short-term private Driver solutions via the Application/Website as defined in Clause I;
‘’User’’ or ‘’Users’’ shall have the meaning as set out in Clause III; and
‘’Website’’ shall mean the website www.driveassists.com
2. SERVICES DESCRIPTION:
1. Drive Assist operates a technology based electronic platform service called ‘Drive Assist’ which seeks to provide drivers-on-demand to customers who wish to obtain the services of a driver.
2. Drive Assist enables the hiring of drivers by commuters/ passengers for a point to point pick up and drop off Service, within city limits and outside city limits, through the Application in mobile telecommunications devices and through the Website. The Service is designed to offer you information and a means of obtaining short-term private driver solutions to coordinate point-to-point and round-trip private driver services, at user’s request. As a User, you authorize the opted Driver to operate your vehicle and make decisions on your behalf during a period of time designated by you.
3. The Drivers offering their services on the Drive Assist platform are individuals and independent service providers who have opted to enlist themselves with Drive Assist. The drivers are screened and trained prior to being listed as a driver on the Drive Assist platform. At no point can the driver represent himself to be an employee of Drive Assist. The user terms and conditions in here expressly provide that the drivers are independent service providers and are not employees of Drive Assist.
4. Further, it is to be noted that Drive Assist, in itself does not provide driving / transportation services. The customer offers the mode of transportation. The terms and conditions clearly state that the provision of services by the driver to the customer is, subject to the agreement entered into between them and Drive Assist shall under no circumstance be a party to such agreement.
5. To elaborate, the modus operandi is as follows:
a. ‘Drive Assist’ aims at bringing drivers/operators (service providers) and customers owning private cars on a common platform by which the said customers can place a request for the services of a professional driver for commute.
b. The e-commerce platform brings the customer into contact with a driver so as to avail the latter’s services, subject to the availability of drivers in or around the customer’s location at the time of registering his request.
c. The request by the customer could be for a point-to-point commute or a round trip is placed by the customer electronically over a mobile based app or through an online website operated by Drive Assist or via phone service.
d. Towards the end of the commute, the customers are charged for the services of the driver, which is intimated to them over the app or mail. The customers may pay for the services either:
- In cash, directly to the driver or
- Through online payment options, to Drive Assist
e. Where the customer opts to pay for the drivers’ services through any of the online modes available on the app, Drive Assist remits the proceeds collected from the customers to the respective drivers.
f. In return for the use of the Drive Assist’s electronic platform, the Drivers are charged a convenience fee by Drive Assist.
3. USE OF SERVICE, APPLICATION AND WEBSITE:
The Application and the Website allows you to send a request for Service to a Driver. The GPS receiver, which should be installed on the mobile device (smart phone) on which you have downloaded the Application or the Website, shall detect your location and shall send your location information to the relevant Driver. Drive Assist has sole and complete discretion to accept or reject each request for providing the Service. Drive Assist also has sole and complete discretion over whether to use the Application / Website to receive the leads generated through the Application / Website. If Drive Assist accepts a request, the Application / Website notifies you and provides information regarding the Driver - including his name and the ability to contact the Driver by telephone or a message.
Drive Assist shall undertake commercially reasonable efforts to bring you into contact with a Driver in order to avail the Services, subject to the availability of Drivers in or around your location at the moment of your request for the Services.
Drive Assist itself does not provide transportation services. It is up to the User to offer transportation. Drive Assist only acts as intermediary between the Driver and you. The provision of the Services by the Driver to you is, therefore, subject to the agreement (to be) entered into between the Driver and you. Drive Assist shall under no circumstance be a party to such agreement. Drive Assist disclaims any and all liability in respect of the Drivers including any claims of employment or any vicarious liability arising out of the Service or otherwise.
4. USER ELIGIBILITY AND AGREEMENT:
User means any individual or business entity/organization that legally operates in India or in other countries, and uses and has the right to use the Services provided by Drive Assist. Our Services are available only to those individuals or entities who can execute legally binding contracts under the applicable law. Therefore, a User must not be a minor as per Indian Law; i.e. User(s) must be at least 18 years of age to be eligible to use our Services.
Drive Assist advises its Users that while accessing the Website/Application, they must follow/abide by the applicable laws. Drive Assist may, in its sole discretion, refuse the Service to anyone at any time.
This Agreement applies to all Services offered on the Website/Application, collectively with any additional terms and condition that may be applicable.
6. REPRESENTATIONS AND WARRANTIES:
As a precondition to your use of the Services, you represent and warrant that:
The information you provide to Drive Assist is accurate and complete. Drive Assist service is only available for private cars for non-commercial purposes within the city limits as designated on our Website. Private cars for non-commercial purposes bear license plates with black lettering over white colored background (Commercial vehicles have license plates with black lettering over yellow colored background). You will ensure that Drive Assist service is being utilized only for non-commercial purposes in a private car. Drive Assist is entitled, at all times, to verify the information that you have provided and to refuse the Service or use of the Application / Website without providing reasons.
You will only access the Service using authorized means. You are responsible to check and ensure you download the correct Application for your device or the correct Website in your computer. Drive Assist shall not be liable if you do not have a compatible mobile device or if you download the wrong version of the Application for your mobile device or Website for the computer. Drive Assist reserves the right to terminate the Service and the use of the Application/ Website should you use the Service or Application with an incompatible or unauthorized device.
You have the legal right and authority to possess and operate the vehicle when engaging our Services and you confirm, represent and warrant that the said vehicle is in good operating condition and meets the industry safety standards and all applicable statutory requirements for a motor vehicle of its kind.
You will be solely responsible for any and all liability which results 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.
You will be solely responsible for the full functionality of your vehicle. If your vehicle fails to function (electrical, mechanical or other) in any way while the Services are being availed of by you, you will be responsible for all storage fees, roadside assistance, alternate transportation and repair of any kind and neither Drive Assist nor the Driver shall be responsible in any manner whatsoever. You have the legal right to designate the Driver as your agent and delegate actual authority to the Driver to operate your vehicle and make decisions on your behalf for the purposes of providing Services offered through the Drive Assist platform.
You are named or scheduled on the insurance policy covering the vehicle you use when engaging our Services. You have a valid policy of liability insurance (in coverage amounts consistent with all applicable legal requirements) for the operation of your vehicle to cover any anticipated losses related to your participation in the Services or the operation of your vehicle by the Driver. In the event of a motor vehicle accident you will be solely responsible for compliance with any applicable statutory or department of motor vehicles requirements and for all necessary contacts with your insurance provider. Other than any personal criminal liability attaching to the Driver you will be solely responsible for all consequences arising out of the use of the Service or the Driver. In any event Drive Assist shall have no responsibility or liability on this account whatsoever.
You specifically authorize us to use, store or otherwise process your 'Sensitive personal data or information’ (as such term is defined in Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011) in order to provide the Services to you. Subject to applicable law all information provided to us by you shall be deemed to be our information to use, as we desire.
You will obey all applicable laws related to the matters set forth herein and will be solely responsible for any violations of the same.
7. METER START AND CANCELLATION POLICY:
Drive Assist drivers will wait no more than 15 minutes from the requested trip start time, before they start the trip timer.
When a trip ends, Drive Assist driver calculates the total fare amount due from You and it was communicated earlier also at the time of booking and shown on pricing policy on the website. You may pay the amount via cash or a variety of online payment options available on the website. Any payment related issue, except when such issue is due to an error or fault in the Site or Application, shall be resolved between You and the payment processor.
9. LIMITATION OF LIABILITY:
The information, recommendations and/or Services provided to you on or through the Website/Application are for general information purposes only and do not constitute advice. Drive Assist will take reasonable steps to keep the Website/Application and its contents correct and up to date but does not guarantee that the contents of the Website/Application are free of errors, defects, malware and viruses or that the Website/Application are correct, up to date and accurate.
Drive Assist shall not be liable for any damages resulting from the use of, or inability to use, the Website/Application, including damages caused by malware, viruses or any incorrectness or incompleteness of the information on the Website/Application.
Drive Assist shall further not be liable for damages resulting from the use of, or the inability to use, electronic means of communication with the Website/Application, including — but not limited to — damages resulting from failure or delay in delivery of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications and transmission of viruses.
Without prejudice to the foregoing, and insofar as allowed under mandatory applicable law, Drive Assist’s aggregate liability shall in no event exceed the equivalent of the amount for the payment of the Services.
The quality of the Services requested through the use of the Application is entirely the responsibility of the Driver who ultimately provides such transportation services to you. Drive Assist under no circumstance accepts liability in connection with and/or arising from the Services provided by the Driver or any acts, actions, behavior, conduct, and/or negligence on the part of the Driver.
We shall not be held liable for any failure or delay in performing Services where such failure arises as a result of any act or omission, which is outside our reasonable control such as unprecedented circumstances, overwhelming and unpreventable events caused directly and exclusively by forces of nature that can be neither anticipated, nor controlled, nor prevented by the exercise of prudence, diligence, and care, including but not limited to: war, riot, civil commotion; compliance with any law or governmental order, rule, regulation or direction and acts of third parties ( “Force Majeure” ).
If we have contracted to provide identical or similar Service to more than one User and are prevented from fully meeting our obligations to you by reason of an event of Force Majeure, we may decide at our absolute discretion which booking we will fulfill by providing the Service, and to what extent.
We have taken all reasonable steps to prevent Internet fraud and ensure any data collected from you is stored as securely and safely as possible. However, we shall not be held liable in the unlikely event of a breach in our secure computer servers or those of third parties other than as required under applicable law.
In the event we have a reasonable belief that there exists an abuse of vouchers and/or discount codes or suspect an instance of fraud, we may cause the User to be blocked immediately and reserve the right to refuse future Service. Additionally, should there exist an abuse of vouchers or discount codes, Drive Assist reserves the right to seek compensation from any and all such Users.
Drive Assist does not represent or endorse the accuracy or reliability of any information, or advertisements (collectively, the "Content") contained on, distributed through, or linked, downloaded or accessed from or contained on the Website/Application, or the quality of any products, information or other materials displayed, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the Service.
Offers are subject to Drive Assist's discretion and may be withdrawn at any time and without notice.
10. INTELLECTUAL PROPERTY RIGHTS:
Drive Assist is the sole owner or lawful licensee of all the rights to the Website/Application and its content. Website/Application content means its design, layout, text, images, graphics, sound, video etc. The Website/Application content embodies trade secrets and intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the Website/Application and its content shall remain with Drive Assist.
All rights, not otherwise claimed under this Agreement or in the Website /Application, are hereby reserved. The information contained in this Website/Application is intended, solely to provide general information for the personal use of the reader, who accepts full responsibility for its use.
You may access the Website/Application, avail of the features, facilities and Services for your personal or internal requirements only. You are not entitled to duplicate, distribute, create derivative works of, display, or commercially exploit the Website/Application Content, features or facilities, directly or indirectly, without our prior written permission of Drive Assist.
All content on this Website/Application is the copyright of Drive Assist except the third party content and link to third party website on our Website/Application, if any.
Systematic retrieval of Drive Assist content to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from Drive Assist is prohibited.
11. USER ACCOUNTS, OFFERS AND PROMOTIONS:
Drive Assist reserves the right to collect User data including name, contact information and other details to facilitate Services or use of its platform to avail Services. All information collected from the User are on a bona fide basis. Misuse and misrepresentation of identity or contact details will lead to automatic termination of Services or the use of the platform, without prior notice to such Users.
User accounts bearing contact number and email IDs are created and owned by Drive Assist. Any promotional discounts and offers accumulated can be revoked without prior notice in the event of suspicious account activity or mala fide intent of the User.
In the case where the system is unable to establish unique identity of a User against a valid mobile number or e-mail ID, the account shall be indefinitely suspended. Drive Assist reserves the full discretion to suspend a User's account in the above event and does not have the liability to share any account information whatsoever.
For any other queries on Drive Assist and its services, please write in to us at firstname.lastname@example.org.
12. LINKS TO THIRD PARTY SITES:
Links to third party sites are provided by the Application / Website as a convenience to Users and Drive Assist does not have any control over such sites i.e., content and resources provided by them.
Drive Assist may allow Users access to content, products or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise) to such third party's website. You are cautioned to read such sites' terms and conditions and/or privacy policies before using such sites in order to be aware of the terms and conditions of your use of such sites. The Users acknowledge that Drive Assist has no control over such third party's site, does not monitor such sites, and Drive Assist shall not be responsible or liable to anyone for such third party site, or any content, products or services made available on such a site.
Drive Assist reserves the right to deny access to particular Users to any/all of its Services without any prior notice/explanation in order to protect the interests of Drive Assist and/or other Users to the Website/Application. Drive Assist reserves the right to limit, deny or create different access to the Website/Application and its features with respect to different Users.
In the event of termination by you or us, your account will be disabled and you will not be granted access to your account or any information or content contained in your account. You will not and not attempt to create another account for accessing and using the Website/Application without the written consent of Drive Assist.
Notwithstanding the termination of this Agreement, you shall continue to be bound by the terms of this Agreement in respect of your prior use of this Website/Application and all matters connected with, relating to or arising from such use.
14. TERMS & CONDITIONS FOR USE OF SERVICES:
The following terms & conditions shall apply to Users utilizing the Services offered by Drive Assist:
The User agrees and accepts that the use of the Services provided by Drive Assist is at the sole risk of the User, and further acknowledges that Drive Assist disclaims all representations and warranties of any kind, whether express or implied. All Services are provided “AS IS”.
The Drive Assist or the Driver has the right to refuse the Service in the following circumstances:
If the User is found to be in an intoxicated state or is found misbehaving with other passengers or the Driver, or is causing a nuisance;
if the User is misusing, soiling or damaging any of the devices (technical/non-technical) of the Driver; and if the User asks the Driver to break any traffic/RTO/city police and/or government rules for any purpose The Driver has the right to refuse such a request by the User.
Without prejudice to the above, Drive Assist makes no representation or warranty that:
the Services will meet the User’s requirements; and the Services will be uninterrupted, timely, secure, or error-free.
The information on this Website/Application is provided "AS IS" with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose. Nothing herein shall to any extent substitute for the independent investigations and the sound technical and business judgment of the Users. In no event shall Drive Assist be liable for any direct, indirect, incidental, punitive, or consequential damages of any kind whatsoever with respect to the Service. Users of this site must hereby acknowledge that any reliance upon any content shall be at their sole risk. If any User misses his/her train or flight or bus, Drive Assist will not be liable for any compensation.
Drive Assist is hereby authorized to use the location-based information provided by any of the telecommunication companies when the User uses the mobile phone to make a booking. The location-based information will be used only to facilitate and improve the probability of locating a Driver for the User.
Drive Assist shall be entitled to disclose to any government body the particulars of the User in the possession, in its absolute discretion.
Drive Assist shall be entitled at any time without giving any reason to terminate the booking of Drivers done by the User.
If the User has any complaints in respect of the Services or the use of the Driver, the User has to inform Drive Assist of the same in writing within 24 hours of using the Driver or the Services.
Drive Assist shall not be liable for any conduct of the Drivers. However, Drive Assist encourages you to notify it of any complaints that you may have against any Driver or the Services.
15. INSURANCE AND DAMAGE TO PROPERTY:
We provide an optional Trip Insurance when you book a Driver using the App, at a nominal premium in association with a third-party insurer. When you book a trip on the Drive Assist App, you will be asked to ‘Secure your booking’ prior to requesting a driver. This insurance is valid through the duration of this trip. The details of policy coverage and the cost of coverage is also provided on the App and specified in the section 3 & 4 of this T&C. This Trip Insurance is not available if you book your driver through Website or Phone booking
Should you choose or not able to procure this insurance offered by Drive Assist, we are not responsible for, damage or loss of any personal belongings or intellectual property whilst providing the Services. These include tapes, records, discs or other similar audio visual or data electronic devices, any speed measuring equipment within the vehicle or any other accessories of any kind. It is your responsibility to ensure that you remove any personal belongings from the car before and after each Drive Assist service arranged through Drive Assist.
The User shall defend, indemnify and hold, Drive Assist, its affiliates, its licensors, and each of their officers, directors, other users, 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 the:
The information contained in this Website/Application is for general information purposes only. The information is provided by Drive Assist and while we endeavor to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Website/Application or the information, products, services, or related graphics contained on the Website/Application for any purpose. Any reliance you place on such information is, therefore, strictly at your own risk.
In no event will we be liable for any loss or damage, including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this Website/Application or Service.
Every effort is made to keep the Website/Application up and running smoothly. However, Drive Assist takes no responsibility for, and will not be liable for, the Website/Application being unavailable due to technical issues beyond our control.
- Any reference to the singular includes a reference to the plural and vice versa, unless explicitly provided for otherwise; and any reference to the masculine includes a reference to the feminine and vice versa.
- Headings and captions are used for convenience only and will not affect the interpretation of these T&Cs.
- Any reference to a natural person will, unless repugnant to the context, include his heirs, executors and permitted assigns. Similarly, any reference to a juristic person such as Drive Assist will, unless repugnant to the context, include its affiliates, successors and permitted assigns.
a) You will be "Eligible" to use Our Services only when You fulfill the following conditions:
b) have attained at least 18 (eighteen) years of age;
c) are competent to enter into a contract under the Applicable Laws.
d) You can avail the Services only if You fulfill the conditions as mentioned in a) to above.
e) If You are not Eligible, please immediately abandon any and all attempts to register with Us.
f) We rely completely on the information provided by You and We shall not be held liable if You or anyone who uses Your Account or Drive Assist is not Eligible.
g) As a minor if You wish to avail the Services, such Services may be availed by your legal guardian or parents who have registered as users on the Site.
h) Notwithstanding anything contained under these T&Cs, We reserve the right to terminate Your membership and refuse to provide You with access to the Site or provide Services if it is brought to Our notice or if it is discovered that You are under the age of 18 years or are incompetent to contract as per Applicable Laws.
a) You can register as a Customer, by providing a valid phone number, Your name, valid and functional e-mail address and any other additional information that RBI Regulations may prescribe to be necessary to satisfy Know Your Customer norms ("KYC Norms"), or other information as We may deem fit. (“Registration Data”).
b) You shall ensure that the Registration Data provided by You must be accurate, complete, current and true. We shall bear no liability for false, incomplete, old or incorrect Registration Data provided by You.
c) You hereby expressly consent to receive communications from Us through Your registered phone number and/or e-mail id. You consent to be contacted by Us via phone calls/SMS notifications. You agree that any communication so received by You from Us will not amount to spam, unsolicited communication or a violation of Your registration on the national do not call registry.
d) You are solely responsible for maintaining the confidentiality of Your Registration Data and will be liable for all activities and Transactions that occur through Your Account and Drive Assist, whether initiated by You or any third party. The password and other details of the Account should not be shared with any third party. Your Account is non-transferable and is not capable of being sold to a third party. We shall not be liable for any loss that You may incur as a result of someone else using Your password or Account or accessing Your device, either with or without Your knowledge.
e) In the event of any change in the said information, You agree to promptly update Your Account information to ensure that the communications We intend to send to You are promptly delivered to You and are not sent to any other entity/third party.
f) We reserve the right to suspend or terminate Your Account with immediate effect and for an indefinite period, if We have a reason to believe that the Registration Data or any other data provided by You is incorrect or false, or that the security of Your Account has been compromised in any way. We reserve the right to suspend or terminate Your Account for reasons including and not limited to any fraud charges against You raised by the bank or concerned authorities and We also reserve the right to share Your information with them for the purposes of investigation.
g) We allow You to open only one Account in association with Registration Data provided by You. 4.8 In case of any unauthorized use of Your Account please immediately reach Us at email@example.com
h) In case, You are unable to access Your Account, please inform Us at firstname.lastname@example.org and make a written request for blocking Your Account. We will not be liable for any unauthorized transactions made through Your Account prior to You making a request in writing for blocking and We shall require at least 72 (Seventy Two) hours to process your request unless in case of force majeure events which are beyond Our reasonable control.
2.7 Use of Site
- 1. You agree, undertake and confirm that Your use of Site shall be strictly governed by the following binding principles:
- You shall not host, display, upload, modify, publish, transmit, update or share any information that:
- Belongs to another person and to which You do not have any right to; or interferes with another user's use and enjoyment of the Site or any other individual's user and enjoyment of similar services; or
- that is harmful, harassing, blasphemous, defamatory, obscene, pornographic, libelous, invasive of another's privacy, hateful, or ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever, or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986, of another person; or
- Misleading in any way; or
- is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, pedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual; or
- involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing or "spamming"; or
- infringes upon or violates any third party's rights, (including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity]; or
- contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page); or
- provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone; or
- provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; or
- contains video, photographs, or images of another person without his or her express written consent and permission or the permission or the consent of his/ her guardian in the case of minor; or
- tries to gain unauthorized access or exceeds the scope of authorized access (as defined herein and in other applicable Codes of Conduct or End User Access and License Agreements) to the Sites or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Sites or solicits passwords or personal identifying information for commercial or unlawful purposes from other users; or
- engages in commercial activities and/or sales without Our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of "virtual" items related to the Sites. Throughout these T&Cs, Our "prior written consent" means a communication coming from Our authorized representative, specifically in response to Your request, and specifically addressing the activity or conduct for which You seek authorization; or
- interferes with another user's use and enjoyment of the Site or any other individual's user and enjoyment of similar services; or
- refers to any website or URL that, in Our sole discretion, contains material that is inappropriate for the Site, contains content that would be prohibited or violates the letter or spirit of these T&Cs; or
- harm minors in any way; or
- is fraudulent or involve the sale of counterfeit or stolen items; or
- violates any law for the time being in force; or
- deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; or
- impersonate another person; or
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal identifiable information or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site; or
- threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting to any other nation; or
- is false, inaccurate or misleading; ordirectly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force; or
- creates liability for Us or cause Us to lose (in whole or in part) the services of Our ISPs or other suppliers.
- You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. We reserve the right to bar any such activity.
- You shall not probe, scan or test the vulnerability of the Site or any network connected to the Site nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Drive Assist, including any of Our account not owned by You, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.
- You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Our systems or networks, or any systems or networks connected to the Site.
- You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal You send to Us on or through the Site or any service offered on or through the Site. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.
- You may not use the Site or any Content for any purpose that is unlawful or prohibited by these T&Cs, or to solicit the performance of any illegal activity or other activity that infringes the rights of Drive Assist or others.
- You shall not use the Services or Site in any manner that could damage, disable, overburden, block or impair any of the server connected to the Site. You may not attempt to gain unauthorized access to the Services through hacking, password mining or any other means.
- You may not reverse engineer, decompile and disassemble any software used to provide the Services.
- You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by Us or otherwise engage in any conduct or action that might tarnish the image or reputation, of Drive Assist or its merchants on platform or otherwise tarnish or dilute any of Our trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by Us.
- You shall not engage in advertising to, or solicitation of, other users of the Site to buy or sell any products or services, including, but not limited to, services related being displayed on or related to the Site. You may not transmit any chain letters or unsolicited commercial or junk email to other users via the Site. It shall be a violation of these T&Cs to use any information obtained from the Site in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person outside of the Site without Our prior explicit consent. In order to protect Our users from such advertising or solicitation, We reserve the right to restrict the number of messages or emails which a user may send to other users in any 24-hour period which We may deem appropriate in Our sole discretion.
- You understand that We have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Site) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, We can (and You hereby expressly authorize Us to) disclose any information about You to law enforcement or other government officials, as We, in Our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.
- We reserve the right, but have no obligation, to monitor the materials posted on the Site. We shall have the right to remove or edit any Content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these T&Cs. Notwithstanding this right of Drive Assist, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE SITE AND IN YOUR PRIVATE MESSAGES. Please be advised that such Content posted does not necessarily reflect Our views. In no event shall We assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the Site. You hereby represent and warrant that You have all necessary rights in and to all Content You provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information.
- Your correspondence or business dealings with, or participation in promotions of, third party advertisers found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such third party advertiser. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third party advertisers on the Site.
- It is possible those other users (including unauthorized users or “hackers”) may post or transmit offensive or obscene materials on the Site and that You may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about You on the public forum due to your use of the Site, and that the recipient may use such information to harass or injure You. We do not approve of such unauthorized uses but by using the Site. You acknowledge and agree that We shall not responsible for the use of any personal information that You publicly disclose or share with others on the Site. Please carefully select the type of information that You publicly disclose or share with others on the Site, or from the Site on other social platforms (eg, but not limited to Facebook).
- We shall have all the rights to take necessary action and claim damages that may occur due to Your involvement/participation in any way on Your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).
- Drive Assist’s performance of this T&Cs is subject to existing laws and legal processes of Government of India, and nothing contained in the T&C is in derogation of Drive Assist's right to comply with law enforcement requests or requirements relating to your use of this service or information provided to or gathered by Drive Assist with respect to such use. You agree that Drive Assist may provide details of your use of the service to regulators or police or to any other third party, or in order to resolve disputes or complaints which relate to the service, at Drive Assist’s complete discretion.
- Each user may be issued a personal identification number (PIN) to enable use of Drive Assist services for accessing his/her Account on Internet and also for availing any privilege, benefit or service that may be offered by Drive Assist or to make transactions using SMS. The PIN will be communicated to the Cardholder entirely at his/her risk, who shall not disclose the PIN to any person and shall take all possible care to avoid its discovery by any person. The user shall be liable for all transactions made with the use of the PIN, whether with or without the knowledge of the Cardholder. Drive Assist reserves the right to refuse any transactions if it believes that the PIN is being misused or being used without appropriate authorization.
2.8 Contents Posted on Site
- All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Us, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
- Except as expressly provided in these T&Cs, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without Our express prior written consent.
- You may use information on Our services purposely made available by Us for downloading from the Site, provided that You:
- do not remove any proprietary notice language in all copies of such documents; or
- use such information only for Your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media; or
- make no modifications to any such information; or do not make any additional representations or warranties relating to such documents.
- You shall be responsible for any notes, messages, e-mails, billboard postings, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information posted or transmitted to the Sites (“Posted Content”). Such Posted Content will become Our property and You grant Us the worldwide, perpetual and transferable rights in such Posted Content. We shall be entitled to, use the Posted Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include Posted Content. You agree that any Posted Content may be used by Us in the manner that We deem fit, consistant with Applicable Laws and You are not entitled to any payment or other compensation for such use of Posted Content by Us.
2.9 Use of Drive Assist Wallet
- Upon successful registration, You can start availing Our Services through Drive Assist Wallet.
- The features of Drive Assist Wallet are as follows:
- Currency of issue. Indian Rupees only.
- Transferability: RBI Regulations prohibit transfer of the Accounts and/or Drive Assist Wallets from the Customer to any third party. Validity period. 3 years from the date of activation/issuance to the holder.
- Maximum permissible period of non-use of the Drive Assist Wallet (“Permissible Period.”) 6 months either from the date of issuance or from the date of the last use of Services occurred.
- We reserve the right to forfeit the balance in Your Account at the time of expiry of the Drive Assist Wallet or in case the Wallet is not used beyond the Permissible Period. We shall intimate You about such forfeiture and expiry of the Drive Assist Wallet or the Permissible Period 30 days’ prior to expiry of Your Account or the Permissible Period, before forfeiting outstanding balances in the Account if any. The intimation shall be sent to registered e-mail id or phone number. We shall not be held responsible or liable for any failure of delivery of the intimation. Further, You agree and acknowledge that You shall have no claim against Us for the balance forfeited from your Drive Assist Wallet.
- All Transactions shall be subject to the amount of the outstanding balance existing in the Drive Assist Wallet at the time of making a transaction, Domestic Money Transfer Guidelines as issued by RBI or any other limit as may prescribed by Us from time to time.
There are no Charges and fees levied by Drive Assist Wallet to the registered customer for the use of the Drive Assist Wallet service. We reserve the right to change Our policies and any Charges from time to time. In particular, We may at Our sole discretion introduce new services and modify some or all of the existing Services offered on the Site. In such an event, We reserve, without notice to You, the right to introduce fees for the new services offered or amend/introduce fees for existing Services, as the case may be. Changes to the Fee and related policies shall automatically become effective immediately once implemented on the Site.
2.11 Loading of Drive Assist Wallet
- You can reload Drive Assist Wallet referred to as Lifetime Balance by using only those modes of the payment as enabled by Us. These payment modes may be revised by Us from time to time. Lifetime Balance is governed by RBI rules as specified in Section 7.1 of this Agreement.
- Drive Assist may from time to time add funds into Your Drive Assist Wallet which is referred to as Promotional Balance. Promotional Balance is a fund that is added to Your Drive Assist Wallet via marketing promotions such as cashback, referral and other rewards. Promotional Balance expires after 30 days.
- When You opt to load money into Your Drive Assist Wallet You will be required to provide certain information ("Payment Details") for the purpose of reloading. You acknowledge and agree that by providing such Payment Details You authorise Us to reload Your Drive Assist Wallet. The Payment Details You provide must be true, complete, current and accurate. We do not bear any liability for the consequences if You provide false, old, incomplete or incorrect Payment Details.
- You represent and warrant that You are legally and fully entitled to use any debit card, credit card, bank or any other mode that You may use to load funds into Your Drive Assist Wallet. We shall not be held responsible in case You don’t have sufficient funds or authorised access to use such mode to load Your Drive Assist Wallet.
- You hereby authorize Us to hold, receive and disburse funds in Your Drive Assist Wallet in accordance with any payment instructions We receive from You. Among other things, Your authorization permits Us to debit or credit the bank account associated with Your Payment Details. Your authorization will remain in effect as long as You maintain an Account with Us.
2.12 Wallet to Merchant Transfer
- When We receive payment instructions from You to pay a Merchant, You authorize and order Us to commit Your payment to that Merchant. This authorization will remain in effect as long as You maintain an Account with Us.
- In the event that You have any dispute with the Merchant in relation to the goods or services provided to You by a Merchant for any reason, We recommend that You report the matter to the concerned Merchant in question. Neither Drive Assist shall be liable for the goods nor services provided by Merchants and cannot be made a party to the disputes between a Merchant and You.
2.13 Wallet to Wallet Transfer
Please note that Wallet to Wallet transfer facility is not available at present. We shall notify You about the terms and conditions governing it as and when the same are available.
2.14 Wallet to Bank Transfer
Please note that the Wallet to Bank transfer facility is not available at present. We shall notify You about the terms and conditions governing it as and when the same are available.
- In the event that You desire a refund on any amount that has been debited from Your Drive Assist Wallet, please email care@Drive Assist.in and make a refund request clearly explaining the circumstances of your refund request.
- Where We determine that a refund request is valid, We shall make reasonable efforts to grant the refund request and return the requisite funds to Your Drive Assist Wallet.
- Please note that RBI regulations do not permit Us to refund any balance existing in Your Drive Assist Wallet back to You since this is a Closed Wallet.
- In case Your Drive Assist Wallet is erroneously loaded / reloaded, after assessing the validity of the written request from You, We shall process to credit the funds to the same source from where these were received.
- We will make reasonable efforts to respond to Your refund request at the earliest. Please note that We will not be responsible for delays, which may be caused by any third parties such as banks and Merchants, on whom We rely while processing Your refund request or delay caused in the case of any or any force majeure events which are beyond Our reasonable control. Therefore, We bear no liability for the processing of the refund requests.
- You may have the right to initiate a chargeback request in accordance with the terms and conditions of Your debit or credit card scheme or your bank account. Please note that Your chargeback request will be processed by Your debit/ credit card provider or your bank and not by Us. Therefore, We bear no liability for the processing of the chargeback requests.
- We reserve the right to review Your Account and transaction history pursuant to a chargeback request, in order to determine the occurrence of fraud. If We have any reason to believe that there has been fraudulent activity on Your Account, We reserve the right to terminate, block or suspend Your Account with immediate effect.
2.17 Non-Working Days.
- We are reliant on third parties such as banks to deliver timely Services. Since, We cannot control the actions of such third parties, We will not be responsible to render Services or process payments or refunds on the following days (“Non-Working Days”):
- days which are declared as holidays by the RBI, or any other day which is declared a holiday by Us.
- days including Saturdays and Sundays and declared as bandhs or festivals in any State or Union Territory in India. We will continue to render Services which do not involve that particular State or Union Territory in which a bandh or festival has been declared on that day.
2.18 Intellectual Property Protection
- All trademarks, brands and service marks used in connection with the Site or Services offered by are owned by Drive Assist is Drive Assist’s property; Drive Assist owns all copyrights and intellectual property rights and database rights in connection with the Services and the Site. For use of any third party's intellectual property, You need to get permission directly from the owner of the intellectual property for any use. Third party trademarks may appear on this Site and all rights therein are reserved to the registered owners of those trademarks.
- You agree to abide by laws regarding copyright, trademark, patent, and trade secret ownership and use of intellectual property, and You shall be solely responsible for any violations of any laws and for any infringements of any intellectual property rights caused by use of the interface/Site.
- Drive Assist is the sole and absolute owner of all and whatsoever the intellectual property rights in the trade mark Drive Assist and the design in respect thereof and that Drive Assist will be entitled to take any legal action against any person invading and/or encroaching upon the said rights of Drive Assist.
2.19 Suspicious Transactions.
- If We have a reason to believe that any payment instructions made on Your Account have been fraudulently made, We will suspend and deny You access to Your Account in order to investigate and report the suspicious activity. Such suspension will continue in effect till the conclusion of the investigation.
- Please note that We are reliant on a number of third parties such as banks and Merchants while conducting the investigation. However, We will make every reasonable effort to conclude the investigation at the earliest.
- Upon conclusion of the investigation and based on its results, We may be required to terminate Your Account with immediate effect.
2.20 Other Businesses
We do not take responsibility or liability for the actions, products, content and services on the Site, which are linked to affiliates and / or third party websites using Our APIs or otherwise. In addition, We may provide links to the third party websites of affiliated companies and certain other businesses for which, We assume no responsibility for examining or evaluating the products and services offered by them, and We do not warrant the offerings of, any of these businesses or individuals or the content of such third party website(s). We do not in any way endorse any third party website(s) or content thereof.
We welcome links to this Site. You may establish a hypertext link to the Site, provided that the link does not state or imply any sponsorship or endorsement of your site by Us. You must not use on your site or in any other manner any trademarks, service marks or any other materials appearing on the Site, including any logos or characters, without Our express written consent and the owner of the mark or materials. You must not frame or otherwise incorporate into another third party website or present in conjunction with or juxtaposed against such a website any of the content or other materials on the Site without Our prior written consent.
2.22 Termination, Deactivation and Expiry of the Account.
We reserve the right to modify, terminate or suspend Services to You at any time without prior notice due to any changes in internal policy or due to RBI Regulations or the Applicable Laws or any breach of these T&Cs by You or for any reason whatsoever. You can terminate Your Account by submitting a request to Us at email@example.com We will make every effort to respond to Your request for termination at the earliest. You will remain responsible for all Transactions that occurred prior to termination of Your Account.
We make no express or implied representations or warranties about Our Services or the Site and disclaim any implied warranties, including, but not limited to, warranties or implied warranties of merchantability or fitness for a particular purpose or use or non-infringement. We do not authorize anyone to make a warranty on Our behalf and You may not rely on any statement of warranty as a warranty by Us.
Drive Assist and its representatives, officers, employees, agents and contractors shall not be liable for any loss, damage, claim, expense, cost (including legal costs) or liability arising directly or indirectly from Your use or non-use of the Service or the Site, or Your reliance upon the Service or the information contained upon the Site (whether arising from Drive Assist or any other person's negligence or otherwise).
You furthermore acknowledge and accept that we may not encrypt any Content or communications from and to our Site.
Content and advertisements provided as part of a Service: You understand that advertising plays an important role in the provision of this Service, and that we will display advertisements and other information adjacent to or as part of the Services, which you may use. We may periodically send promotional emails, SMSs or push notifications to you about services offered by our advertisers and ourselves.
Where we publish or provide Content or advertisements as part of a Service we do not: warrant or represent that the Content or advertisements are suitable, accurate, correct, complete, reliable, appropriate, or lawful; or endorse the Content or advertisements; and you will obtain independent professional advice at your own cost before you take any action based upon such Content or advertisements.
Your correspondence or dealings with, or participation in promotions of advertisers through the Service, and any other terms, conditions, warranties or representations associated arising there from, lie between you and the advertisers. You agree that we shall not be liable for any loss or damage of any nature incurred as the result of any such interactions, or as the result of the presence of such advertisers on our Service.
When you acquire goods, software or any other services from a third party through any of our Services, you understand and agree that: we are not a party to the contract between you and the third party; we are under no obligation to monitor the Third Party Service used by you; the third party will be responsible for all obligations under the contract including (without limitation) warranties or guarantees; you will evaluate the product, software or service and the applicable terms and conditions before acquiring the product, software or service; and you indemnify us against any damages, howsoever arising from your acquisition and use of the goods, software or service.
We also reserve the right to reject or refuse any Third Party Service used by you in conjunction with our Service.
- Except for Our limited role in processing payments that You authorize or initiate, We are not involved in any underlying transaction between You, any other Customer, Merchant, bank or other third party. We are not a selling agent in relation to any sale of goods or services to You by any Merchant any other third party. We will always endeavor to provide the Services to the best of our ability. You are however aware that the Services will involve transmissions over various networks and that it will change to conform and adapt to the technical requirements of connecting networks and devices. There are also various other factors, which do not lie within our control.
- We shall not be liable for the quality, safety, reliability, legality, delivery or any other aspect of any goods or service that You may purchase using Drive Assist online payment method. Your use of the Service is at your sole risk. The Service is provided on an "as is" and "as available" basis. We disclaim all warranties of any kind whether express or implied including without limitation, any representation or warranty for accuracy, availability, continuity, uninterrupted access, timeliness, sequence, quality, performance, security, merchantability, fitness for any particular purpose, non-infringement or completeness. Without prejudice to the forgoing paragraph, We do not warrant that:
(a) This Site will be constantly available, or available at all; or
(b) The information on this Site is complete, true, accurate or non-misleading.
(c) This Site; information, Content, materials, product (including software) or services included on or otherwise made available to You through the Site; their servers; or electronic communication sent from Us are free of viruses or other harmful components;
(d) Nothing on the Site constitutes, or is meant to constitute, advice of any kind;
2.24 Notices and communication
- Any notice or notification in relation to these T&Cs which You wish to make to Us must be made in writing to: Drive Assist, Shop No. B-6, Basement, Style Plaza, Jharsa Road, Sector 15 Part-1,Gurugram, Haryana,122001
- E-mail: firstname.lastname@example.org
- All Your communication with Us will be of a professional nature only. You will not contact Us to harass, intimidate or threaten any person, or to promote any cause, which You may support.
- Any notice given by Drive Assist hereunder will be deemed to have been received by you within 7 days of posting your address last notified in writing to Drive Assist or, within 24 hours of sending the same via e-mail or SMS at the e-mail address specified by you or your registered mobile phone number. Any notice may also be sent by fax or communicated verbally and confirmed in writing by post or fax. Drive Assist shall not be held accountable for delays in receipt of notices by post. In the event of any change in your e-mail and/or employment and/or office and/or residential address and/or telephone numbers, you shall inform Drive Assist promptly in writing or by e-mail and must confirm the same by mail or fax.
2.25 Indemnity and Limitation of Liability.
- You will defend, indemnify and hold harmless Drive Assist and each of their affiliates (and their respective employees, directors, agents and representatives) from and against any and all claims, costs, losses, damages, judgments, penalties, interest and expenses (including reasonable attorneys' fees) arising out of any Claim that arises out of or relates to: to the use or misuse of Services or any violation of these T&Cs. For purposes hereof: "Claim" means any claim, action, audit, investigation, inquiry or other proceeding instituted by a person or entity.
- YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTES WITH US IS THE CANCELLATION OF YOUR ACCOUNT WITH THE SITE. IN NO EVENT SHALL Drive BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THIS AGREEMENT, EVEN IF WE HAVE BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO OUR ARISING OUT OF YOUR USE OF THE SITE, REGARDLESS OF THE FORM OF ACTION, EXCEED ₹ 10,000/- (RUPESS TEN THOUSAND ONLY).
- Without in any way limiting the above, Drive Assist shall not be liable or responsible to you for any loss, damage, expense, claim or liability arising directly or indirectly out of any defect or deficiency in any goods and services purchased by you or availed as a benefit, privilege or facility attached to the service; refusal by or inability of a Merchant Establishment to honor or accept the service; handing over of the relevant access control/password/PIN by you to any unauthorised person; any injury to the credit, character and reputation of yours alleged to have been caused by the repossession of the service and/or request for its return.
- All the services to be availed of and /or the goods to be purchased /procured by the Customer from the third parties under the agreement herein, will be so purchased/procured by the Customer at his own risk and costs. The Service Provider shall not be liable and/or responsible in respect of the title, quantity, quality or any other aspect thereof and no guarantee, warranty or any indemnity shall be given or deemed to be given by the Service Provider in respect thereof.
2.26 Force Majeure
We shall not be liable for any failure to perform any obligations under this T&Cs, if the performance is prevented, hindered or delayed by a Force Majeure Event and in such case its obligations shall be suspended for so long as the Force Majeure Event continues. For the Purpose of this clause “Force Majeure Event” shall mean any event arising due to any cause beyond the reasonable control of the Party, including, without limitation, unavailability of any communication system, sabotage, fire, flood, explosion, acts of God, civil commotion, strikes or industrial action of any kind, riots, insurrection, war or acts of government.
We respect the intellectual property of others. In case You feel that your work has been copied in a way that constitutes copyright infringement, You can write to Us at email@example.com
Our failure, delay or omission to exercise or enforce any rights or provisions of these T&Cs will not constitute a waiver of such rights or provisions. A waiver on any one occasion will not be construed as a bar or waiver of any rights or remedies on future occasions. Any claim in relation to Services or T&Cs should be filed within 3 (Three) months from when the cause of action arose. Any claims filed beyond this time period shall be barred.
2.28 Revision of T&Cs.
- We reserve the right to change any of the T&Cs or any policies or guidelines governing the Site or Services, at any time and at Our sole discretion. Any changes will be effective upon posting of the revisions on the Site and We may send You an automated e-mail to Your registered e-mail ID or SMS informing about the changes made and You would be required to view the modified changes on the internet. By keeping or using the service after notification, You are deemed to have agreed to the amendment/change. If You do not agree with any amendment of the terms and conditions You may cancel the service by informing in writing to Drive Assist or closing your account on the internet or by SMS.
- Unless otherwise specified by Us, revised T&Cs will take effect automatically and be binding from the day they are posted on the Site. By continuing to access or use Services, You will be deemed to have agreed to accept and be bound by such revised T&Cs. If You do not agree to the revised T&Cs, You should discontinue accessing Our Site or using Our Services immediately.
- We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these T&Cs, at any time without any prior written notice to You. It is Your responsibility to review these T&Cs periodically for updates / changes. Your continued use of the Website following the posting of changes will mean that You accept and agree to the revisions. As long as You comply with these T&Cs, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.
2.29 Customer grievance redressal policy
- If You are not satisfied with the quality of Service(s) offered or have any other complaints or grievance, please contact Our customer care at firstname.lastname@example.org
- The procedure of escalation of complaints shall be as follows:
- Escalation: Write to email@example.com
- Response Time: Seven Business Days
To, Attn: Drive Assist.
Address: Drive Assist, Shop No. B-6, Basement, Style Plaza, Jharsa Road, Sector 15 Part-1,Gurugram, Haryana,122001
Response Time: Fifteen Business Days
If any part of these T&Cs is determined to be invalid or unenforceable pursuant to the Applicable Laws then the invalid or unenforceable provisions will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these T&Cs will continue in effect.
2.31 Governing law and dispute resolution.
- Any dispute, controversy or claim arising out of or relating to this T&Cs or the validity, interpretation, breach or termination thereof (“Dispute”), including claims seeking redress or asserting rights under the Applicable Law shall be amicably settled through mutual consultation and escalation. If the Dispute is not settled amicably as aforesaid within a period of  (Fourteen) calendar days, the matter would be referred to arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996. Arbitration shall be presided over by a sole arbitrator mutually appointed by Us and the Customer.
- The arbitration proceedings shall be conducted in the English language. The venue for the arbitration proceedings shall be Mumbai.
- This T&Cs shall be governed by and construed in accordance with the laws of India and, subject to this Clause 30, We and You agree and undertake that any controversy or claim arising out of or relating to these T&Cs will be adjudicated exclusively before a competent court in Mumbai, India only.
- Any costs incurred by Drive Assist towards enforcement of its rights and recovery shall be debited to your account.
- Where Drive Assist acts on good faith in response to any oral or electronic instruction or inquiry from you in respect of any matter in relation to your account, you will not be entitled to claim or allege any loss, damage, liability, expense etc., attributable, directly or indirectly, to any such good faith action of Drive Assist and you agree to hold Drive Assist harmless in respect thereof.
- If required by law to do so or if considered necessary to do so for proper management of credit or business risk, Drive Assist reserves the right to disclose any and all Cardholder information, including default in any payments or misuse of the service, to any court of competent jurisdiction, quasi judicial authority, law enforcement agency, relevant wing of the Central Government or State Government, your employer, credit reference agency, financial institution or any company which is an affiliate or associate or parent or subsidiary of Drive Assist 31.4 You hereby agree that the application and copies of all documents submitted in support thereof and for the ongoing operation of the Drive Assist Account by you to Drive Assist are and shall remain the sole and exclusive property of Drive Assist, and Drive Assist shall not be obliged to return the same to you upon your request or upon termination of this Agreement.
- You agree to comply with all applicable laws and regulations from time to time which govern or may be affected by the use of the service.
- Drive Assist, our parent, subsidiaries, employees and our suppliers provide our services "as is" and without any warranty or condition, express, implied or statutory. Drive Assist, our parent, subsidiaries, employees and our suppliers specifically disclaim any implied warranties of title, merchantability, satisfactory quality, fitness for a particular purpose and non-infringement.
- In no event shall Drive Assist, our parent, subsidiaries, employees or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our web site, our service, or the T&C (however arising, including negligence). Drive Assist shall make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts, credit cards, and check issuances are processed in a timely manner and but Drive Assist makes no representations or warranties regarding the amount of time needed to complete processing because our Service is largely dependent upon many factors outside of our control.
- You are aware of all security risks, including possible third party interception of any of your transactions and statements of account on the Internet and the contents of your transactions or statements of account becoming known to third parties. You agree and undertake that you shall not hold Drive Assist liable therefore in any way. The use and storage of any information, including without limitation, the Card number, PIN, password, account information, transaction activity, account balances and any other information available on your Internet access device or computer or mobile phone is at your own risk and responsibility. 31.9 As your account ID is connected to your mobile number, it is your responsibility to inform Drive Assist in case you terminate using the mobile number that corresponds to your account ID. The account ID corresponding to the mobile number you register with can be accessed by you only till the time you have access to the corresponding mobile number. It is your responsibility to transfer your account ID to a new mobile number if and when you change your number. You are also liable for ensuring the security of your PIN. In case of loss of your mobile phone and/or Drive Assist Password/PIN, you should intimate Drive Assist in writing immediately. Drive Assist shall make every attempt to block access to your Drive Assist account under such circumstances, however, Drive Assist shall not be liable for any losses a user may incur due to the above. The responsibility to safeguard the Drive Assist coupon balance rests entirely with the user.
- By signing up for Drive Assist services, you also allow Drive Assist to send you emails and SMS alerts from time to time.
- Drive Assist will be entitled to enter into any tie-up in terms of joint-venture or otherwise with any other institution engaged in the business of providing services analogous