EVIEDRIVE CUSTOMER TERMS AND CONDITIONS
BY USING & ACCEPTING THIS EVIE DRIVE TAXI APP SERVICE, YOU AGREE TO STATED
TERMS
& CONDITIONS WHICH WILL BIND YOU FOR USING THE SAID Evie Drive MOBILE APP. IF YOU DO NOT AGREE TO THESE TERMS, YOU WILL BE
PROHIBITED FROM DOWNLOADING OR USING EVIE DRIVE TAXI APP.
IT IS YOUR RESPONSIBILITY TO GO THROUGH ALL THE TERMS & CONDITIONS OF THE
SAID
USAGE OF MOBILE APP AND WE WOULD NOT BE RESPONSIBLE FOR ANY ACTION THERE OF.
WE URGE YOU TO GO THROUGH THE SAID TERMS & CONDITIONS DURING THE
REGISTRATION
PROCESS.
ONCE YOU REGISTERED IT IS DEEMED THAT YOU HAVE ACCEPTED THE TERMS AND
CONDITIONS.
We, EVIE DRIVE, license you to use Evie Drive App, the data supplied with the
software and any updates or supplements to it as permitted in these terms:
The Evie Drive App mobile application software requires a smartphone device with
relevant software and sufficient memory. We support Android & iOS latest versions.
A copy of this Licence is available on our website or on the mobile
application.
GRANT AND SCOPE OF LICENCE
- We grant you a non-exclusive, non-transferable licence to use
Evie
Drive App, ONLY in the State of GOA on the terms of this Licence. We (or our licensors) remain the
owners of Evie Drive App at all times
- We are an intermediary between you and the provider to you of
transport services by licensed drivers, Licensed under the gamut of Goa Transport Department &
we do
not provide transport services directly. You are able to use Evie Drive App to book a transport
provider
for a convenience fee, subject to the distance of the journey.
- Evie Drive App accept your booking and allocate
this
to the transport provider.
- You are restricted to not to copy, recopy, code- re code,
distribute
license, compress-zip & unzip, reverse the code, decompile or otherwise disassemble, rent,
lease,
sub-licence, adapt, vary or modify Evie Drive App. You may not remove any copyright or
trademark
USE OF EVIE DRIVE TAXI APP
- Following acceptance of these terms and conditions, you must
register and set up an account on Evie Drive App. Registration requires you to submit your name,
mobile
phone number, email address. You are able to amend certain information on Evie Drive App or by
contacting the administrator.
- You must pay one time or may register a debit or credit card, or
any
other digital payment available, to Evie Drive App in order to continue with the download of Evie
Drive
App. This will be not be stored on Evie Drive App but is securely stored on the payment gateway
which is
PCI-DSS Compliant. We, shall only charge your debit or credit card in the event of payment
authorized by
you before using the transport provider on agreed trip or upon cancellation in accordance with the
cancellation terms, applicable.
- Evie Drive App is mandated to make every attempt made by you to
fulfil the booking in said area of state of GOA however depending upon circumstances this is not
always
possible to achieve. You here abide that the fare estimate and estimated time of arrival are
approximations only and the actual fare and time of arrival are subject to traffic levels, the
weather
and the availability of transport providers & you should not have any objection on the said
subjects
or otherwise.
- The app is to be operated strictly by the person registered to
use
the app. Handing over the phone and operating the app by another person would amount to cancellation
of
registration.
- Please share the OTP with Driver only, when you sit in the
designated taxi cab being assigned to you from the system. Make sure that you identify the driver
with
the credentials given on your passenger app with driver details as Name, Vehicle Number & share
the
OTP when you are physically present in the cab.
- Night charges: If you happen to book a car from Evie Drive App
&
your trip is between 23:00 to 05:00 HRS then 35% night allowance will be levied over and above the
base
fare calculated additional GST @5% will be applicable.
- Allowance of the pet (service / non service animal) inside the
vehicle is at driver's discretion. Evie Drive App shall not be responsible for not acceptance of
the
pet either at the beginning or during an ongoing ride.
INTELLECTUAL PROPERTY
You acknowledge that all intellectual property rights in Evie Drive belong to us (M/s Evie Drive India Pvt. Ltd.), that
rights
in
Evie Drive are licensed (not sold) to you, and that you
have
no rights in, or to, Evie Drive other than the right
to
use it in accordance with the terms of this Licence
LIMITATION OF LIABILITY AS A RIDER (USER)
“Service Provider” means any person or agency delivering Taxi
services
through the Evie Drive / App which includes and
is
not restricted to Taxi operators / Taxi Drivers / Taxi Owners or any other person engaged in the
activity
related to taxi operations carried out in the state.
Limits of Liability
Evie Drive being a payment collection agent solely for the purpose of accepting
the
Service Fee from the User on behalf of the SERVICE PROVIDER and therefore merely a facilitator and an
intermediary, Evie Drive shall not be liable for the following:
- Personal injury, sickness, accident, death, loss, delay,
discomfort, increased expenses, incidental, consequential loss and/or damage or any kind of theft
how so
ever caused to the User or any person with the User or any third party during the activity involving
the
provisions of the Services.
- Any act, omission, default of the SERVICE PROVIDER or
personnel
and/or agent of the SERVICEPROVIDER who may be engaged in or concerned with the provisioning of the
services for the User or for any person with the User.
- The temporary or permanent loss of or damage to baggage or
personal
belongings howsoever caused including willful negligence on the part of any personnel or agent of
the
SERVICE PROVIDER.
- Any delay made in the fulfillment or the provisioning of the
services by the SERVICEPROVIDER.
- Failure on the part of SERVICE PROVIDER to accommodate the User
and
or offer complete fulfillment/provisioning of the services despite having a confirmed
booking/reservation for any reason whatsoever, including overbooking, change of activity, breakdown
of
machinery/equipment, technical snag, unavailability of resources, inclement weather or for any other
reason whatsoever.
Further, Evie Drive shall not be liable under any of the following, whether based
on
contract, tort or any other legal theory, even if a party has been advised of the possibility of such
damages:
- Any incidental, punitive, special, exemplary, consequential, or
other indirect damages of any type or kind; or
- The SERVICE PROVIDER’s or any third party’s property
damage, or loss or inaccuracy of data, or loss of business, revenue, profits, use or other economic
advantage.
Except for Evie Drive obligations to pay amounts due to the SERVICE PROVIDER,
Evie
Drive is not responsible for any of the above liability. In no event shall the liability of Evie Drive
exceed the amount of Service Fee actually paid to or due to Evie Drive in respect of the SERVICE
PROVIDER’S Services here under in the three month period immediately preceding the event giving
rise
to such claim.
HOW WE MAY USE YOUR PERSONAL INFORMATION
- During the registration process, you will be required to provide
us
with personal information in order to enable Evie Drive to function. This information will be stored
safely and securely on Evie Drive & the back end system. We will use the personal information
you
provided to us to facilitate communication between you and the transport provider, to monitor usage
of
Evie Drive and to process your payment following use of a transport provider.
- We may collect location data sent from your devices. Your
consent to
us processing and using your location data. You may stop us collecting such data at any time by
turning
off the location services settings but that will hamper our service offerings when you book the
trip.
- You will have the opportunity to restrict Evie Drive from
accessing
certain parameters of your mobile device(s) however you acknowledge that this may directly or
indirectly
impede the functioning of the service.
- We will implement appropriate technical and organizational
measures
to protect any personal data against unauthorized or unlawful processing and accidental loss or
damage.
- We will only give your personal information to third parties
where
the law either requires or allows us to do so.
CANCELLATION POLICY: For Passenger
This policy determines the cancellation Terms & Conditions for a passenger,
for
their trips to be taken.
PASSENGER
- In the event that you use Evie Drive, you indirectly authorizes
us
to make use of the Payment methods to book taxi which are normally done by Digital Payments like
debit
or credit card or cash. A standard cancellation fee to cover the cost of administering the booking
and
subsequent cancellation will be levied. The amount of the cancellation fee is a combination of
direct or
percentage based fees depending upon the scenarios generated. For now to start with it is a direct
fee.
- The cancellation fee shall be payable upon each booking which
is
made and subsequently canceled. The cancellation charges will be applied as per
the Cancellation
& Refund Pollicy.
- Cancellation of the transport provider anywhere in the state of
GOA,
should not be challenged in any court of law & that depending upon availability of vehicles
which is
completely accepted by you and you won’t held us liable for any action, whatsoever in this
respect.
- You are also to be informed that you need to pay the Parking
Charges
in Premium areas as this is cost to us like Dabolim Airport, Premium District Areas in GOA, etc..,
where
this kind of pricing is mandatory.
TERMINATION OF CONTRACT FOR EVIE DRIVE
- We may terminate this Licence at any time without notice. We may
also block your use of Evie Drive if you breach these terms and conditions
- You may terminate this Licence by deleting Evie Drive from your
mobile or other device(s).
EVENTS: FORCE MEJOUR
We in providing our Transport Services, which demand to have many thanks in
tandem
and needs to be arranged sometimes on the fly, we are not in any way responsible for any failure to
perform,
or delay in performance of, any of our transport obligations under this License that is caused by an
Event
Outside Our Control. An "Event Outside Our Control" means any act or acts including event
beyond
our reasonable control, including government strike through strike of drivers or government reason,
vehicle
not provided by Transporter, Any strike by the Transporter or any other event which is not under or
control
or any natural calamities like rains, heat or any other natural calamity.
OTHER IMPORTANT TERMS
- We may transfer our rights and obligations under this License to
another organization, but this will not affect your rights or our obligations under this
“License”
- Each of the conditions of this License operates separately. If
any
court or competent authority decides that any of them are unlawful or unenforceable, the remaining
conditions will remain in full force and effect
- As a consumer, please note that this License, its subject matter
and
its formation, are governed by Indian law. You and we both agree to that, any dispute arising would
be
settled in the court of law ONLY in the STATE of GOA jurisdiction
- If you wish to contact us, please write to us at the email
address
contact@eviedrive.com
- You need to have Wallet money in your app to pay for the
convenience
charges & booking to be done prepaid before you hatch the ride.
- This wallet called “EVIE DRIVE WALLET” is closed
loop
wallet & would not be used for any other purpose.
- You need to pay for the ride based on the standard traffic rate
notified by Directorate of Transport Government of GOA, prior to your travel
- Please note, we would be charging convenience fees over and
above
the
base fare computed as per the Distance travelled and fare notified by Directorate of Transport Goa,
which needs to be strictly paid prior to the booking.
CHANGES TO TERMS AND CONDITIONS
We reserve the right to amend these terms and conditions from time to time. You
will
be notified when there is a change to terms and conditions and you will be required to agree to any
amendments. In any event, your continued use of Evie Drive constitutes acceptance of such
changes.
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