TERMS AND CONDITIONS
PLEASE READ THESE TERMS OF SERVICE
CAREFULLY BEFORE ACCESSING OR USING THE APP OR WEBSITE AS THEY CONTAIN
IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE
TERMS SHOULD BE READ AND ACCEPTED IN CONJUCTION WITH THE SUPPLEMENTAL TERMS
WHICH TOGETHER CONSTITUTE A SINGLE SET OF TERMS AND CONDITIONS FOR THE USE OF
THE DRYVE PLATFORM, APP AND/OR WEBSITE.
A. KEY TERMS AND DEFINITIONS
I. The definitions and rules of interpretation
in this clause apply to all provisions of the Terms and Conditions and
Supplemental Terms (together the “Terms”):
1. “Accept” refers to Accept, a subsidiary of
PayMob, with the web-address of: https://www.weaccept.com. Accept is an omnichannel
gateway for payment services. Cash exchanges are conducted through Aman,
Masary, and any other payment affiliate the Accept uses from time to time. The
firm currently conducts Dryve’s e-payment facilitation of all Charges;
2. “Accommodation Fee” refers to the added
Service, accounted for in Additional Ryde Charges and in total Ryde Charges,
payable by Ryders to Dryvers as a form of compensation for Overnight Stay
during Travel Rydes. Accommodation Fees vary depending on the city or
governate;
3. “Additional Ryde Charges” refers to any
expense in addition to Ryde Charges with relation to a specific Ryde and the
parameters of its Request. Additional Ryde Charges can be Accommodation Fees,
Surplus Mileage fees, Overtime fees, cancellation fees, Penalties or any other
expenses Dryve levies for added Services;
4. “Allianz” refers to Allianz Insurance
Company- Egypt with the web address: https://www.allianz.com.eg/en_GB.html.
Allianz Egypt is a subsidiary of Allianz SE with headquarters in Munich.
Allianz is interchangeably referred to as the Insurer with reference to the
partnership with Dryve as detailed in the Insurance
Policy Terms;
5. “App” refers to both the Dryve and Ryde
applications, the medium by which Dryve offers its Services to Users. App may
be used interchangeably to refer to applications and/or the Dryve Platform;
6.
“Booking”
refers to the arrangement conducted and agreed to by a Renter and an Owner in
relation to the rental of a Vehicle in accordance with the provisions of these
Terms and as stated in the Dryve Model Rental Agreement;
7.
“Car”
refers to the Cars listed by Owners and/or Dryvers on the App pending both
verification by Dryve and the selection of rental preferences made by the Owner
and/or Dryver;
8.
“Claim”
refers to a formal request sent by Users and/or Dryve to the Insurer for the
Insurance Coverage to take effect for compensation for a Covered loss or damage
to a Vehicle;
9. “Contact
Information” means the definition given in Clause B.2. The collection and use
of such is as stated in the Privacy Policy;
10. “Daily
Rate” refers to the monetary amount Owners set for the rental of their Vehicle
for one day. A Vehicle’s Market Value is a direct factor for its Daily Rate.
Owners select their preferred Daily price from a scale based on the Vehicle’s
Market Value;
11. “Deductible”
is the first loss payment and is the amount of money required by the Insurer to
be paid by the Renter under Insurance Coverage in the event a Claim has been
approved;
12. “Disciplinary
Action” refers to the actions taken by the Dryve team in response to misuse and
general dismissive behaviour among Users. The actions leading to and the
Disciplinary Actions taken are outline in Exhibit A and B;
13. “Driving
Experience” refers to past chauffeuring experiences attained through limousine
companies or independently. Users are required to submit documents certifying
past chauffeuring experience to successfully register as Dryvers;
14. “Drop-off” refers to the
agreed upon date, time, and location whereby both
Users meet, diligently inspect the Vehicle, complete the Drop-off Inspection
Form, and the Renter hands back over the Vehicle to the Owner, marking the end
of the Rental Period;
15. “Drop-off
Charges” refers to the additional charges incurred by the Renter throughout the
Trip. Drop-off Charges encompass excess mileage fees, unfilled fuel, late fees,
Penalties, Deductibles, and or Personal Insurance Fees in the event of a Claim;
16. “Dryve
Agreement” refers to the agreement concluded between Dryve and the Renter governing
the relation between them whereby Dryve approves the registration of the Renter’s
on the App against the Renter’s fulfillment of his/her obligation thereunder;
17. “Dryve
Commission” means, in relation to a Booking, the sum equivalent to Service Fees
less the insurance premium;
18.
“Dryve
Model Rental Agreement” means the model required to be used by the Owner and
the Renter representing all Booking information as displayed on the App and/or
email;
19.
“Dryver”
refers to any User who has filled in all mandatory fields in the Dryver’s
registration form on the App in a manner that is both accurate and valid, has
successfully listed a Vehicle, and stated past Driving Experiences and
preferences as detailed in the Dryver Supplemental Terms;
20.
“Fawry”
means Fawry Banking and Payment Technology Services with website address:
www.fawry.com. The electronic bill payment and presentment firm currently
conducts Dryve’s e-payment facilitation of all Charges;
21.
“Insurance
Coverage” refers to the conditions and exclusions of cover, and the type and
amount of financial coverage for insured Vehicles provided by Allianz and as
detailed in the Insurance Policy Terms.
Owners that opt for Insurance Coverage have their Vehicles covered only during
the Rental Period. Insurance Coverage is used interchangeably with Coverage;
22.
“Insurance
Fee” refers to both the monetary premium payable
by the relevant Renter and the relevant Owner, embedded in the
payment of Service Fees, for Insurance Coverage of the relevant Vehicle for the
relevant Rental Period,
and any Deductibles payable to Allianz in the event of an accident and/or
Claim;
23.
“Insurance
Policy” refers to the policy provided by Allianz and arranged through Dryve.
The Insurance Policy states the relationship between the Insurer, Allianz, and
the Policy Holder, Dryve, as well the Insurance Fees and Claims process. A
summary of the Insurance Policy Terms is set out HERE;
24.
“Insurer”
refers to Allianz with reference to the partnership with Dryve as detailed in
the Insurance Policy Terms;
25.
“Market
Value” means the market value of Vehicles on Dryve calculated at the time of publishing
using an integrated Contact Cars API. The Market Value is determined by the Vehicle’s
make, model, year, and mileage, and is determined using its average price on
the Contact Cars website over 6 months prior to the listing date;
26.
“Other
Additional Charges” refers to any other Charges incurred throughout the Rental
Period other than Rental Charges. This includes Penalties and Administrative
Fees. This may either increase the total cost required from the Renter and / or
reduce the total amounts due to Owner;
27.
“Owner”
refers to any applicant who has filled in all mandatory fields in the Owner’s
registration form on the App and has successfully listed a verified Vehicle as
detailed in the Owner Supplemental Terms;
28.
“Overtime”
refers to the hours driven in excess past the agreed upon time for the end of
the Ryde. For Rydes with Overtime, Dryvers are given the option to apply for an
Overtime fee payable by the Ryder and charged through Dryve;
29.
“Penalty”
refers to any monetary fine that may be applied to a User during the Rental
Period. Compensation and/or reimbursement shall be deducted by Dryve in favor
of the advantaged User and/or Dryve, from the disadvantaged User;
30.
“Personal
Insurance” refers to motor insurance policy sourced by the Owner and provided
by an insurance firm separate from both Dryve and the Insurance Policy, which
covers their Vehicle during a Dryve Trip. Owners that opt to use their Personal
Insurance are not covered by Allianz throughout the Rental Period;
31.
“Pick-up”
refers to the agreed upon date, time,
and location whereby both Users meet, diligently inspect the Vehicle, complete
the Pick-up Inspection Form, and the Owner hands over the Vehicle to the Renter,
marking the beginning of the Rental Period;
32. “Platform” refers to all the mediums which
Dryve Holdings Limited BVI, Dryve Egypt LLC and, or any
of their affiliates offers its Services to Users.
Mediums include the Dryve application, Ryde application, and the Website.
Platform may be used interchangeably with App, website, and/or site;
33.
“Policy
Holder” refers to Dryve with reference to its role in the Insurance Policy
provided by Allianz as detailed in the Insurance Policy Terms;
34.
“Rental
Agreement” refers to the agreement to be concluded between the Owner and the Renter,
at the time of Pick-up in the form as provided by Dryve and available for
printing and use on the App, to govern the rental of the Owner’s Vehicle to the
Renter;
35.
“Rental
Charges” refers to the charges payable by a Renter to the relevant Owner for
the use of his/her Vehicle during an agreed upon Rental Period;
36.
“Rental
Period” means the period whereby the Owner’s Vehicle is in the Renter’s possession
while he is on a Trip. The period starts from Pick-Up and ends at Drop-off, or
in the event of an Accident when the Renter has successfully delivered the
Vehicle to an Approved Service Center for repair;
37.
“Renter”
refers to any User who has successfully completed and passed the Renter
Registration Process, as outlined in the Renter Supplemental Terms,
enabling them to rent out Vehicles from Owners;
38.
“Ryde” refers to the agreed upon period whereby Dryvers
offer their Vehicle and driving services to Ryders in accordance with the
provision of these Terms. The period marked with the Ryde Start and ends at
Ryde Ends. Ryde is used interchangeably with Ryde Period;
39.
“Ryde
Charges” refers to the charges payable by a Ryder to the relevant Dryver for
the employment of both their Vehicle and driving services. Ryde Charges also
includes any Additional Ryde Charges. Ryde Charges is used interchangeably with
Charges;
40.
“Ryde Requests” refers to the parameters and criteria
set by Ryders, and published in applicable Dryver Feeds, regarding potential
Travel or Scheduled Rydes. Ryde Requests is used interchangeably with Requests;
41.
“Ryder”
refers to any User who has successfully completed and passed the Ryder
Registration Process, as outlined in the Ryder Supplemental Terms,
enabling them to Request Vehicles with their respective Dryvers;
42.
“Services”
refers to your access and use of the Dryve Platform and all its offered
utilities as stated in Clause B.3;
43.
“Service
Fees” is a variable percentage fee, depending on the Vehicle category, retained
by Dryve. Service Fees are inclusive of insurance premiums, Dryve Commission,
and address a number of other costs including customer service. Service Fees
apply to Late Fee Penalties and Excess Mileage Penalties. See Exhibit B in the
Supplemental Terms for a complete breakdown;
44.
“Surplus Mileage Fee”
refers to the kilometers consumed in excess of the 20 km per hour limit for a
specific Ryde day. Ryders may be subjected to a Surplus Mileage Fee should
their Ryde be found to have exceeded the limit;
45.
“Total
Charges” means the definition given in Clause B.6;
46.
“User”
refers to any person who has an active account on the App. This term is used to
refer to Dryvers, Owners, Renters, and Ryders interchangeably;
47.
“VAT”
means Value Added Tax and is calculated as 14% of Dryve Commission and is
deducted from all Users on a pro-rate basis on behalf of tax authorities;
48.
“Vehicle”
refers to any Car listed by its Owner and/or Dryver and published by Dryve on
the App for Renters and Ryders to rent;
49.
“Website”
means the site or website at www.getdryve.com, www.letsdryve.com and
www.dryve.ae as
amended and updated from time to time.
B. RELATIONSHIP
The Terms are the terms of
use that govern your access and use of the Platform, content, and Services as
made available by Dryve Holdings Limited BVI, Dryve Egypt LLC and, or any of
their affiliates (“Dryve”, “we”, “us”, or “our”) either through the downloading
of the App or the accessing of the Website. Users accessing the App shall be
subject to specific provisions under the Supplemental Terms governing their
relationship with Dryve and/or respectively a Dryver, Owner, Ryder, or Renter
depending on their status at the time.
Your
access to and use of the Services, and/or acceptance of our Terms shall constitute
your agreement to be bound thereby. Such acceptance shall constitute your
conclusion of a service agreement with Dryve. Supplemental Terms shall apply
and will be disclosed to you in connection with the applicable Services. Supplemental
Terms complement and form a part of the Terms for the purposes of the
applicable Services. Supplemental Terms shall prevail in the event of a
conflict with respect to the applicable Services. If you do not agree with our
Terms, you should stop using our App or Website immediately.
All
of the provisions in the Terms, together with Supplemental Terms, Insurance Policy, Privacy Policy,
and any other incorporated
agreements constitute the terms of the agreement
between you and Dryve.
Dryve may amend the Terms
related to the Services from time to time. Amendments will be effective immediately
upon Dryve’s posting of such updated Terms or Supplemental Terms either through
the App, Website or by email. Your uninterrupted access or use of the Services
after such posting shall be deemed an implicit consent on your side to be bound
by the Terms and/or Supplemental Terms, as amended.
1.
DATA
PRIVACY
You understand that by
accessing and using our Services that you are consenting to the collection and use
of your personally identifiable information. The collection and use of such
information in connection with the Service is as provided in Dryve’s Privacy Policy.
2.
REGISTRATION
Individuals wishing to access the App and use
the Services must first register as a User. Registering as a User includes
signing up for an account using a functional, accessible email address, and a
working, accessible mobile number (“Contact Information”.) Dryve Rental Forms,
invoices, notifications, and other important information will be sent to Users’
registered email addresses. Verification codes, Accept one-time passwords
(“OTP”), any other important information will be sent to Users via SMS to their
registered mobile number.
By registering using their respective Contact
Information, Users hereby validate that such Contact Information, is
functional, accessible and belongs to them. Dryve will not be held responsible
for your failure to access or regularly check emails, SMSs and notifications
sent to you. Users are entirely liable over the privacy as well
as the ability and frequency to access their emails and mobile phone numbers.
Users may register as a Dryver, Owner,
Renter, and/or Ryder under the Supplemental Terms relevant to each. You may have only a maximum of one account as
active and valid under each User type.
Dryve will require that Users submit personal
and identifiable information about themselves and their Cars to further verify
User accounts and their respective Cars. The collection and use of such is as
stated in Dryve’s Privacy
Policy.
Dryve may, during the registration process, conduct searches on Users and their
Cars in order to corroborate the information submitted. Dryve reserves the
right to reject any attempt to register as a User in the event that Dryve has
reasonable belief that the applicant does not comply with the stated Terms and
Supplemental Terms.
3.
SERVICES
Dryve offers a technological Platform that
enables Users of the App to list and rent Vehicles and/or their driving
services directly with one another subject to these Terms. Dryve is not a rental
car company. We do not own Vehicles nor are we in the business of renting Cars
to the public. Dryve does not sell, hire, manage, and/or control the Cars, nor
do we provide insurance services. Unless otherwise explicitly specified,
Dryve’s responsibilities are limited to: (i) Enabling and governing the
availability of the Platform, App, and Services; (ii) facilitating the listing,
Booking, and Ryde Requests of both Vehicles and Vehicles chauffeured by Dryvers;
(iii) serving as the limited payment collection agent by accepting payments
from Dryvers on behalf of Owners and from Ryders on behalf of Dryvers, and (v)
arranging for Insurance Coverage, through Allianz, for Vehicles rented out via
the App.
In tandem with
peer-to-peer car sharing, the Platform, under the Ryde App enables Users who
seek to arrange and schedule transportation for a prespecified period of time
or to certain destinations (“Ryders”) can do so by sending out Requests for
Rydes. Requests appear in a Feed to Users that have registered both themselves
and their Vehicles (“Dryvers”) and offer Rydes to Ryders. Dryvers are third
party, independent transportation providers. The decision to offer or accept a
Ryde is done at both Users’ discretion with the Ryde itself constituting as
separate agreement between them.
YOU HEREBY
ACKNOWLEDGE THAT RYDES ARE PROVIDED BY INDEPENDENT THRID PARTY CONTRACTORS WHO
ARE NOT EMPLOYED BY DRYVE. DRYVE IS MERELY A MARKET PLACE CONNECTING RYDERS AND
DRYVERS AND DOES NOT PROVIDE TRANSPORTATION SERVICES NOR OPERATES AS A
TRANSPORTATION SERVICES. DRYVE IS NEITHER A COMMON CARRIER NOR A PUBLIC
CARRIER.
It is at the discretion the Dryver to decide whether or
not to offer Rydes to a Ryder contacted through the App, as it is up to the
Ryder to decide whether or not to accept a Ryde by a Dryver contacted through
the App. Dryve cannot ensure the confirmation by a Ryder nor the completion of
an arranged Ryde by the Dryver and/or Ryder.
Users might agree to
let the Dryve algorithm match them on their behalf. In said case, Users hereby
authorize an algorithm created by Dryve to match them based on factors such as
Vehicle type, User preferences, and Platform efficiency, and to allow the
system to cancel and rematch an existing match based on the aforementioned
considerations.
Dryve, subject to
your compliance with these Terms, offers a limited, revocable, non-exclusive,
non-sublicensable, non-transferable license to: (i) access the App from your
personal device and use it solely in connection with your use of the Service;
(ii) use any content, material, and/or information solely for your personal,
non-commercial use. Rights neither expressed nor granted herein are solely
reserved by Dryve.
4.
INSURANCE
Dryve is neither an
insurance company nor an insurance broker and shall not be held liable to
compensate any cases of breach of trust, damages or theft of the Booked
Vehicle. Dryve does not directly or indirectly insure Vehicles rented through
the App. Dryve, is named a Policy Holder on the Insurance Policy and is not a
direct Insurer. If you choose to receive protection under this policy, your
Coverage is provided by Dryve’s insurance partner, Allianz. Dryve only acts as
an intermediary offering such insurance products to Users of the Dryve App.
Under the Dryve App,
Car Owners can benefit from Insurance Coverage under the Insurance Policy
provided by Allianz or opt to use their Personal Insurance to cover their
Vehicles during Dryve Trips.
For Car Owners with Vehicles listed
under Insurance Coverage, Dryve has arranged for comprehensive insurance from
Allianz to cover Vehicles during the Rental Period. Insurance Coverage will
initiate at Pick-up and cease at Drop-off. Insurance Coverage is optional for Users
of the Dryve App. Insurance covers Vehicles with manufacturing dates that do
not exceed 10 years. In case of a successful Claim, Vehicles are required to be
repaired at an Approved Repair Center. The Insurer shall cover certain risks as
detailed in the Insurance Policy Terms.
To the best of
Dryve’s knowledge, all published Vehicles under Personal Insurance are insured
by an insurance provider, independent from Dryve, and the Insurance Policy, Covering
Vehicles during Dryve Trips. By opting for Personal Insurance Coverage and
accepting these terms, Owners guarantee that published Vehicles on the Platform
possess fully comprehensive insurance that covers Users throughout a Dryve Trip
and that any Accidents that occur during a Dryve Rrip will be covered as per
the Owner’s Personal Insurance policy. Under Personal Insurance, Owners
acknowledge that all risks, damages, and losses that arise during a Dryve Trip
are borne the Owner and/or their respective insurance provider.
5.
SCOPE
OF APP USAGE
Dryve hereby grants Users a
non-exclusive, non-transferrable and revocable right and license, subject to
Dryve’s Terms and Supplemental Terms, to: (i) access and use the App and its
Services through creating a personal account approved by Dryve; (ii) request
the listing of Cars; (iii) request the rental of a Vehicle or a chauffeured
Vehicle; (v) provide and/or receive payment for the Booking and/or Ryde Request
and any Other Additional Charges and Additional Ryde Services.
Dryve retains the ownership of the App and
Website and all content included therein. Your use of the App and Website is
limited to the license granted above.
In connection to your use
of or access to the Services, you hereby agree that you will comply with all
applicable laws and these Terms and Supplemental Terms. You agree that you will
not attempt, nor advocate, encourage, or assist any third party to:
i.
Violate
any Law
You
agree that you will not (i) breach any local, provincial/territorial, or
national Law; (ii) use the App and its content in any form for illegal purposes
or in an illegal manner (iii) Post false and/or defamatory content; (iv) use
the App in a commercial manner by publishing or transmitting its content; (v)
remove or attempt to use any of Dryve’s trademarks, copyrights, propriety
rights, or any other intellectual property rights, registered or unregistered;
(vi) distribute, sell, sublicense or transfer any of the rights granted under
the Terms; and (vii) attempt to gain unauthorized access to the App, Website,
software, servers or any other networks connected to the App and Website.
ii.
Register
False Information
This
includes (i) submitting false information including but not limited to your
name, national ID, date of birth, driver’s license, Vehicle’s license, or other
personal information; (ii) submitting false Insurance Policies; (iii)
submitting false Claim Forms, (iv) impersonating any person or entity; (v) publishing
Vehicle availability information that you do not intend to honor; and (vi)
assigning or transferring your account to any other User, person, or entity.
iii.
Fail
to Honor Your Commitments
This
includes (i) failure to meet payments; (ii) failure to follow through with User
procedures and guidelines of a Booking and Ryde Requests as outlined in the
Supplemental Terms; and (iii) use of the Services provided by Dryve to find an
Owner or a Dryver, and then complete the Booking/Request and transaction wholly
or partially independent of Dryve in order to bypass paying Service Fees or for
any other reason; (iv) failure to return the Vehicle to the Owner as per the
terms and conditions of the Rental Agreement; and (v) breach of your
obligations under the Dryve Agreement.
iv.
Harm
Other Users
You
agree not to (i) use other User information to harass or stalk; (ii) engage in
abusive or threatening conduct- physical or verbal; and (iii) distribute or
post any information regarding other Users without their permission.
v.
Impair
Operations:
You
agree to not (i) impair operations of the App or other Dryve software or
servers and the networks connecting it; (ii) distribute unsolicited or bulk
electronic communication like spam messages; (iii) distribute viruses or other
harmful codes; (iv) methodically retrieve data or other content from our
Services to create a collection or database; (v) remove, deactivate, or tamper
with technological measure set forth by Dryve to protect the Services; and (vi)
reverse engineer any of the software used to provide Services.
You may not authorize a third-party to use your account.
You hereby acknowledge responsibility for your account and any activities or
transactions under your account and you agree to maintain the secrecy of your
information on the account including your username and password for its access.
You understand and acknowledge that in the event of allowing other individuals
to use your credentials to list Cars on the App or Website, or to make Bookings
and Requests, you will be held solely liable for any damages or liabilities
arising out of such use caused to yourselves, other Users or Dryve without
prejudice to their right to invoke legal action or proceedings against you and the
other User to the full extent permissible under Egyptian law. Further, you
agree to comply with all applicable laws when using the Services and may only
use the Services for lawful purposes.
With respect to the use of the Dryve Platform and
participation in Rydes, Users agree to not:
i.
Imitate
or impersonate any person or entity;
ii.
Harm
or harass any person by stalking, threatening, or carrying a weapon throughout
the Ryde Period;
iii.
Violate
any law or set regulation;
iv.
Disrupt
or interfere with a Dryve server or networks connected to the Platform;
v.
Submit
false or fraudulent registration documents or interact with Users on the App
and during a Ryde in an abusive, defamatory, obscene, profane, sexually
oriented, harassing, or illegal manner;
vi.
Infringe
any third-party rights, proprietary rights, or rights of publicity or privacy;
vii.
Transmit
or post any malicious code, files, programs with the intent of interrupting,
damaging, destroying, or limiting the functionality of the Platform.
viii.
Intercept
or expropriate any system, data, or information through a computer software,
hardware, or telecommunications equipment.
ix.
Disguise
the origin of information sent to the Dryve Platform by forging headers or
otherwise manipulating identifiers.
x.
Without
our prior consent and written authorization, mirror any part of the Platform or
use meta tags or code or other devises containing any reference to Dryve on
order to direct any person to any other web site for any purpose;
xi.
Modify,
adapt, translate, reverse engineer, decipher, decompile or otherwise
disassemble any portion of the Platform;
xii.
Sublicense
the Platform or rent, lease, lend, sell, redistribute, license the Platform or
any portion of it;
xiii.
Process,
retrieve, or data mine through the use of any robot, spider, site search,
retrieval application, or any other manual or automatic device.
xiv.
Circumvent
the presentation or the navigational structure of the Platform and or its
contents;
xv.
Transfer
or sell your account, password, and/or information or that of any User to a
third-party;
xvi.
Discriminate
and harass Users on the basis of race, nationality, religion, physical or
mental disability.
6.
PRICING AND PAYMENT ADMINISTRATION
The Market Value of a Vehicle will determine
what the Vehicle’s Rental Charge range is. Owners and Dryvers will have the
ability to set and revise, within said range, the Rental and Ryde Charges they
determine for their Vehicle. Vehicles’ given Daily Rate range is subject to
change depending on the likely decrease in Market Value over time.
You agree and understand that your use of the
Services provided via the App or Website may result in Rental Charges for the Vehicles
provided, Ryde Charges for the Rydes provided, Insurance Fees and Personal
Insurance Fees for the any damage that might occur during the Rental Period or
Ryde, Service Fees, and any Other Additional Charges. Dryve shall be
responsible for facilitating the payment of the Rental Charges and any
applicable Penalties, net of the Service Fees, from the Renter to the
designated Owner. Dryve shall act as an intermediary and will facilitate the
payment of the Ryde Charges and any applicable Penalties, net of the Service
Fees, from the Ryder to the designated Dryver. Dryve will bear the responsibility
of facilitating the payment of Insurance Fees from Users to Allianz.
Dryve shall act as an intermediary and
facilitate payment from the Renter and Ryder to the designated Owner and
Dryver. Dryve’s liability to pay amounts to the Owner and Dryver shall be
limited to amounts paid by the Renter and Ryder received by Dryve through Accept
or any of the other the payment systems made available on the App.
Payments to Dryve shall be deemed a direct
payment from a Renter or Ryder in relation to an agreed Booking or Ryde Request,
net of Service Fees and other Charges. These Charges shall be inclusive of any
applicable taxes where required by law and deemed as a final and non-refundable
payment, unless otherwise determined by Dryve or required by Consumer
Protection Laws. Users shall receive a confirmation notification with an
invoice of all payments made via email and on the App.
The App supports payment methods in the form
of cash and credit card through Fawry and Accept along with any of their
payment affiliates. Users will be asked to put in their credit card information
once upon registering. Users are given the option to add multiple credit or
debit cards. For your protection and to decrease the risk of security fraud, we
urge that you do not give your card information to any third party or via any
other method than that currently available on the App. Dryve bears no liability
in said eventuality. Payment methods are not fixed, and Users have the
flexibility to switch between one or the other. Sensitive data such as User
card information is stored with the payment provider, Accept or Fawry. As a
merchant to the Dryve and Accept account and the Dryve and Fawry account, Dryve
has no access to this information.
Once a Booking and/or Request is accepted, Renter
and Ryder payment is charged. Both are committed to paying the full amount in
their balance. You will not be able to make a Booking or Ryde Request nor start
a Trip or Ryde unless all outstanding balances, from previous and upcoming
trips, have been completely paid off. In case of cancellations, refunds may
take up to 14 Working Days and depend on your bank. Payments are
transferred to the Owner once Pick-up has been completed successfully and to
the Dryver at the end of every Ryde or Ryde Day. Holding periods span from mere
hours to days depending on the length of time between confirmed Bookings and Requests
and successful pick-up or the start of a Ryde. Funds are released and
transferred to User accounts within 3 business days but may take longer
depending on your bank.
I hereby agree and understand that, within
reason, Charges including but not limited to cancellations, Deductibles,
Personal Insurance Fees, Drop-off Charges, Additional Ryde Charges, and
necessary compensation and reimbursements to affected parties may result in my
card being charged post Drop-off or the end of a Ryde. Dryve holds the right to
charge your card on file for the cost. Users will need to make sure that their
card has adequate funds available to cover any and all Drop-off Charges and/ or
Additional Ryde Charges.
Dryve may collect User information to process
payments through Fawry and/or Accept or any of our payment service providers
via a secured network. The collection and use of such information is as outline
in Dryve’s Privacy
Policy.
User payment methods, channels, and timelines are outlined in their respective Supplemental
Terms. Any refunds will be processed through the original mode of payment.
Payment must be made through the payment channels made available by Dryve. Any
offer to pay through any channel other than those provided by Dryve will be
considered a breach of the Terms and Supplemental Terms and may result in the
suspension or deletion of the User’s account.
7.
TERMINATION
You may
terminate your Dryve account by submitting such termination request by email or
in writing to Dryve.
You agree that Dryve may, without prior
notice, immediately terminate, limit your access to or suspend your Dryve
account for reasons including but not limited to: (a) breach or violation of
the Terms and/or Supplemental Terms, Privacy
Policy, or
other incorporated agreements, and (b) engagement by you in fraudulent or
illegal activities; and/or nonpayment of any fees owed to Dryve, Dryvers,
and/or Owners.
Termination of your Dryve account shall be at
Dryve’s sole discretion and shall include ceasing to offer Services or any
portion thereof, denying you access to your account, and the deletion thereof.
C. LIMITATION
OF LIABILITY
DRYVE, ITS EMPLOYEES, DIRECTORS, AGENTS, AFFILIATES, OR
REPRESENTATIVES SHALL BE HELD LIABLE ONLY FOR ANY DIRECT DAMAGES IDENTIFIED
UNDER EGYPTIAN LAW ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OUR APP OR
SERVICES.
The following disclaimers have been made on behalf of
Dryve, our parent, subsidiaries, affiliates, and each of our respective
shareholders, officers, directors, employees, and agents.
You hereby agree that the use of the Services,
specifically the renting of, the rental of Vehicles, and the Request for a Ryde,
may carry inherent risk, and by accessing and requesting the Services through
our App, you choose to assume those risks voluntarily. Those risks include, but
are not limited to, bodily injury, loss or damage to Vehicles or property, or
penalties and sanctions accrued due to driving conduct and breach of the
applicable driving rules and Egyptian laws. The Dryver assumes full
responsibility for any damage, direct or indirect, arising out of his use of
the Services, specifically rental, and use of the designated Vehicle. Further,
you declare and acknowledge your full responsibility of any damage or losses
arising out of your use of the Services and that you shall be solely held
accountable for all responsibilities, liabilities, or claims resulting from the
use of the App and Services during the Rental and Ryde Period.
Dryve cannot warrant that each Ryder and Dryver are who
he or she claim to be. Users are expected to exercise common sense when using
the App and during Rydes. This includes the making sure that both the
individual and Vehicle you have matched with for a Ryde Request is who they are
in person prior to the start of the Ryde. Please note that the risk of dealing
with someone acting under false pretenses exists and Dryve does not accept
responsibility or liability for their actions in violation of this agreement. Dryve
encourages both the Dryver and Ryder to communicate prior to the start of the
Ryde.
Users undertake sole responsible when interacting with
one another. Dryve bears no responsibility for the conduct of any User, whether
online or offline, of the App or Services. Personal belongings left in a
Vehicle during a Trip or Ryde are not insured by Dryve nor have we procured
insurance for or are responsible for their loss or damage. By using the App and
engaging in Trips and Rydes, you agree to bear such risks and agree that Dryve
is not responsible for the acts or omission of Users on the Platform.
You must notify Dryve immediately should you suspect that
your account has faced a breach in security or that any unauthorized party may
be using your account. The responsibility for the use of your account falls on
you. Dryve disclaims any liability that may arise from the unauthorized use of
your account.
Dryve urges that you carefully select the type of
information you choose to disclose to other Users on the App or during a Ryde.
Should a User obtain information about you that you have provided to harm or
harass you, Dryve bears no responsibility in said event and disclaims all
liability, regardless of the form of action.
Dryve under no circumstances is responsible for any loss
or damage resulting from your reliance on any information, opinions, advice,
statements, and offers published by third parties on the Platform. Dryve bears
no obligation but reserves the right, to monitor the material posted on the
Dryve Platform and remove any such material deemed by Dryve to violate or
alleged to violate the Terms of this agreement, is offensive, illegal, and/or
might potentially harm Users on the Platform.
The App provides location data to be used for basic
location purposes only. Information that Users provide in the form of
geolocation data may be accessible to Dryve and certain Dryve Users for a
specific period.
Dryve’s established liability in any dispute may not
exceed EGP 100,000 (One Hundred Thousand Egyptian Pounds only).
D. INDEMNITY
Dryve acts as a facilitator
and does not act as an agent on your behalf. Dryve shall use its best efforts
to make sure that Owners, Dryvers, Renters, Ryders and Vehicles fulfill certain
requirements, set at the discretion of Dryve, before they become part of the
network, and that they are selected based on criteria that would
facilitate making an informed decision about
potential Bookings and Requests.
E. SEVERABILITY
In case any part of
the Terms is deemed invalid, null or unenforceable, in whole or in part, for
any reason, all remaining parts shall continue in force and effect. These Terms
constitute the entire agreement and understanding of the parties (Dryve, the Dryver,
the Owner, the Renter, and the Ryder) with respect to its subject matter and
replaces and supersedes all prior or simultaneous agreements or undertakings
regarding such subject matter.
F.
GOVERNING
LAW AND DISPUTE RESOLUTION
These Terms and Supplemental Terms shall be
exclusively governed and construed in accordance with the provisions of the
laws of the Arab Republic of Egypt. Any
dispute, controversy or claim arising out of or relating thereto, the
interpretation, existence, validity, the termination, rescindment or invalidity
thereof, shall be settled by the competent Court in Egypt.
You hereby acknowledge and agree that you
have read and understood these Terms and Supplemental Terms and accept them in
full.