Drivers Terms and Conditions
These terms and conditions will govern all issues that may possibly arise from your access to www.mobride.com or use of its applications, products, resources, content, information, or any other feature/service (collectively the Services) being made available on this website or the websites of its partners, subsidiaries, and affiliates (collectively MobRide) to offer your services as a driver, chauffeur, ridesharing or transportation. Please carefully read and review these terms and conditions before using the Services being offered by MobRide. If you don’t agree with these terms and conditions, you may not use this website.
Unless otherwise defined in your agreement with MobRide, the terms should have meanings as set forth herein for the purpose of this agreement:
Passengers: the term Passenger shall denote any individual who registers on the website and uses its Apps or other services to book a ride, arrange a driver/chauffeur, request ride-sharing, or other on-demand transportation services being offered by MobRide.
Drivers: the term Drivers shall denote any individual or business entity who registers on the website and uses its Apps or other services to offer their services as drivers, chauffeurs, couriers, partner transportation companies or any kinds of on-demand transportation services through MobRide platform.
MobRide Platform: the term MobRide platform shall denote MobRide websites, applications, social media, or other technologies that are designed to arrange and schedule transportation and/or logistic services being offered by MobRide or third party service providers.
The website www.mobride.com is being owned and operated by MobRide (referred as we, our, us). The website offers a listing service for Drivers and enables the Passengers to receive location information of the Drivers who are available for booking.
Subject to these terms and conditions, MobRide may provide a referral service on payment of certain fees and grant you a limited, revocable, non-exclusive, non-sublicensable, and non-transferrable license to use its App for receiving timely information about Passengers who may be looking for your services.
You will be referred on First come – First serve basis, but all bookings shall be subject to its confirmation by MobRide. We reserve a discretionary right to determine the process and procedures of using the Services.
All Drivers who want to get registered on MobRide platform for offering their transportation services shall enter a binding agreement with MobRide. Clicking I Agree or related syntaxes, buttons or links on any part of this website or the interface of your device shall be deemed as your digital signature to bind you to these terms and conditions.
When you enter this agreement, it shall be deemed that you are at least 18 years old and otherwise qualified to enter this agreement. If you are entering this agreement on behalf of your company, it shall be deemed that you are duly authorized, and if you are not, take your personal responsibility to fulfill your obligations under this agreement.
Registered Drivers shall be responsible for maintaining the security of their login information and liable for all activities that may take place under their account. If you suspect any security breach or unauthorized activity under your account, make sure to promptly notify us for preventing or minimizing your liabilities from such unauthorized use of your credentials. MobRide will not be liable for any loss or liabilities that may result from your failure to follow standard safety guidelines.
As a registered user on MobRide, you shall be liable to ensure that your acts and omissions don’t prevent other Passengers or Drivers from effectively using any feature or service on MobRide platform. You shall comply with applicable rules in your jurisdiction and refrain from all activities that may infringe others rights, including their copyrights and right to privacy or publicity.
If we believe or become aware at any point that you have violated this agreement, we may suspend or terminate your account and take any proactive measure to disclose any record, communication, profile data, or related content to relevant authorities / third partiesin our sole discretion and without any prior notice of such restrictions or disclosure of your information.
MobRide reserves a right to modify, suspend or terminate your account and refuse current or future access to MobRide platform in its sole discretion.
- The App/website shall be used for lawful purposes only.
- You shall comply with all the applicable laws in your jurisdiction, including the copyright laws, export regulations, and process and procedures for using the Services on MobRide platform. You shall be solely responsible for your acts and omissions on MobRide.com.
- You shall never post or make any disparaging or derogatory comments about other Passengers, Drivers, or MobRide employees.
- You shall act in a professional and responsible manner, and provide your services with the highest standards of service delivery.
- You shall use the Services for intended purposes only.
- You shall never do anything to disrupt the Services on MobRide platform.
- You shall never do anything to compromise the security/functionality of MobRide.com, its App, or any other website, computer, server, network, database, software, or hardware connected to MobRide platform.
- You shall never do anything to disrupt, interfere, or reduce the functionality of other Drivers/Passengers account or their ability to use the Services on MobRide platform.
- You shall never try to regain access to any service or portion on the website, computer, server, network, database, software, or hardware connected to MobRide platform, from which your access has been restricted.
- You shall never post or share any content that is incorrect, erroneous, defamatory, offensive, obscene, vulgar, disturbing, sexually explicit, profane, menacing, and obtrusive of others’rights to privacy or publicity. You will be liable for your content, including but not limited to your service description, images, graphics, photos, audio and video clips, sounds, or any other material that you post on, transmit through, or link from or to MobRide.com.
- You shall never use any fabricated identity for using the Services. You shall warrant that submitted information and profile data is accurate, true, and reliable to your knowledge.
- You shall never use the Services for inappropriate or illegal activities. Spreading viruses, malicious codes and prohibited content, or promoting any kinds of misleading, unreliable, fabricated or unruly data or information is strictly prohibited. MobRide reserves a right to prohibit any conduct or activity on MobRide platform.
- Compromising the safety or security feature on the website, or testing, disrupting, or abusing any feature, service, application, system tool, network, server, record and user data which can be accessed through this website or linked websites shall be strictly prohibited.
- You are not allowed to modify, redistribute, or retransmit the content or resources on MobRide platform in any form or manner. Exploiting any brand name, signs, logos, trademarks, service marks, or information on the website, in any form or media,is strictly prohibited unless you are duly authorized by MobRide or the respective copyright owners.
MobRide reserve a right to charge a subscription and/or referral fee for licensing its App and providing timely information about service requests from Passengers and potential clients near your location who are looking for on-demand transportation services. Please acknowledge that your registration on this website is intended for business transactions.
Please acknowledge that MobRide is not a party to your business relationship/transactions with the Passengers. MobRide will only facilitate you by booking your services and collecting payment after successful completion/delivery of booked services (Charges). Although we collect payment on your behalf, it shall be deemed that you have directly received the Charges from the Passengers.
All fees and charges shall be inclusive of the applicable taxes, but it shall be your responsibility to bill additional expenses, including but not limited to tolls, duties, and parking tickets incurred by you in relation to your booked service.
You shall be entitled to quote your price for any transportation service, negotiate with the Passengers, and concede to their request for lower charges. If you consent to lower prices, MobRide will collect the Charges accordingly.
Once a booked service is successfully completed and the Charges are realized, the net proceeds after deducting the service charges will be deposited in your account ledger within 14 days from the service completion. You may withdraw your earnings to any bank account associated with your account.
MobRide reserves a discretionary right to determine, remove, or revise the service charges that may be applicable to your use of the Services on/through MobRide platform.
MobRide may offer discounts and promotional services to the Passengers. Once you accept any booking request at discounted or special prices, you shall be obligated to provide similar services as if booked at your regular prices. In case you don’t show up or dishonor a booking, MobRide shall be entitled to withhold all or any part of the compensation then owing to you and forfeit the outstanding balance in your account ledger as liquidating damages for loss of credibility and business due to your failure to deliver a booked service.
You hereby consent that MobRide shall be entitled to withhold or refuse payment to any Driver for whatever reasons it may deem necessary for. However, withholding of such compensation may not fully compensate that actual harm caused by your acts and omissions. In addition to withholding compensation, MobRide shall be entitled to initiate other remedies that may be applicable under the applicable laws.
Once you create an account on the App/website to offer your transportation services on MobRide platform, it shall be deemed as your representation and warrant that you will maintain the confidentiality of the Passengers referral information, including but not limited to their names, contact number, address, vehicle information, insurance information or other details of personal, business, or demographic profile.
You shall never share or disclose any personal or confidential information of any referred passenger that may, if disclosed, cause embarrassment or humiliation, or affect his or her self-esteem or acceptability in any community or thegeneral public. However, these restrictions will not apply when such disclosures are necessary to comply with these terms and conditions, applicable laws, and legal processes, or protect the health and well-being of any individual.
The confidentiality provisions of this section shall continue in perpetuity, and survive any suspension, termination or expiration of your account status as registered Driver on MobRide platform.
If we become aware that you have violated the confidentiality provisions, we may suspend/terminate your account to prevent any further use of the Services in our sole discretion, and initiate necessary remedies to recover damages for such violations including but not limited to the settlement or award of a claim against MobRide, legal and administrative expenses, lost profits, and other costs due to enforcing this provision.
You are not allowed to directly enter a contractual relationship with any Passenger registered on MobRide.com. All service requests and transactions between the Passengers and Drivers shall take place through our App, website, or phone calls to support executives. You should acknowledge and consent that contacting Passengers for offering similar/additional services being offered on the website or directly entering a business relationship with any Passenger you obtain knowledge of through MobRide platform shall be deemed as a material breach of this agreement and disqualify you to offer your services on MobRide platform.
If a Passenger directly contacts you to enter a business relationship outside MobRide.com, it shall be your obligation to report that passenger/client to our support executives, failing which shall be deemed as a material breach of this agreement.
If we become aware at any point that you entered a direct contractual relationship with any Passenger registered on MobRide platform or violated any provision of this agreement, we may suspend/terminate your account to prevent any further use of the Services in our sole discretion, and initiate necessary remedies to recover damages for such violations including but not limited to legal and administrative expenses, lost profits, and other costs due to enforcing this provision.
Subject to the applicable laws in your jurisdiction, the restrictions in this section will apply as long as you provide your services on MobRide platform or two years from the date you cease to be a registered Driver on MobRide platform.
Copyrights, Trademarks, and Intellectual Property
This website, its content, and presentation, including but not limited to the texts, images, graphics, design, scripts, software applications, sound or video recordings, page headers, logos, buttons, icons, trademarks, service marks, or any other material being made available by MobRide and involved copyrights, trademarks, patents, intellectual property, or proprietary rights (collectively the Content) is fully owned or licensed to MobRide. The Content and its compilation on this website are the exclusive property of MobRide or its collaborating partners, fully protected under the U.S. copyright and trademark laws and relevant international conventions. Copyrights @ 2016 MobRide. All rights reserved.
You may access, download or print the Content for personal and non-commercial use in relation to the Services being offered on this website, but nothing in this agreement shall grant you any rights,by implication, estoppel, or otherwise, to edit, copy, reproduce, transfer or redistribute the accessed / downloaded content for selling, leasing, republishing, creating derivative work or exploiting it in any manner or media without obtaining a prior consent from MobRide and/or the respective copyright owner.
You are not allowed to alter the sequences of any presentation, description, pictures, videos or illustrations in the accessed / downloaded content, or remove the copyrights, trademarks and relevant proprietary rights notice from such content. You should always respect the proprietary rights of the collaborating service providers, including their copyrights, trademarks, service marks and intellectual property.
You shall never use the Content in relation to any service/information that is not being provided by MobRide or do anything that disparages MobRide platform or causes confusion among the existing/potential clients. Your limited right to access, download, or print the Content shall cease upon the termination of this agreement.
MobRide shall never be a party to your business relationship with the Passengers. You shall provide your services on MobRide platform as anindependent contractor. Nothing on this website shall create or deemed as any kind of partnership, franchise, agent-principal, or employer-employee relationship between you and MobRide. You are not allowed to represent your business or services as an agent or legal representative of MobRide or enter into a business relationship on behalf of MobRide.
Being an independent contractor, you shall have no rights to claim any benefits or remunerations, including but not limited to health or retirement plans or any expenses that have not been provided in this agreement.
MobRide shall have no role or liabilities regarding your workers’ compensation, social security contribution, unemployment insurance, employer’s liability, employer’s FICA, or other taxes, or withholding such taxes and liabilities for or behalf of you or any other person or entity engaged by you in relation to your services under this agreement. You shall be solely liable for such costs and liabilities.
Changes in the Services
MobRide reserves a discretionary right to modify, add, remove, suspend or discontinue any feature/service being offered or made available on the MobRide platform, including but not limited to third party content, service information, and/or availability of any feature or aspect of the Service on the website.
MobRide will maintain a corporate automobile liability and automobile collision insurance, as determined by it, to provide general liability coverage for damages from any accident during the ride/transportation that may occur due to your fault. However, you must maintain the minimum motor vehicle insurance applicable in your jurisdiction, failing which no service shall be provided on MobRide platform. You shall carry a proof of your current insurance coverage and provide a copy to MobRide before you can receive referrals and accept bookings for your services.
The Passengers are also required to have a current automobile insurance and it shall be your liability to confirm that their property and liability damage insurance (Policy) is likely to cover any possible damages that have been contemplated in this agreement. Please acknowledge and consent that Drivers or the Passengerswill be personally liable for all damages that may not be covered by the Drivers’, Passenger’s or MobRide’sautomobile liability and collision insurance.
If you providing a driving/chauffeur service, it shall be your responsibility to inspect the Passengers vehicle for dents, scratches, or other pre-existing damages before you provide your services. We highly recommend that you shall bring such damages to the Passenger’s attention and create a written record before driving the vehicle.
If you find that the Passenger doesn’t have an effective insurance cover due to lapse, cancellation, or your failure to purchase a Policy, it shall be your obligation to immediately notify us.
Statutory Duty and Safety Guidelines
You are supposed to drive safely and follow the applicable laws and safety guidelines on the road. While providing your services as contemplated in this agreement, you shall refrain from the following activities and any such incidents or occurrences shall be sufficient for termination of your account on MobRide Platform:
- Any arrest/conviction for alleged or actual violation of traffic rules
- Any traffic ticket or conviction for driving under the influence.
- Any revocation/suspension of your driver’s license or unrestricted driving privileges.
- Any arrest or conviction for afelony or other charges that put a question mark on your moral
- Any revocation, suspension or lapse of your automobile insurance.
- Any automobile accident that occurs due to your fault.
- Any kinds of fabrication, misrepresentation, or inaccurate statements or information to register on MobRide platform.
- Any reported use of mobile devices while driving, including but not limited to texting, making phone calls, using apps, browsing Internet or watching videos while driving.
If we believe or become aware at any point that you provided transportation services to any Passenger while using, having used, or under the influence of any chemical agent or substance that causes intoxication or substantial impairment, we may immediately terminate your account on MobRide in our sole discretion and in reliance of any information that we may have.
You shall indemnify, defend and hold MobRide, its partners, subsidiaries, and service providers, and each of their directors, executives, employees, agents and representatives harmless, waiving them from all damages, losses, claims, allegations, lawsuits, or other proceedings or causes of action, including but not limited to costs, awards, settlements, attorney fees, and other expenses that may arise due to:
- Your use of MobRide platform or the Services
- Your violation of this agreement or applicable laws
- Your misrepresentation regarding any affirmation, representation, warranty, waiver, or claim in relation to the Services being offered on this website
- Your acts and omissions or negligence in relation to the Services being offered on this website
- Your infringement of third party rights, including their copyrights, intellectual property and rights of privacy or publicity.
- Unauthorized access to your account, personal identity or other sensitive information stored on the website
Please acknowledge that if the Passengers suffers any inconvenient due to your negligence (vehicle gets towed, ticketed, or the vehicle’s battery dies), you will be solely responsible for paying reasonable expenses (actual or proximate costs) that may result from such negligence.
These indemnities shall survive any termination of this agreement. MobRide shall be entitled to assume the exclusive defense of any subject matter under your indemnification and demand full reimbursement of expenses incurred in asserting available defenses against the claims or rectifying the damages. If MobRide submits any claim to its insurance carrier on your behalf, it shall never constitute a waiver of its rights under this section.
Procedures in case of accidents or injury
It shall be your responsibility to report all incidents of accident, injury, or violations of this agreement or applicable laws. Such reports shall be made in writing to email@example.com and provide a detailed description of events or violations, including time, place, and alleged damages.
Once you notify an incident, MobRide will take reasonable efforts to help you and provide necessary information to contact the local assistance, referral Passenger, and his/her insurance carrier. It shall be your responsibility to pursue any claim with your or the Passenger’s insurance carrier. If your and the Passenger’s insurance is not sufficient to cover the liabilities, you may send a claim under our corporate insurance policy.
All claims under our automobile liability and collision insurance cover shall carry an official report that the accident occurred due to your fault. In other cases, all remedy lies in your and the Passengers insurance cover. MobRide maintains a corporate insurance to provide a second layer of protection against unforeseen accidents when your or the passenger’s insurance is not sufficient to discharge your liabilities. MobRide reserves a right to pursue such claims on acase by case basis and decide, at any time, not to pursue any such claim in its sole discretion.
You shall consent to fully cooperate in investigations of any incident reported by you, your Passenger, and third parties, or lawsuits, arbitrations, and legal remedies that may influence our rights or interests under this agreement. This cooperation shall include the release of all relevant information, including but not limited to insurance, medical, law enforcement, or other records involving accidents, injury, and violation of this agreement or applicable laws.
Disclaimer of warranties
MobRide disclaims all warranties and representation to the maximum extent permissible under the laws. Nothing on the website shall create any kinds of implied warranty, condition, duty, or obligation at the common law or otherwise unless such warranties and conditions have not been specifically mentioned in this agreement.
We don’t make any kinds of warranty or representation that MobRide platform, or any content, information, product, or service being made available on/through it will meet your expectations. Nothing on this website including the oral or written communication by customer support executives shall create any kinds of express or implied warranty regarding availability, reliability, authenticity, merchantability, satisfactory quality, fitness or suitability of the Services as per your expectations/requirements, or non-infringement of rights in relation to such content, information, products, or services being offered on/through MobRide platform.
You should acknowledge that all content, information, product or services and related views, reviews, advice, suggestion, or recommendations are being provided on theas-is and as-available basis. We disclaim all warranties, whether express or implied, of accuracy, adequacy, reliability, or completeness of any information or content. You shall bear all the risks that may be involved in using the Services on/through MobRide platform.
Nothing on this website shall create any kinds of warranty or representation that the Services will be free from errors, omissions, viruses, infringements, or interruptions, and any such occurrence will be restored immediately or promptly.
We don’t warrant that the Services will be available all the times. MobRide shall not be liable for any temporary or permanent disruption, suspension or termination of the Services due to technical limitations, unforeseen circumstances, or changes in the Services itself. The Services may be temporarily suspended for maintenance, restoration, or introduction of new features/services.
Limitation of Liabilities
MobRide or any other party involved in creating, hosting, maintaining, producing or serving MobRide platform shall not be liable for any direct, indirect, incidental, consequential, punitive or special loss or damages, including but not limited to financial loss, low profits, cost saving, loss of credibility, business, goodwill, peace of mind or other intangible losses that may arise (1) in relation to any application, product, service or other content/resources being made available on the website, (2) your ability or inability to use MobRide platform, exclusive deals, promotional offers, or any other aspects of the Service being offered on the website, (3) any kind of injury to person or property and resulting liabilities, (4) escalated cost of subscribing on substitute platforms, (5) unauthorized access to your account and/or misuse of your personal information, (6) any kind of non-performance due to unforeseen circumstances, mistakes, errors and omissions, corruption of files or data, deletion of emails, viruses, or other interruptions, (7) delays in services due to any non-performance of third party service providers, hardware or software failure, network failure, or other circumstances beyond our reasonable control (6) any other matter related to the Services being offered or made available on this website, irrespective of the fact that such losses/liabilities resulted from any misrepresentation, willful negligence, tort, breach of contract and/or statutory responsibilities or otherwise, and the possibility of such damages was already conveyed to MobRide.
If your use of the Services, including but not limited to the products, services, information or any other content on/through MobRide platform or any other linked website results in any kind of loss, equipment failure, or repair/service requirements, you shall assume all responsibilities and bear all the costs involved in loss or repairs.
This limitation of liabilities shall apply to the maximum extent permissible in your jurisdiction. In any case, our entire liabilities whether arising from non-performance, misrepresentation, tort, breach of contract, negligence of statutory duty, restitution or otherwise, shall never exceed the total amount that you paid for six months subscription immediately preceding any such event that makes us liable.
This section shall apply to all products, services, or content that is being made available on this website or through MobRide platform.
The parties shall consent to resolve their disputes through mutual negotiations. In the parties are unable to negotiate, the aggrieved party may initiate an arbitration process to be adjudicated in the State of California. The parties shall consent to share the cost of such arbitration. The arbitrator should have no authority to award punitive and consequential damages, and the parties shall waive their rights to class arbitration, class action, or other representative action or proceedings.
This agreement shall be deemed as part of your entire agreement with MobRide and supersedes all prior promises and contracts regarding your use of the services on/through MobRide platform.
MobRide reserves a right to terminate this agreement at any time and in its sole discretion. MobRide shall have no obligation to explain the reasons of any suspension or termination of your account/registration. You can also cancel your subscription at any time by deactivating your account or writing at firstname.lastname@example.org.
You are not allowed to modify or change your rights and obligations under this agreement unless such modifications in this agreement are obtained in writing and duly signed by the parties to this agreement.
If MobRide is unable to enforce a strict compliance with this agreement or decide to ignore your non-performance due to specific circumstances, it shall never be deemed as a waiver of its right to demand strict compliance for any subsequent violation of this agreement.
You hereby affirm that you have read this agreement, understand its provisions, and consent to this agreement with asound mind, negating intoxication and waiving all defenses to the enforceability of these terms and conditions.
Changes to this Agreement
MobRide reserves a discretionary right to modify or replace this agreement at any time. If these terms and conditions are changed/modified, we will publish an update notification and inform you by sending a notification at your primary email address registered on the website. Continued access to this website or use of the Services shall be deemed as your consent to accept the modified agreement.