Last updated: July 28, 2022
Welcome to our mobile app and/or our Website. DriverKing is a technology-based service provider that 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 mobile Application and Website. The Service is designed to provide you with information and an option to obtain short-term, individual driver solutions to arrange round-trip and point-to-point driver services at your request. As the User, you authorise DriverKing to control your vehicle and take decisions on your behalf for an amount of time set by you.
This T&C is an agreement between DriverKing ("DriverKing," "we," "us," or "our") and you, which governs your Use of the DriverKing Application and Website. This Agreement is applicable for all users unless it is specified accordingly. All T & Cs apply to you, and the term of Use binds you If you continue to browse the Website (www.driverking.in) and/or use the Mobile Application.
"DriverKing," "we," "our," and "us" shall mean DriverKing or Driverking's website/application;
"You," yourself / yourselves, and here "your" shall mean a Driverking's website/application User who fulfills the eligibility criteria explained below;
"Application" shall mean the Mobile Application Developed by DriverKing and downloaded and installed by you on your single mobile device (smartphone);
"Driver" or "Drivers" shall represent the Driver interacting with you by using Driverking's 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 services 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.driverking.in.
Driverking offers skilled drivers to its users at their doorstep. Our services are available 24*7, and a user can book a driver according to their need. We don't offer just drivers; we offer trust and safety; before providing any driver to users, we conduct a skills Exam and follow a comprehensive documentation process.
1.4. Every Service provided by users on any of the customized services of DriverKing is a separate contract between these individuals. DriverKing is a tech company that does not offer any services for customers to order the hotel or Service provided by DriveKing directly. In addition, DriverKing does not function as a transport or company that provides courier services. It is up to third-party service providers to offer services to you, and it is your responsibility to take advantage of them. The purpose of DriverKing is to connect you with these service providers. Still, it does not intend to provide these services or perform any other activity that could be understood as an individual service provider act.
1.5. DriverKing is not responsible nor liable for the acts and/or omissions of any service provider to you.
1.7. 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 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 to ridicule, abuse, or damage another individual or to contact, advertise to, solicit, or sell to another person outside of the Site without Our prior explicit consent. To protect Our users from such advertising or solicitation, We reserve the right to restrict the number of messages or emails a user may send to other users in any 24-hour period, which We may deem appropriate in Our sole discretion.
1.8. 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 the investigation of alleged illegal activity or solicitation of criminal activity or response to a lawful court order or subpoena. In addition, We can (and You at this moment 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.
1.9. 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 the temperament or letter of these T&Cs. Notwithstanding this right, YOU STAY SOLELY ACCOUNTABLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE SITE/application 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 the Use of Content and/or formation of Content on the Site. You now 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.
1.10. Your correspondence or business dealings with, or participation in promotions of, third-party advertisers found on or through the Site/application, 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 incurred as the outcome of any such dealings or the actuality of such third-party advertisers on the Site.
1.11. Other users (including unauthorized users or "hackers") may post or transmit offensive or obscene materials on the Site. As a result, you may be involuntarily exposed to such offensive and obscene materials. In addition, others can obtain personal information about You on the public forum due to your Use of the Site. The recipient may use such information to harass or injure You. We disapprove of such unauthorized usefulness but by using the Site. You admit and approve that We shall not be answerable for the Use of any personal report that You publicly reveal or share with others on the Site. Please carefully select the type of information that You publicly reveal or share with others on the Site or from the Site on other social platforms (e.g., but not limited to Facebook).
1.12. 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).
1.13. Driverking's performance of this T&Cs is subject to existing laws and legal processes of the Government of India, and nothing contained in the T&C is in derogation of Driverking's right to comply with law enforcement requests or requirements relating to your Use of this Service or information provided to or gathered by Driverking concerning such Use. You agree that Driverking may provide details of your Use of the Service to regulators or police, or any other third party or resolve disputes or complaints at the Service at Driveking's discretion.
1.14. This Agreement constitutes the Agreement between the Customer and the D4M Wallet payment service. It supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the Customer concerning this Service. A printed version of the T&C and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the T&C to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
1.15. Each User may be issued a personal identification number (PIN) to enable the User of services to access their Account on the Internet and avail of any privilege, benefit, or Service that may be offered by or to make transactions using SMS. The PIN will be communicated to the Cardholder at their risk, who shall not disclose the PIN to any person and shall take all possible care to avoid its discovery. The User shall be liable for all transactions made using the PIN, whether with or without the Cardholder's knowledge. Reserves the right to refuse transactions if it believes that the PIN is being misused or used without appropriate authorization.
2.1. When using your Account, you represent and guarantee that you can legally accept and consent to the Terms of Service and are at least 18 years old. Without limiting the scope of the above, and in addition, it is a condition that the Service is not accessible to those who are not permitted for any reason to enter into a contractual relationship. When you use your Account, you affirm as a warranty that you possess the authority, right, and ability to use the Service and to comply with the Terms of Service. You further warrant that all information you supply to DriverKing is authentic and correct. You confirm that you are using the Service for your exclusive personal Use. You agree not to permit others to use your name or user account, and you cannot transfer or assign your user account to another individual or entity. While you use the Service, you must comply with all applicable laws, regardless of whether they are in your birthplace country or in the state, government, and city where you reside when you use the Service.
2.2. You are only able to access the Service through authorized means. Your responsibility is to confirm and verify that you've downloaded the appropriate Software to your particular device. DriverKing is not responsible if you do not own the correct machine or if you downloaded the incorrect version of the Software to your device. Driverking reserves the option not to access the Service or attempt to use the Application or the Software using an incompatible or unauthorized device or for any other purpose than the Software or the Application designed to be used.
2.3. If you are a service provider, you further represent the warrant or guarantee that you hold an active license and all the necessary certificates, licenses, approvals, and certificates. As a driver, you must notify DriverKing if you stop having the above rights and permissions, credentials, and certifications.
3.1. The payment order is confined to Use for each tailored Service.
3.2. You confirm that this Agreement shall be subject to all prevailing statutory taxes, duties, fees, charges, and costs, denominated, as may be in force and in reference with any future taxes that may be presented at any time. You further compromise to use your most sensible efforts to do everything essential and required by the appropriate laws to enable, assist and defend Driverking to declare or confirm any input tax credit, set off, reimbursement or refund in respect of any taxes paid or expected in association with the Services provided under this Agreement.
3.3. You are responsible for collecting and remission all taxes associated with the services you provide or receive or any transactions through your Use of the Services. Driverking will not be held accountable for any transactions between the passengers and the drivers where tax-related misconduct has occurred.
3.4. Driverking may at any time propose changes to the fee. When Driverking does that, it will provide you with a reasonable notification. Your continued use of the Application and the Services after the notice period will constitute your acceptance of the updated fees.
4.2. Limitations and conditions. You are not authorized to (a) remove any copyright, trademark, or other proprietary notifications from any part of the Services; (b) revise, create derivative works based upon, duplicate, distribute, license, lease, sell, resell, transfer, publicly display, stream, broadcast or otherwise use the Services unless given a written consent to do so by Driverking; (c) reverse engineer, decompile, disassemble or otherwise attempt to discover or change the source code of the Services besides as may be allowed by appropriate law; (d) frame, connect to or mirror any part of the Services; (e) cause or run any programs or scripts for scraping, indexing, surveying or manipulating any other form of data collecting on any part of the Services or consciously overloading or restraining the operation and/or functionality of any element of the Services; or (f) try to attain unauthorized access to or risk to deterioration any part of the Services or its interconnected systems or networks.
4.3. You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Application and/or the Software in any way; (ii) modify or make derivative works based on the Application and/or the Software; (iii) create internet "links" to the Application or "frame" or "mirror" any Software on any other server or wireless or internet-based device; (iv) reverse engineer or access the Software in order to (a) build a competitive product or Service, (b) build a product using similar ideas, features, functions or graphics of the Application and/or the Software, or (c) copy any ideas, features, functions or graphics of the Application and/or the Software, (v) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Application and/or the Software, (vi) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the Services or its contents; (vii) post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights, (viii) remove any copyright, trademark or other proprietary rights notices contained in the Service.
4.4. You may use the Software and/or the Application only for your purpose and shall not use the Software and/or the Application to (i) send spam or otherwise repetitive or uninvited messages; (ii) send or store infringing, indecent, menacing, defamatory, or otherwise wrongful or tortious material, including but not limited to materials harmful to children or violative of third party privacy rights; (iii) send material having software viruses, worms, trojan horses or other damaging computer code, files, scripts, agents or programs; (iv) interrupt with or disrupt the virtue or interpretation of the Software and/or the Application or the data included therein; (v) endeavor to attain unauthorized entry to the Software and/or the Application or its interconnected systems or networks; or (vi) simulate any person or entity or otherwise misrepresent your affiliation with a person or entity.
4.5. You should forgo any manners that could damage Driverking's reputation or amount to being disparaging or bringing Driverking into disrepute.
5.1. All text, photographs, trademarks, logos, sounds, graphics, user interfaces, visual interfaces, music, artwork, and computer code (collectively, "Content"), including but not specified to the design, structure, expression,selection, coordination, "look and feel" and interpretation of such Content, organized 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.
5.2. 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 another medium for publication or distribution or any commercial enterprise, without Our express prior written consent.
5.3. You may use the information on Our services purposely made available by Us for downloading from the Site, provided that You:
6.1. Regarding the Use of Driverking and your participation in the Services, you agree that, while on the Application or otherwise using the Service, you will not:
7.1. You shall maintain in confidence all information and data relating to Driverking, its services, products, business affairs, marketing, and promotion plans or other operations and its associated companies which are disclosed to you by or on behalf of Driverking (whether orally or in writing and whether before, on or after the date of this Agreement) or which are differently directly or indirectly acquired by you from Driverking, or any of its affiliated companies, or created in the course of this Agreement ("Confidential Information"). You shall further ensure that you, your officers, employees, and agents only use such confidential information to perform the Services and shall not, without Driverking's prior written consent, disclose such information to any third party nor use it for any other purpose. You shall only disclose such information to officers, employees, and agents as needed to fulfill its obligations under this Agreement.
7.2. You agree to take all reasonable measures to protect the secrecy of and avoid disclosure or Use of Confidential Information of Driverking to prevent it from falling into the public domain. Notwithstanding the above, you shall not have liability to Driverking concerning any Confidential Information which you can prove was in the public domain at the time it was disclosed by Driverking or has entered the public domain through no fault of yours; was known to you, without restriction, at the time of disclosure, as demonstrated by files in existence at the time of exposure; is disclosed with the prior written approval of Driverking; becomes known to you, without restriction, from a source other than Driverking without breach of this Agreement by you and otherwise not in violation of Driverking's rights; or is disclosed under the order or requirement of a court, administrative agency, or other governmental body; provided, however, that you shall give prompt notice of such court order or need to Driverking to enable Driverking to seek a protective order or otherwise prevent or restrict such disclosure.
8.1. You agree and consent to Driverking using and processing your Personal Data for the purposes and in the manner as identified hereunder.
8.2. For this Agreement, "Personal Data" means information about you from which you are identifiable, including but not limited to your name, identification card number, address, telephone number, credit or debit card details, gender, date of birth, email address, any information about you which you have provided to Driverking in registration forms, application forms or any other similar forms and/or any information about you that has been or may be collected, stored, used and processed by Driverking from time to time and includes Sensitive Personal Information.
8.4. You agree that Driverking may send you push notifications and emails and contact you by telephone or text messages (including by an automatic telephone dialing system) at any of the phone numbers provided by you or on your behalf in connection with a Driverking account, including for marketing purposes. You understand that you are not required to provide this consent as a condition of purchasing any property, goods, or services from Driverking.
10.1. Driverking MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICES, APPLICATION, AND/OR THE SOFTWARE. DRIVERKING DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICE, APPLICATION, AND/OR THE SOFTWARE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIALS PURCHASED OR OBTAINED BY YOU THROUGH THE APPLICATION WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS IN THE APPLICATION AND/OR THE SOFTWARE WILL BE CORRECTED, OR (F) THE APPLICATION OR THE SERVER(S) THAT MAKE THE APPLICATION AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (G) THE APPLICATION AND/OR THE SOFTWARE TRACKS YOU OR THE VEHICLE USED BY THE TRANSPORTATION PROVIDER. THE SERVICE IS PROVIDED TO YOU STRICTLY ON AN "AS IS" BASIS.
10.2. Without limiting the Application of the Indian Consumer Law and any other applicable laws, all conditions, representations, and warranties, whether express, implied, statutory, or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are at this moment excluded and disclaimed to the most significant and maximum extent. Driverking makes no representation, warranty, or guarantee as to the reliability, safety, timeliness, quality, suitability, or availability of any services, including but not limited to the third-party transportation services obtained by or from third parties through the Use of the Service, Application and/or the Software. You acknowledge and agree that the entire risk arising out of your Use of the Service, and any third-party services, including but not limited to the third-party transportation services, remains solely and absolutely with you. You shall have no recourse whatsoever to Driverking.
10.3. The Service, Application, and/or the Software may be subject to limitations, delays, and other problems inherent in the Use of the Internet and electronic communications, including the device used by you or the third party transportation provider being faulty, not connected, out of range, switched off or not functioning. Driverking is not responsible for delays, delivery failures, damages, or losses resulting from such problems.
11.1. The information, recommendations, and/or Services provided to you on or throughthe Website/Application are for general information and do not constitute advice. Driverking 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.
11.2. Driverking 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.
11.3. Driverking 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.
11.4. Without prejudice to the preceding, and in so far as allowed under applicable mandatory law, Driverking's aggregate liability shall in no event exceed the equivalent of the amount for the payment of the Services.
11.5. 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. Driverking under no circumstance accepts liability in connection with and/or arising from the Services offered by the Driver or any acts, actions, behavior, conduct, and/or negligence on the part of the Driver.
11.6. 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").
11.7. 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 because 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.
11.8. 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.
11.9. If we reasonably believe 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, Driverking reserves the right to seek compensation from any such Users.
11.10. Driverking 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 additional information or offer in or in connection with the Service.
11.11. Offers are subject to Driverking's discretion and may be withdrawn at any time and without notice.
Small data files known as cookies are widely used as anonymous, unique identifiers. These are downloaded by your browser from the websites you visit into the internal memory of your device. This service does not specifically use these "cookies." The app may include third-party libraries and code in order to collect data and improve their services. Drivers are notified when one of these cookies is being delivered to your device, and they can choose to accept it or reject it. If you choose to reject our cookies, you might not be able to use all of our Services.
12.1. Driverking has the right to manage User data, including name, contact information, and other details to stimulate Services or Use of its platform to avail Services. All information gathered from the User is on a bona fide basis. Misuse and misrepresentation of individualism or contact details will lead to automatic cessation of Services or the Use of the platform without prior notice to such Users.
12.2. User accounts bearing contact numbers and email IDs are created and owned by Driverking. 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.
12.3. If the system cannot establish a user's unique identity against a valid mobile number or email ID, the Account shall be indefinitely suspended. Driverking reserves the complete discretion to suspend a user's Account in the above event and does not have the liability for sharing any account information whatsoever.
13.1. Any dispute, controversy, or claim arising from 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 (Mention the specific days) calendar days, the matter would be referred to Arbitration under the provisions of the Arbitration and Conciliation Act, 1996. The Arbitration shall be presided over by a sole arbitrator mutually appointed by Us and the User.
13.2. The arbitration proceedings shall be conducted in the English language. The venue for the arbitration proceedings shall be (Mention the place of Arbitration)
13.3. These T&Cs shall be governed by and construed following the laws of India. You and we agree that any controversy or claim arising from or relating to these T&Cs will be adjudicated exclusively before a competent court in (State) India only.
14.1. 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 Our sole discretion. Any changes will be effective upon posting the revisions on the Site, and We may send You an automated email to Your registered email ID or SMS informing you about the changes made. You would be required to view the modified changes on the Internet. You are deemed to have agreed to the amendment/change by keeping or using the Service after notification. If You do not agree with any amendment of the terms and conditions, You may cancel the Service by informing in writing to Driverking or closing your Account on the Internet or by SMS.
14.2. 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.
14.3. We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these T&Cs, at any time without 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.
We respect the intellectual property of others. However, in case You feel that your work has been copied in a way that constitutes copyright infringement, you can write to Us at contact@Driverking.in. Severability.
Suppose any part of these T&Cs is invalid or unenforceable under the Applicable Laws. In that case, the feeble or unenforceable requirements will be deemed substituted by a valid, enforceable requirement that most closely matches the intent of the original provision, and the remainder of these T&Cs will continue in effect.