Categories
Terms of Service
1. Contractual
Relationship
PLEASE READ THESE TERMS CAREFULLY
BEFORE ACCESSING OR USING THE SERVICES.
Your access and use of the Services
constitutes your agreement to be bound by these Terms, which establishes a
contractual relationship between you and Dryvar. If you do not agree to
these Terms, you may not access or use the Services. These Terms expressly
supersede prior agreements or arrangements with you. Dryvar may
immediately terminate these Terms or any Services with respect to you, or
generally cease offering or deny access to the Services or any portion thereof,
at any time for any reason.
Supplemental terms may apply to certain
Services, such as policies for a particular event, activity or promotion, and
such supplemental terms will be disclosed to you in connection with the
applicable Services. Supplemental terms are in addition to, and shall be deemed
a part of, the Terms for the purposes of the applicable Services. Supplemental
terms shall prevail over these Terms in the event of a conflict with respect to
the applicable Services.
Dryvar may amend the Terms
related to the Services from time to time. Amendments will be effective upon Dryvar posting of such updated Terms at this location or the amended policies or
supplemental terms on the applicable Service. Your continued access or use of
the Services after such posting constitutes your consent to be bound by the
Terms, as amended.
Our collection and use of personal
information in connection with the Services is as provided in Dryvar Privacy Policy. Dryvar may provide to a claims processor or an insurer
any necessary information (including your contact information) if there is a
complaint, dispute or conflict, which may include an accident, involving you
and a Third Party Provider (including a transportation network company driver)
and such information or data is necessary to resolve the complaint, dispute or
conflict.
2. The Services
The Services constitute a technology
platform that enables users of Dryvar’s mobile applications or websites
provided as part of the Services (each, an “Application”) to arrange and
schedule transportation and/or logistics services with independent third party
providers of such services, including independent third party transportation
providers and independent third party logistics providers under agreement with Dryvar or certain of Dryvar’s affiliates (“Third Party Providers”). Unless
otherwise agreed by Dryvar in a separate written agreement with you, the
Services are made available solely for your personal, noncommercial use.
License.
Subject to your compliance with these
Terms, Dryvar grants you a limited, non-exclusive, non-sublicensable,
revocable, non-transferrable 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,
noncommercial use. Any rights not expressly granted herein are reserved by Dryvar and Dryvar’ licensors.
Restrictions.
You may not: (i) remove any copyright,
trademark or other proprietary notices from any portion of the Services; (ii)
reproduce, modify, prepare derivative works based upon, distribute, license,
lease, sell, resell, transfer, publicly display, publicly perform, transmit,
stream, broadcast or otherwise exploit the Services except as expressly
permitted by Dryvar; (iii) decompile, reverse engineer or disassemble the
Services except as may be permitted by applicable law; (iv) link to, mirror or
frame any portion of the Services; (v) cause or launch any programs or scripts
for the purpose of scraping, indexing, surveying, or otherwise data mining any
portion of the Services or unduly burdening or hindering the operation and/or
functionality of any aspect of the Services; or (vi) attempt to gain
unauthorized access to or impair any aspect of the Services or its related systems
or networks.
Ownership.
The Services and all rights therein are
and shall remain Dryvar’s property or the property of Dryvar licensors.
Neither these Terms nor your use of the Services convey or grant to you any
rights: (i) in or related to the Services except for the limited license
granted above; or (ii) to use or reference in any manner Dryvar’ company
names, logos, product and service names, trademarks or services marks or those
of Dryvar’ licensors.
3. Your Use of the Services
User Accounts.
In order to use most aspects of the
Services, you must register for and maintain an active personal user Services
account (“Account”). You must be at least 18 years of age, or the age of
legal majority in your jurisdiction (if different than 18), to obtain an
Account. Account registration requires you to submit to Dryvar certain
personal information, such as your name, address, mobile phone number and age,
as well as at least one valid payment method (either a credit card or accepted
payment partner). You agree to maintain accurate, complete, and up-to-date
information in your Account. Your failure to maintain accurate, complete, and
up-to-date Account information, including having an invalid or expired payment
method on file, may result in your inability to access and use the Services or Dryvar’ termination of these Terms with you. You are responsible for all
activity that occurs under your Account, and you agree to maintain the security
and secrecy of your Account username and password at all times. Unless
otherwise permitted by Dryvar in writing, you may only possess one
Account.
User Requirements and
Conduct.
The Service is not available for use by
persons under the age of 18. You may not authorize third parties to use your
Account, and you may not allow persons under the age of 18 to receive
transportation or logistics services from Third Party Providers unless they are
accompanied by you. You may not assign or otherwise transfer your Account to
any other person or entity. You agree to comply with all applicable laws when
using the Services, and you may only use the Services for lawful purposes
(e.g., no transport of unlawful or hazardous materials). You will not, in your
use of the Services, cause nuisance, annoyance, inconvenience, or property
damage, whether to the Third Party Provider or any other party. In certain
instances you may be asked to provide proof of identity to access or use the
Services, and you agree that you may be denied access to or use of the Services
if you refuse to provide proof of identity.
Text Messaging.
By creating an Account, you agree that
the Services may send you text (SMS) messages as part of the normal business
operation of your use of the Services. You may opt-out of receiving text (SMS)
messages from Dryvar at any time. You acknowledge that opting out of
receiving text (SMS) messages may impact your use of the Services.
Promotional Codes.
Dryvar may, in Dryvar’ sole
discretion, create promotional codes that may be redeemed for Account credit,
or other features or benefits related to the Services and/or a Third Party
Provider’s services, subject to any additional terms that Dryvar establishes
on a per promotional code basis (“Promo Codes”). You agree that Promo Codes:
(i) must be used for the intended audience and purpose, and in a lawful manner;
(ii) may not be duplicated, sold or transferred in any manner, or made
available to the general public (whether posted to a public form or otherwise),
unless expressly permitted by Dryvar; (iii) may be disabled by Dryvar at any time for any reason without liability to Dryvar; (iv) may
only be used pursuant to the specific terms that Dryvar establishes for
such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your
use. Dryvar reserves the right to withhold or deduct credits or other
features or benefits obtained through the use of Promo Codes by you or any
other user in the event that Dryvar determines or believes that the use
or redemption of the Promo Code was in error, fraudulent, illegal, or in
violation of the applicable Promo Code terms or these Terms.
User Provided
Content.
Dryvar may, in Dryvar’ sole
discretion, permit you from time to time to submit, upload, publish or
otherwise make available to Dryvar 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 Dryvar, you grant Dryvar a worldwide, perpetual, irrevocable,
transferrable, 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 Dryvar 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 Dryvar 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 Dryvar’ 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, libellous, hateful, violent, obscene, pornographic,
unlawful, or otherwise offensive, as determined by Dryvar in its sole
discretion, whether or not such material may be protected by law. Dryvar may, but shall not be obligated to, review, monitor, or remove User Content, at
Dryvar’ 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. Dryvar 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.
4. Payment
You understand that use of the Services
may result in charges to you for the services or goods you receive from a Third
Party Provider (“Charges”). After you have received services or goods obtained
through your use of the Service, Dryvar will facilitate your payment of
the applicable Charges on behalf of the Third Party Provider as such Third
Party Provider’s 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 Provider. Charges may include other applicable fees, tolls, and/or
surcharges including a booking fee, national, provincial and municipal tolls,
airport surcharges and processing fees for split payments, and will be
inclusive of applicable taxes where required by law. Charges paid by you are
final and non-refundable, unless otherwise determined by Dryvar. You
retain the right to request lower Charges from a Third Party Provider for
services or goods received by you from such Third Party Provider at the time
you receive such services or goods. Dryvar will respond accordingly to
any request from a Third Party Provider to modify the Charges for a particular
service or good.
All Charges are due immediately and
payment will be facilitated by Dryvar using the preferred payment method
designated in your Account, after which Dryvar will send you a receipt by
email. If your primary Account payment method is determined to be expired,
invalid or otherwise not able to be charged, you agree that Dryvar may,
as the Third Party Provider’s limited payment collection agent, use a secondary
payment method in your Account, if available.
As between you and Dryvar, Dryvar reserves the right to establish, remove and/or revise Charges for any or
all services or goods obtained through the use of the Services at any time in Dryvar sole discretion. Further, you acknowledge and agree that Charges
applicable in certain geographical areas may increase substantially during
times of high demand. Dryvar will use reasonable efforts to inform you of
Charges that may apply, provided that you will be responsible for Charges
incurred under your Account regardless of your awareness of such Charges or the
amounts thereof. Dryvar may from time to time provide certain users with
promotional offers and discounts that may result in different amounts charged
for the same or similar services or goods obtained through the use of the
Services, and you agree that such promotional offers and discounts, unless also
made available to you, shall have no bearing on your use of the Services or the
Charges applied to you. You may elect to cancel your request for services or
goods from a Third Party Provider at any time prior to such Third Party Provider’s
arrival, in which case you may be charged a cancellation fee.
This payment structure is intended to
fully compensate the Third Party Provider for the services or goods provided.
You understand and agree that, while you are free to provide additional payment
as a gratuity to any Third Party Provider who provides you with services or
goods obtained through the Service, you are under no obligation to do so.
Gratuities are voluntary. After you have received services or goods obtained
through the Service, you will have the opportunity to rate your experience and
leave additional feedback about your Third Party Provider.
5. Disclaimers;
Limitation of Liability; Indemnity.
DISCLAIMER.
THE SERVICES ARE PROVIDED “AS IS” AND
“AS AVAILABLE.” DRYVAR 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, DRYVAR 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. DRYVAR DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD
PARTY PROVIDERS. 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 LAW.
LIMITATION OF
LIABILITY.
DRYVAR 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 DRYVAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. DRYVAR SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES 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 PROVIDER, EVEN IF DRYVAR HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. DRYVAR SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN
PERFORMANCE RESULTING FROM CAUSES BEYOND DRYVAR REASONABLE CONTROL.
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 LAW.
Indemnity.
You agree to indemnify and hold Dryvar 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) Dryvar use of your User
Content; or (iv) your violation of the rights of any third party, including
Third Party Providers.
6. Other Provisions
Notice.
Dryvar may give notice by means
of a general notice on the Services or electronic mail to your email address in
your Account. You may give notice to Dryvar by email to Dryvar address
at support@dryvar.com.
General.
You may not assign or transfer these
Terms in whole or in part without Dryvar prior written approval. You give
your approval to Dryvar for it to assign or transfer these Terms in whole
or in part, including to: (i) a subsidiary or affiliate; (ii) an acquirer of Dryvar equity, business or assets; or (iii) a successor by merger. No joint
venture, partnership, employment or agency relationship exists between you, Dryvar or any Third Party Provider as a result of the contract between you and Dryvar 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.”