1. Contractual Relationship
Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and Designated Driver. If you do not agree to these Terms, you may not access or use the Services.
Designated Driver may amend the Terms related to the Services from time to time.
Amendments will be effective upon Designated Driver’s posting of such updated Terms at this location. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.
2. The Services
The Services constitute a technology platform that enables users of Designated Driver’s mobile applications or websites provided as part of the Services (each, an “Application”) to arrange and schedule driver services with third-party providers of such services (“Driver Services”) which are independent companies under agreement with Designated Driver (“Third Party Driver Companies”). Unless otherwise agreed by Designated Driver in a separate written agreement with you, the Services are made available solely for your personal, non-commercial use. YOU ACKNOWLEDGE THAT DESIGNATED DRIVER IS NOT A DRIVER COMPANY, DOES NOT EMPLOY ANY DRIVERS, DOES NOT PROVIDE DRIVER SERVICES AND THAT ALL DRIVERS ARE PROVIDED BY THIRD PARTY DRIVER COMPANIES.
Subject to your compliance with these Terms, Designated Driver grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, non-commercial use. Any rights not expressly granted herein are reserved by Designated Driver and Designated Driver’s licensors.
3. Your Use of the Services
In order to use the Services, you must register for and maintain an active personal user Services account (“Account”). You must be at least 18 years of age. Account registration requires you to submit to Designated Driver certain personal information, such as your name, email address, and mobile phone number. You are responsible for all activity that occurs under your Account. You may only possess one Account.
User Requirements and Conduct
You are only allowed to make use of our Services in relation to a car of which you are either the owner of or of which the owner has consented that you use the Services in relation to it (“Your Car”).
YOU MAY ONLY USE THE SERVICES IF YOUR CAR IS INSURED WITH FULL COMPREHENSIVE MOTOR VEHICLE INSURANCE THAT ALLOWS ANYONE WITH A VALID UAE DRIVER’S LICENSE TO DRIVE THE VEHICLE.
You may only use our Services in relation to Your Car:
- if Your Car is in compliance with the laws and the regulations.
- if Your Car is has been regularly maintained and serviced according to the manufacturer’s recommendations, has all the required safety equipment.
- all of the car’s equipment is in good working order, including tires, brakes, headlights, other lights, steering, and seat belts.
You will not, in your use of the Services, cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Driver Companies or any other party.
By creating an Account, you agree that the Services may send you notifications as part of the normal business operation of your use of the Services. You acknowledge that disabling notifications on your mobile device will impact your use of the Services adversely.
Designated Driver may create vouchers that may be redeemed for credit against the price of a trip, or other features or benefits related to the Services and/or a Third Party Driver Companies’ services, subject to any additional terms that Designated Driver establishes (“Vouchers”). You agree that Vouchers: (i) may be disabled by Designated Driver at any time for any reason without liability to Designated Driver; (ii) may only be used pursuant to the specific terms that Designated Driver establishes for such Vouchers; (iii) are not valid for cash; (iv) may expire prior to your use; and (v) not to forge Vouchers.
In order to redeem a voucher you need to register it in the Application by scanning the QR code before a trip finishes. The Voucher with the earliest expiry date that you have registered in the Application will be automatically redeemed when the trip finishes. The credit given will not exceed the Charge for the trip and any unused value expires at the end of trip and consequently cannot be used for another trip.
Designated Driver reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Vouchers by you or any other user in the event that Designated Driver determines or believes that the use or redemption of the Voucher was in error, fraudulent, illegal, or in violation of the applicable Voucher terms or these Terms.
User Provided Content
Designated Driver may, in Designated Driver’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Designated Driver through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions (“User Content”). Any User Content provided by you remains your property.
However, by providing User Content to Designated Driver, you grant Designated Driver a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Designated Driver’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant Designated Driver the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor Designated Driver’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You agree to not provide User Content that is defamatory, libelous, defamatory, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Designated Driver in its sole discretion, whether or not such material may be protected by law. Designated Driver may, but shall not be obligated to, review, monitor, or remove User Content, at Designated Driver’s sole discretion and at any time and for any reason, without notice to you.
Network Access and Devices
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. Designated Driver does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
You understand that use of the Services will result in charges to you for the Driver Services you receive from a Third Party Driver Companies (“Charges ”). All rates quoted by Designated Driver in the mobile app are set by the Third Party Driver Companies that provide the drivers. After you have received Driver Services provided by the Third Party Driver Companies and obtained through your use of the Service you are required to pay the Third Party Driver Companies, as represented by the driver, the charges you were quoted when you sent a booking request through the use of our Services. Designated Driver may facilitate your payment of the applicable Charges on behalf of the Third Party Driver Companies as such Third Party Driver Companies’ limited payment collection agent. Payment of the Charges in such manner shall be considered the same as payment made directly by you to the Third Party Driver Companies. Charges will be inclusive of VAT where applicable. Charges paid by you are final and non-refundable.
Designated Driver will quote you the Charges, without taking into account any discounts that you may be able to avail yourself off by way of using Vouchers, before making a booking request. The value of the Voucher, with the earliest expiry date that you have registered in the Application before the trip finishes will be automatically deducted from the Charges to calculate the amount payable (only to the extent that its value doesn’t exceed the Charge for the trip). The amount is payable when the trip commences and due immediately at the end of a trip.
You may elect to cancel your request for Driver Services from a Third Party Driver Company at any time prior to the start of the trip without incurring a charge. However, after you have approved a booking request that was accepted by the Third Party Driver Company doing so will mean that a “no-show” will be recorded on your profile. You can still cancel without a no-show being recorded however if the driver arrives more than 20 minutes late. If a driver has to wait for more than 15 minutes after his arrival at the pickup location he may cancel the booking request; in this case a no-show will be recorded on the passenger’s profile. Third Party Driver Company can decide to filter out future booking requests of passengers with a high no-show percentage or charge more than they otherwise would. We will keep track of the average time that a driver has to wait for you after he has arrived at the pickup location (or after the booking time if later). Third Party Driver Company can decide to filter out future booking requests of passengers with a high average delay or charge more than they otherwise would.
After you have completed a trip booked through the Service, you will have the opportunity to rate your experience and additional feedback about our Services as well as the driver.
When you take out a subscription you will be provided with a broader selection of drivers when using our Applications. Specifically, we will search for the drivers in the vicinity that can offer the lowest fare to your destination, and display these. In order to become a subscriber you need to register your credit card which will be charged a monthly subscription fee. All amounts are payable and charged for a monthly subscription at the beginning of the subscription and, because each such subscription renews automatically for another month until you cancel it, at the end of each renewal until you cancel. You must cancel your monthly subscription via the mobile app. You will not receive a refund for the fees you have already paid for your current subscription period and you will continue to receive the subscription services until the end of your current subscription period.
5. Disclaimers; Limitation of Liability; Indemnity
The services are provided “as is” and “as available.” Designated driver disclaims all representations and warranties, express, implied or statutory, not expressly set out in these terms, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement. In addition, Designated Driver makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability or availability of the services or any services or goods requested through the use of the services, or that the services will be uninterrupted or error-free. Designated Driver does not guarantee the quality, suitability, safety or ability of Third Party Driver Companies.
You agree that the entire risk arising out of your use of the services, and any service or good requested in connection therewith, remains solely with you, to the maximum extent permitted under applicable UAE law.
Limitation of Liability
Designated Driver shall not be liable for indirect, incidental, special, exemplary, punitive or consequential damages, including lost profits, lost data, personal injury or property damage related to, in connection with, or otherwise resulting from any use of the services, even if Designated Driver has been advised of the possibility of such damages. Designated Driver shall not be liable for any damage, liability, theft, or loss arising out of: (i) your use of or reliance on the services or your inability to access or use the services; or (ii) any transaction or relationship between you and any Third Party Driver Companies, even if Designated Driver has been advised of the possibility of such damages. Designated Driver shall not be liable for delay or failure in performance.
Designated Driver’s services may be used by you to request a driver for your car with Third Party Driver Companies, but you agree that Designated Driver has no responsibility or liability to you related to any Driver Services provided to you by Third Party Driver Companies other than as expressly set forth in these terms.
YOU ARE RESPONSIBLE FOR CLAIMING REIMBURSEMENT OF THE COST OF ANY DAMAGES UNDER THE TERMS OF INSURANCE POLICIES YOU HAVE CONCLUDED.
YOU AGREE NOT TO HOLD DESIGNATED DRIVER LIABLE FOR ANY DAMAGE, LOSS, AND INJURY TO YOUR VEHICLE, PERSONS, OR PROPERTY.
You agree not to hold Third Party Driver Companies, nor the drivers provided by it, liable for any damage, loss, and injury to Your Car, persons, or property in case the relevant authorities decided that the driver provided by it was not at fault. YOU AGREE NOT TO HOLD THIRD PARTY DRIVER COMPANIES, NOR THE DRIVERS PROVIDED BY IT, LIABLE FOR ANY DAMAGE, LOSS, AND INJURY TO YOUR CAR, PERSONS, OR PROPERTY EXCEEDING THE AMOUNT OF THE EXCESS PROVIDED FOR BY YOUR FULL COMPREHENSIVE MOTOR VEHICLE INSURANCE OR AED 500 PER INCIDENT, WHICHEVER AMOUNT IS LOWER. You agree to safeguard valuable items in Your Vehicle and not to hold Third Party Driver Companies liable for theft by drivers provided by them.
The limitations and disclaimer in this section 5 do not purport to limit liability or alter your rights as a consumer that cannot be excluded under applicable UAE law.
You agree to indemnify and hold Designated Driver and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) Designated Driver’s use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Driver Companies.
6. Governing Law
Except as otherwise set forth in these Terms, these Terms shall be exclusively governed by and construed in accordance with the laws of Dubai.
7. Other Provisions
Designated Driver may give notice by means of electronic mail to your email address in your Account. You may give notice to by means of electronic mail to firstname.lastname@example.org.
You may not assign or transfer these Terms in whole or in part without Designated Driver’s prior written approval. You give your approval to Designated Driver for it to assign or transfer these Terms in whole or in part, including to: (i) a subsidiary or affiliate; (ii) an acquirer of Designated Driver’s equity, business or assets; or (iii) a successor by merger. No joint venture, partnership, employment or agency relationship exists between you, Designated Driver or any Third Party Driver Companies as a result of the contract between you and Designated Driver or use of the Services.
If any provision of these Terms is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms but the legality, validity and enforceability of the other provisions in these Terms shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Terms. These Terms constitute the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter. In these Terms, the words “including” and “include” mean “including, but not limited to.”
Cambrian Hub Technologies FZE, TechnoHub 1, Block B, G111D, Dubai Silicon Oasis, Dubai, UAE