Call Driver || Privacy Policy

These terms and conditions of use (‘’Terms of Use’’) of the Call Driver Now website, is a legal agreement ("Agreement") between Call Driver Now, a company incorporated under the Companies Act, 2013 (India) having its offices at 1728, Sector-37, Arun Vihar, Noida, Gautam Buddha Nagar, Uttar Pradesh, 201301 and yourself/yourselves. If you continue to browse the website you are agreeing to comply with and be bound by the Terms of Use.

If you do not agree with the Terms of Use, please do not access and use this Website / Application (as hereinafter defined) or our Service through all other means.

DEFINITIONS

“Service Provider”, “we”, “our” and “us” shall mean Call Driver Now;
“You”, yourself / yourselves and “your” shall mean a User, who meets the eligibility criteria set out below;
“Driver” or ‘’Drivers’’ shall mean the driver engaged by you by using our Website;
“Force Majeure” shall have the meaning as set out in Clause VII;
“Service” or “Services” shall mean the service of providing short-term private Driver solutions via the Website as defined in Clause I;
‘’User’’ or ‘’Users’’ shall have the meaning as set out in Clause III; and
‘’Website’’ shall mean the website www.calldrivernow.com.
These Terms of Use may be modified from time to time in our sole discretion. It is your responsibility to review these Terms and Conditions from time to time. If you continue to use the Service after notice of change has been intimated or published on our Website, you thereby provide your consent to the changed practices on the same terms hereof. For this reason, we encourage you to review these Terms of Use each time you access and use the Website/Application. Most content and some of the features on the Website/Application are made available to Users free of charge. However, DriveU reserves the right to terminate access to certain areas or features of the Website/ at any time for any reason, with or without notice.
If you are not agreeable to these Terms of Use, you may not use the Services, the Website.

SERVICES DESCRIPTION:

Call Driver Now operates a technology based electronic platform service called ‘calldrivernow.com’ which seeks to provide drivers-on-demand to customers who wish to obtain the services of a driver.
We enable the hiring of drivers by commuters/passengers for a point to point pick up and drop off Service, within city limits and outside city limits, through the Website. The Service is designed to offer you information and a means of obtaining short-term private driver solutions to coordinate point-to-point and round-trip private driver services, at user’s request. As a User, you authorize the opted Driver to operate your vehicle and make decisions on your behalf during a period of time designated by you.
The Drivers offering their services on the calldrivernow.com platform are individuals and independent service providers who have opted to enlist themselves with calldrivernow.com. The drivers are screened and trained prior to being listed as a driver on the calldrivernow.com platform. At no point can the driver represent himself to be an employee of Call Driver Now. The user terms and conditions in here expressly provide that the drivers are independent service providers and are not employees of Call Driver Now.
Further, it is to be noted that calldrivernow.com, in itself, does not provide driving / transportation services. The customer offers the mode of transportation. The terms and conditions clearly state that the provision of services by the driver to the customer is, subject to the agreement entered into between them and calldrivernow.com shall under no circumstance be a party to such agreement.
To elaborate, the modus operandi is as follows:

We aim at bringing drivers (service providers) and customers owning private cars on a common platform by which the said customers can place a request for the services of a professional driver for commute.
The e-commerce platform brings the customer into contact with a driver so as to avail the latter’s services, subject to the availability of drivers in or around the customer’s entered location at the time of registering his request.
The request by the customer could be for a point-to-point commute or a round trip is placed by the customer electronically through an online website operated by calldrivernow.com.
Towards the end of the commute, the customers are charged for the services of the driver, which is intimated to them at the time of booking or over the mail or SMS. The services may be paid for by the customers either:
in cash, directly to the driver or through online payment options, to calldrivernow.com
Where the customer opts to pay for the drivers’ services through any of the online modes available on the website, calldrivernow.com remits the proceeds collected from the customers to the respective drivers.
In return for the use of the calldrivernow.com, the Drivers are charged a convenience fee by Call Driver Now. We remit any applicable tax to the credit of the respective Governments and regularly file periodic returns as prescribed under the GST laws.

USE OF SERVICE AND WEBSITE:

The Website allows you to send a request for Service. The team of Call Driver Now will assign a driver for you as per your location and availability of the Driver. We have sole and complete discretion to accept or reject each request for providing the Service. We also have sole and complete discretion over whether to use the Website to receive the leads generated through the Website. If we accept a request, the details of the Driver will be sent to you through SMS and also on mail - including his name and the ability to contact the Driver by telephone or a message.
We shall undertake commercially reasonable efforts to bring you into contact with a Driver in order to avail the Services, subject to the availability of Drivers in or around your location at the moment of your request for the Services.
We do not provide transportation services. It is up to the User to offer transportation. We only act as intermediary between the Driver and you. The provision of the Services by the Driver to you is, therefore, subject to the agreement (to be) entered into between the Driver and you. We shall under no circumstance be a party to such agreement. DriveU disclaims any and all liability in respect of the Drivers including any claims of employment or any vicarious liability arising out of the Service or otherwise.

USER ELIGIBILITY AND AGREEMENT:

User means any individual or business entity/organization that legally operates in India or in other countries, and uses and has the right to use the Services provided by us. Our Services are available only to those individuals or entities who can execute legally binding contracts under the applicable law. Therefore, a User must not be a minor as per Indian Law; i.e. User(s) must be at least 18 years of age to be eligible to use our Services
We advise its Users that while accessing the Website, they must follow/abide by the applicable laws. We may, in its sole discretion, refuse the Service to anyone at any time.
This Agreement applies to all Services offered on the Website, collectively with any additional terms and conditions that may be applicable.

REGISTRATION:

To use the Services, enter your details which includes your Pickup Location, Drop Location, Date, Time, Full Name, Email and Contact Number. Please see our Privacy Policy and practices to know more about how your personal information would be used.

REPRESENTATIONS AND WARRANTIES:

As a precondition to your use of the Services, you represent and warrant that:
The information you provide to us is accurate and complete. Our service is only available for private cars for non-commercial purposes within the city limits as designated on our Website. Private cars for non-commercial purposes bear license plates with black lettering over white colored background (Commercial vehicles have license plates with black lettering over yellow colored background). You will ensure that our service is being utilized only for non-commercial purposes in a private car. Call Driver Now is entitled, at all times, to verify the information that you have provided and to refuse the Service or use of the Website without providing reasons.
You will only access the Service using authorized means. You are responsible to check and ensure you use the correct Website with the correct url “www.calldrivernow.com” in your computer or Device. We shall not be liable if you access the incorrect url in your device. We reserve the right to terminate the Service and the use of the Website should you use the Service.
You have the legal right and authority to possess and operate the vehicle when engaging our Services and you confirm, represent and warrant that the said vehicle is in good operating condition and meets the industry safety standards and all applicable statutory requirements for a motor vehicle of its kind.
You will be solely responsible for any and all liability which results from or is alleged as a result of the condition of your vehicle, legal compliance, etc., including, but not limited to, personal injuries, death and property damages.
You will be solely responsible for the full functionality of your vehicle. If your vehicle fails to function (electrical, mechanical or other) in any way while the Services are being availed of by you, you will be responsible for all storage fees, roadside assistance, alternate transportation and repair of any kind and neither Call Driver Now nor the Driver shall be responsible in any manner whatsoever. You have the legal right to designate the Driver as your agent and delegate actual authority to the Driver to operate your vehicle and make decisions on your behalf for the purposes of providing Services offered through our platform.
You are named or scheduled on the insurance policy covering the vehicle you use when engaging our Services. You have a valid policy of liability insurance (in coverage amounts consistent with all applicable legal requirements) for the operation of your vehicle to cover any anticipated losses related to your participation in the Services or the operation of your vehicle by the Driver. In the event of a motor vehicle accident you will be solely responsible for compliance with any applicable statutory or department of motor vehicles requirements and for all necessary contacts with your insurance provider. Other than any personal criminal liability attaching to the Driver you will be solely responsible for all consequences arising out of the use of the Service or the Driver. In any event we shall have no responsibility or liability on this account whatsoever.
You specifically authorize us to use, store or otherwise process your 'Sensitive personal data or information’ (as such term is defined in Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011) in order to provide the Services to you. Subject to applicable law all information provided to us by you shall be deemed to be our information to use as we desire.
You will obey all applicable laws related to the matters set forth herein and will be solely responsible for any violations of the same.

REFUND AND CANCELLATION POLICY:

If the Driver is booked for the trip and the driver is assigned for the trip and you cancel the trip through your end, in such a case then you will be liable to pay ₹100.
f the Driver is booked by you for the trip and the assigned driver reaches your pickup point for the trip and on reaching the pickup point you cancel the ride in such case you will be liable to pay ₹300.
If Driver takes an advance payment from you for a 2 way trip before reaching the pickup point but due to certain circumstances and unforeseen situations, driver fails to reach the pickup point on time, driver has to return the advance payment taken from you.

PAYMENT

When a trip ends, driver ends the trip on the driver panel on his device. It then calculates the total fare amount due from You and will be sent to you as messages on your mobile phone with the payment link. You may pay the amount via cash or a variety of online payment options available on the link. Any payment related issue, except when such issue is due to an error or fault in the Site or Application, shall be resolved between You and the payment processor. We shall not be responsible for any unauthorized use.
At the end of the trip if you ignore to pay the fare charges or commit any sort of misbehavior with the driver related to the fare, Call Driver Now can take legal action against you.
If you opt for monthly driver service from Call Driver Now, you have to make an advance payment to Call Driver Now and have to submit the trip reports to Call Driver Now. You shall not make any sort of payment to the driver for monthly service.

LIMITATION OF LIABILITY:

The information, recommendations and/or Services provided to you on or through the Website are for general information purposes only and do not constitute advice. Call Driver Now will take reasonable steps to keep the Website and its contents correct and up to date but does not guarantee that the contents of the Website are free of errors, defects, malware and viruses or that the Website are correct, up to date and accurate.
Call Driver Now shall not be liable for any damages resulting from the use of, or inability to use, the Website, including damages caused by malware, viruses or any incorrectness or incompleteness of the information on the Website.
Call Driver Now shall further not be liable for damages resulting from the use of, or the inability to use, electronic means of communication with the Website, including — but not limited to — damages resulting from failure or delay in delivery of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications and transmission of viruses.
Without prejudice to the foregoing, and insofar as allowed under mandatory applicable law, Call Driver Now aggregate liability shall in no event exceed the equivalent of the amount for the payment of the Services.
The quality of the Services requested through the use of the Application is entirely the responsibility of the Driver who ultimately provides such transportation services to you. Call Driver Now under no circumstance accepts liability in connection with and/or arising from the Services provided by the Driver or any acts, actions, behaviour, conduct, and/or negligence on the part of the Driver.
We shall not be held liable for any failure or delay in performing Services where such failure arises as a result of any act or omission, which is outside our reasonable control such as unprecedented circumstances, overwhelming and unpreventable events caused directly and exclusively by forces of nature that can be neither anticipated, nor controlled, nor prevented by the exercise of prudence, diligence, and care, including but not limited to: war, riot, civil commotion; compliance with any law or governmental order, rule, regulation or direction and acts of third parties ( “Force Majeure” ).
If we have contracted to provide identical or similar Service to more than one User and are prevented from fully meeting our obligations to you by reason of an event of Force Majeure, we may decide at our absolute discretion which booking we will fulfill by providing the Service, and to what extent.
We have taken all reasonable steps to prevent internet fraud and ensure any data collected from you is stored as securely and safely as possible. However, we shall not be held liable in the unlikely event of a breach in our secure computer servers or those of third parties other than as required under applicable law.
In the event we have a reasonable belief that there exists an abuse of vouchers and/or discount codes or suspect an instance of fraud, we may cause the User to be blocked immediately and reserve the right to refuse future Service. Additionally, should there exist an abuse of vouchers or discount codes, Call Driver Now reserves the right to seek compensation from any and all such Users.
Call Driver Now does not represent or endorse the accuracy or reliability of any information, or advertisements (collectively, the "Content") contained on, distributed through, or linked, downloaded or accessed from or contained on the Website, or the quality of any products, information or other materials displayed, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the Service.
Offers are subject to Call Driver Now's discretion and may be withdrawn at any time and without notice.

INTELLECTUAL PROPERTY RIGHTS:

Call Driver Now is the sole owner or lawful licensee of all the rights to the Website and its content. Website content means its design, layout, text, images, graphics, sound, video etc. The Website content embodies trade secrets and intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the Website and its content shall remain with Call Driver Now.
All rights, not otherwise claimed under this Agreement or in the Website, are hereby reserved. The information contained in this Website is intended, solely to provide general information for the personal use of the reader, who accepts full responsibility for its use.
You may access the Website, avail of the features, facilities and Services for your personal or internal requirements only. You are not entitled to duplicate, distribute, create derivative works of, display, or commercially exploit the Website Content, features or facilities, directly or indirectly, without our prior written permission of Call Driver Now.
Copyright
All content on this Website is the copyright of Call Driver Now except the third party content and link to third party website on our Website, if any.
Systematic retrieval of Call Driver Now content to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from Call Driver Now is prohibited.
In addition, use of the content for any purpose not expressly permitted in this Terms of Use is prohibited and may invite legal action. As a condition of your access to and use of Services, you agree that you will not use the Website to infringe the intellectual property rights of others in any way. Call Driver Now reserves the right to terminate the account of a User upon any infringement of the rights of others in conjunction with use of the Service, or if Call Driver Now believes that User’s conduct is harmful to the interests of Call Driver Now, its affiliates, or other Users, or for any other reason in Call Driver Now sole discretion, with or without cause.

USER DATA, OFFERS AND PROMOTIONS:

Call Driver Now reserves the right to collect User data including name, contact information and other details to facilitate Services or use of its platform to avail Services. All information collected from the User are on a bona fide basis. Misuse and misrepresentation of identity or contact details will lead to automatic termination of Services or the use of the platform, without prior notice to such Users.
Any promotional discounts and offers accumulated can be revoked without prior notice in the event of suspicious account activity or mala fide intent of the User.
For any other queries on Call Driver Now and its services, please write in to us at contact@calldrivernow.com

LINKS TO THIRD PARTY SITES:

Links to third party sites are provided by the Website as a convenience to Users and Call Driver Now does not have any control over such sites i.e., content and resources provided by them.
Call Driver Now may allow Users access to content, products or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise) to such third party's website. You are cautioned to read such sites' terms and conditions and/or privacy policies before using such sites in order to be aware of the terms and conditions of your use of such sites. The Users acknowledge that Call Driver Now has no control over such third party's site, does not monitor such sites, and Call Driver Now shall not be responsible or liable to anyone for such third party site, or any content, products or services made available on such a site.

TERMINATION:

Call Driver Now reserves the right to deny access to particular Users to any/all of its Services without any prior notice/explanation in order to protect the interests of Call Driver Now and/or other Users to the Website. Call Driver Now reserves the right to limit, deny or create different access to the Website and its features with respect to different Users.
We reserve the right to terminate your account or your access to the Website immediately, with or without notice to you, and without liability: (i) if you have violated any of the Terms of Use; (ii) if you have furnished us with false or misleading information; (iii) pursuant to requests by law enforcement or other government agencies; (iv) in case of unexpected technical or security issues or problems; (v) in case of discontinuance or material modification to the Services (or any part thereof); and / or (vi) in case of interference with use of our Website by others.
In the event of termination by you or us, your account will be disabled and you will not be granted access to your account or any information or content contained in your account. You will not and not attempt to create another account for accessing and using the Website without the written consent of Call Driver Now.
This Terms of Use shall remain in full force and effect while you have an account with us. Even after termination of your account with us, certain provisions of this Terms of Use will remain in effect, including but not limited to, Intellectual Property Rights, Prohibited Uses and Indemnification. You agree that we will not be liable to you or any third party for taking any of these actions.
Notwithstanding the termination of this Agreement, you shall continue to be bound by the terms of this Agreement in respect of your prior use of this Website/Application and all matters connected with, relating to or arising from such use.

TERMS & CONDITIONS FOR USE OF SERVICES:

The following terms & conditions shall apply to Users utilising the Services offered by Call Driver Now:
The User shall pay the driver fare (as mentioned in the link shared by driver) or as agreed to in the terms of use as listed on the Website, parking charges, additional night surcharge (where applicable), one way trips, toll charges and any fee or levy presently payable or hereinafter imposed by the law or required to be paid for availing of the Services.
The User agrees and accepts that the use of the Services provided by Call Driver Now is at the sole risk of the User, and further acknowledges that Call Driver Now disclaims all representations and warranties of any kind, whether express or implied. All Services are provided “AS IS”.
The Call Driver Now or the Driver has the right to refuse the Service in the following circumstances:
if the User is found to be in an intoxicated state or is found misbehaving with other passengers or the Driver, or is causing a nuisance;
if the User is misusing, soiling or damaging any of the devices (technical/non-technical) of the Driver; and if the User asks the Driver to break any traffic/RTO/city police and/or government rules for any purpose The Driver has the right to refuse such a request by the User.
Without prejudice to the above, Call Driver Now makes no representation or warranty that:
the Services will meet the User’s requirements; and the Services will be uninterrupted, timely, secure, or error-free.
The information on this Website/Application is provided "AS IS" with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose. Nothing herein shall to any extent substitute for the independent investigations and the sound technical and business judgment of the Users. In no event shall Call Driver Now be liable for any direct, indirect, incidental, punitive, or consequential damages of any kind whatsoever with respect to the Service. Users of this site must hereby acknowledge that any reliance upon any content shall be at their sole risk. If any User misses his/her train or flight or bus, Call Driver Now will not be liable for any compensation.
Call Driver Now is hereby authorized to use the location-based information provided by any of the telecommunication companies when the User uses the mobile phone to make a booking. The location-based information will be used only to facilitate and improve the probability of locating a Driver for the User.
Call Driver Now shall be entitled to disclose to any government body the particulars of the User in the possession, in its absolute discretion.
Call Driver Now shall be entitled at any time without giving any reason to terminate the booking of Drivers done by the User.
If the User has any complaints in respect of the Services or the use of the Driver, the User has to inform Call Driver Now of the same in writing within 24 hours of using the Driver or the Services.
Call Driver Now shall not be liable for any conduct of the Drivers. However, Call Driver Now encourages you to notify it of any complaints that you may have against any Driver or the Services.

INDEMNITY:

The User shall defend, indemnify and hold, Call Driver Now, its affiliates, its licensors, and each of their officers, directors, other users, employees, attorneys and agents, harmless, from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with the:
violation or breach of the Terms of Use or any applicable law or regulation, whether or not referenced herein; violation of any rights of any third party, including the Driver via Website; and use or misuse of the Website or Service.

MISCELLANEOUS

The information contained in this Website is for general information purposes only. The information is provided by Call Driver Now and while we endeavor to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Website or the information, products, services, or related graphics contained on the Website for any purpose. Any reliance you place on such information is, therefore, strictly at your own risk.
In no event will we be liable for any loss or damage, including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this Website or Service.
Every effort is made to keep the Website up and running smoothly. However, Call Driver Now takes no responsibility for, and will not be liable for, the Website being unavailable due to technical issues beyond our control.
The above mentioned Terms of Use and the Privacy Policy constitute the entire agreement between the User and Call Driver Now with respect to access to and use of the Website and the Services offered by Call Driver Now, superseding any prior written or oral agreements in relation to the same subject matter herein.

JURISDICTION

The courts of Noida, India shall have the sole and exclusive jurisdiction in respect of any matters arising from the use of the Services offered by Call Driver Now or the Terms of Use or any arrangement between Call Driver Now and the User.

COPYRIGHT COMPLAINT

We respect the intellectual property of others. In case You feel that your work has been copied in a way that constitutes copyright infringement, You can write to Us at contact@calldrivernow.com

WAIVER

Our failure, delay or omission to exercise or enforce any rights or provisions of these T&Cs will not constitute a waiver of such rights or provisions. A waiver on any one occasion will not be construed as a bar or waiver of any rights or remedies on future occasions. Any claim in relation to Services or T&Cs should be filed within 3 (Three) months from when the cause of action arose. Any claims filed beyond this time period shall be barred.

REVISION OF T&Cs.

We reserve the right to change any of the T&Cs or any policies or guidelines governing the Site or Services, at any time and at Our sole discretion. Any changes will be effective upon posting of the revisions on the Site and We may send You an automated e-mail to Your registered e-mail ID or SMS informing about the changes made and You would be required to view the modified changes on the internet. By keeping or using the service after notification, You are deemed to have agreed to the amendment/change. If You do not agree with any amendment of the terms and conditions You may cancel the service by informing in writing to Call Driver Now or closing your account on the internet or by SMS.
Unless otherwise specified by Us, revised T&Cs will take effect automatically and be binding from the day they are posted on the Site. By continuing to access or use Services, You will be deemed to have agreed to accept and be bound by such revised T&Cs. If You do not agree to the revised T&Cs, You should discontinue accessing Our Site or using Our Services immediately.
We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these T&Cs, at any time without any prior written notice to You. It is Your responsibility to review these T&Cs periodically for updates / changes. Your continued use of the Website following the posting of changes will mean that You accept and agree to the revisions. As long as You comply with these T&Cs, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

USER GRIEVANCE REDRESSAL

If You are not satisfied with the quality of Service(s) offered or have any other complaints or grievance, please contact us at contact@calldrivernow.com

SEVERABILITY

If any part of these T&Cs is determined to be invalid or unenforceable pursuant to the Applicable Laws then the invalid or unenforceable provisions will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these T&Cs will continue in effect.

TERMS & CONDITIONS

If you do not agree with the Terms of Use, please do not access and use this Website / Application (as hereinafter defined) or our Service through all other means.