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.comwww.letsdryve.com and www.dryve.ae as amended and updated from time to time.

 

  1. Where the expression “including” is used, this is to be construed as being immediately followed by the expression “without limitation”. 

 

  1. Definitions include the singular/plural term. 

 

 

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.