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General Terms for userThese General Terms set forth the main terms and conditions applying to and governing the usage of the Diva taxi Services. In order to provide Transportation Services via using the Diva taxi Platform, you must agree to the terms and conditions that are set forth below.
- Definitions and Interpretation
- Access to Our Application
- Cashless Earnings
- Intellectual Property Rights
- User Content
- Links to Our Application
- Links to Other Sites
- Our Liability
- Acceptable Usage Policy
- Contacting Us
- Communications from Us
General Terms for DriverThese General Terms set forth the main terms and conditions applying to and governing the usage of the Diva taxi Services. In order to provide Transportation Services via using the Diva taxi Platform, you must agree to the terms and conditions that are set forth below.
- Definitions and Interpretation
- Our Application Any Driver seeking to become a Diva taxi Driver must first apply for and succeed in passing all the necessary requirements, including but not limited to: interview, satisfactory completion of background checks, completion of training, and verification of vehicle. We reserve the right to discontinue, stop or preclude anyone from accessing our Application at any time and for any period. I Will not be liable to you in any way if such access is made unavailable to you at any time. It is the responsibility of the Diva taxi Driver to make any and all arrangements necessary in order to access Our Application. Any Diva taxi Driver who is unable to access the Application should contact us for clarification and guidance. Access to Our Application is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Application (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Application (or any part of it) is unavailable at any time and for any period.
- Accounts Once a Driver is approved as a Diva taxi Driver he/she will be provided with an account. When registering as a Diva taxi Driver and creating an Account, the information the Driver provides must be accurate and complete. If any of the information changes at a later date, it is the Driver’s responsibility to ensure that the Account is kept up-to-date. It is the responsibility of the Diva taxi driver to protect their account details and ensure that no-one else gains access. Any unauthorized access to a Diva taxi Driver’s account shall be the responsibility of the Diva taxi Driver and the Diva taxi Driver shall be liable for any resulting financial loss. If a Driver believes their Account is being used without their permission, please contact us immediately on the Diva taxi Customer Care Line. Diva taxi will not be liable for any unauthorized use of any Account. A Diva taxi Driver must not use any other Driver’s Account on any Diva taxi application. Any personal information provided in a Driver’s Account will be collected, used, and held in accordance with the rights and obligations under the law, as set out in Clause 17. Diva taxi reserves the right to suspend or deactivate a Driver’s account any time.
- Deferred Payment under some circumstances, a Diva taxi Driver may be offered the option of paying in installments/deferred payment on some of the charges or fees due to Diva taxi at the discretion of Diva taxi. The balance of deferred payment will be clearly displayed to Diva taxi Drivers in the Diva taxi Application. It is the responsibility of the Diva taxi Driver to contact the Diva taxi Support Desk in the event that they believe that the displayed balance is incorrect. Diva taxi Drivers understand and agree that we will make deductions from their earnings to settle the deferred payment balance. In the event that a Diva taxi Driver does not have sufficient earnings to meet the deferred payment terms then Diva taxi reserves the right to suspend the Diva taxi Driver’s account and collect all Diva taxi Equipment.
- Intellectual Property Rights With the exception of User Content (see Clause 7), all Content included on Our Site and the copyright and other intellectual property rights subsisting in that Content, unless specifically labeled otherwise, belongs to or has been licensed by us. All Content (including User Content) is protected by applicable Ugandan, Kenyan, Nigerian and international intellectual property laws and treaties. You may not reproduce, copy, distribute, sell, rent, sub-license, store, or in any other manner re-use Content from Our Application unless given express written permission to do so by Us. A User may: Access, view and use Our Application in a web browser (including any web browsing capability built into other types of software or app); Download Our Application (or any part of it) for caching; Print one copy of any page(s) from Our Application; Download extracts from the pages on Our Application; and Save pages from Our Application for later and/or offline viewing. Our status as the owner and author of the Content on Our Application (or that of identified licensors, as appropriate) must always be acknowledged. A User may not use any Content saved or downloaded from Our Application for commercial purposes without first obtaining a license from Us (or our licensors, as appropriate) to do so.
- User Content User Content on Our Site includes (but is not necessarily limited to) product reviews, comments etc. An Account is required if a User wishes to submit User Content. Please refer to Clause 3 for more information. A User agrees to be solely responsible for their User Content. Specifically, they agree, represent and warrant that they have the right to submit the User Content and that all such User Content will comply with Our Acceptable Usage Policy, detailed below in Clause 12. A User agrees to be liable to us and will, to the fullest extent permissible by law, indemnify us for any breach of the warranties given by us under sub-Clause 6 A User will be responsible for any loss or damage suffered by us as a result of such breach. A User (or your licensors, as appropriate) shall retain ownership of their User Content and all intellectual property rights subsisting therein. When a User submits User Content they grant Us an unconditional, non-exclusive, fully transferable, royalty-free, perpetual, worldwide license to use, store, archive, syndicate, publish, transmit, adapt, edit, reproduce, distribute, prepare derivative works from, display, perform and sub-license the User Content for the purposes of operating and promoting Our Application. In addition, the User also grants Other Users the right to copy and quote their User Content within Our Application. We may reject, reclassify, or remove any User Content from Our Site where, in Our sole opinion, it violates Our Acceptable Usage Policy, or If We receive a complaint from a third party and determine that the User Content in question should be removed as a result.
- Links to Our Application A Diva taxi Driver may use or create a link to our Application provided that: It is done in a fair and legal manner; It is not done in a manner that suggests any form of association, endorsement or approval on Our part where none exists; A Diva taxi Driver does not use any logos or trademarks displayed on Our Application without Our express written permission; and A Diva taxi Driver does not use our Application in a manner that causes damage to Our reputation or to take unfair advantage of it. Framing or embedding of Our Application on other websites is not permitted without Our express written permission. Please contact Us at email@example.com for further information. A Diva taxi Driver shall not link to Our Application from any other site the main content of which contains material that: is sexually explicit; obscene, deliberately offensive, hateful or otherwise inflammatory; promotes violence; promotes or assists in any form of unlawful activity; discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age; Is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person; Is calculated or is otherwise likely to deceive another person; Is intended or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy; misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions of this sub-Clause 7.4); implies any form of affiliation with Us where none exists; infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trademarks and database rights) of any other party; or Is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence. The content restrictions in sub-Clause 8.7 do not apply to content submitted to sites by other users or drivers provided that the primary purpose of the site accords with the provisions of sub-Clause 8.7. A User, for example, is not prohibited from posting links on general-purpose social networking sites merely because another user may post such content. A Diva taxi Driver, however, is prohibited from posting links on websites which focus on or encourage the submission of such content from users.
- Links to Other Sites Links to other sites may be included on Our Application. Unless expressly stated, these sites are not under Our control. We neither assume nor accept responsibility or liability for the content of third-party sites. The inclusion of a link to another site on Our Application is for information only and does not imply any endorsement of the sites themselves or of those in control of them.
- Disclaimers Nothing on Our website constitutes advice on which a Diva taxi Driver shall rely. It is provided for general information purposes only. Insofar as is permitted by law, we make no representation, warranty, or guarantee that Our Application will meet your requirements, not infringe on the rights of third parties, be compatible with all software and hardware, or that it be secure. We make reasonable efforts to ensure that the Content on Our Application is complete, accurate, and up-to-date. We do not, however, make any representations, warranties or guarantees (whether express or implied) that the Content is complete, accurate, or up-to-date. Please note that this exception does not apply to information concerning services for sale through Our Site.
- Contacting Us
- Law and Jurisdiction These Terms and Conditions and the relationship between the User and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the laws of the country in which the Application is licensed and the goods or services available in the Application are provided. If a User is a consumer, any dispute, controversy, proceedings or claim between him or her and Us relating to these Terms and Conditions, or the relationship between him or her and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of the country in which the Application is licensed and in which the goods or services available in the Application are provided. If a User is a business, any disputes concerning these Terms and Conditions, the relationship between the User and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of the country in which the Application is licensed and in which the goods or services available in the Application are provided.
- Personal Data That You Provide to Us.In order to provide you with personalized services and features we ask you to register and establish your personal account (“Account”). During the registration process we will ask you for Personal Data such as your name, telephone number, gender, birth date, e-mail address, password, etc. This Personal Data is used to customize the Offerings to you and to provide you with personalized service. Depending on the part of the Offerings you are accessing, you may be asked at various times, for example, by filling out a form or survey, to provide Personal Data such as name, gender, e-mail address, and birth date. Personal Data is collected primarily to make it easier and more rewarding for you to use our Offerings.
- Personal Data Collected via Technology.To make our Offerings more useful to you, our servers (which may be hosted by a third party service provider) collect Personal Data from you, including browser type, Internet Protocol (IP) address (a number that is automatically assigned to your computer when you use the Internet, which may vary from session to session), domain name, and/or a date/time stamp for your visit. Like most Internet services, we automatically gather this Personal Data and store it in log files each time you visit our Site.
- Children.We do not intentionally gather Personal Data from users who are under the age of 18.
- USE OF YOUR DATA
- General.In general, Personal Data you submit to us is used either to respond to requests that you make, or to aid us in serving you better. We use your Personal Data (i.e., e-mail address, gender, and password) to personalize our Offerings; to deliver personalized information to you; to send you administrative e-mail notifications, such as security or support and maintenance advisories; to respond to your questions; and to send you special offers related to our Offerings and for other marketing purposes of diva taxi. Your e-mail address is used to secure your Account and to make our personalized e-mail services available to you. You will only receive 2 types of messages from diva taxi:
- Diva taxi updates and announcements regarding our service if you have opted-in during the registration process. At any time you can opt-out this by clicking the unsubscribe link in the email received.
- Service emails, with no commercial purpose, related to your activity on Diva taxi, (registration confirmation, ticket purchase confirmation, departure request, rating request, etc) All these emails are necessary to provide the service.
- IP Addresses.We use your IP Address to help diagnose problems with our server, to administer our web site, and to track trends and statistics.
- E-mail Address.The e-mail address you submit to sign up for our service will never be sold to any third party. All e-mail you receive will be sent to you exclusively by Diva taxi, or by third party contractors in connection with your use of our services.
- DISCLOSURE OF YOUR DATA
- Co-branded Service Offerings.We may enter into agreements with certain businesses (each, a “Partner Company”) pursuant to which we provide the Partner Company with a URL and a customer registration page co-branded with, or private labeled by, the Partner Company, and the Partner Company distributes and promotes the URL to its customers. A Partner Company may want access to Personal Data that we collect from its customers. As a result, if you register on a website through a Partner Company, we may provide your Personal Data to the Partner Company. Because we do not control the privacy practices of our Partner Companies, you should read and understand their privacy policies.
- Third Party Contractors.We may share your Personal Data with third party contractors or service providers (“Third Party Contractors”) to provide you with the services that we offer you through our Site; to provide technical support; to process payments; or to provide specific services in accordance with your instructions. These Third Party Contractors are required not to use your Personal Data other than to provide the services requested by us. You expressly consent to the sharing of your Personal Data with our Third Party Contractors for the sole purpose of providing the Offerings to you.
- STORAGE AND SECURITY
- OTHER WEBSITE LINKS
- UPDATING/DELETING YOUR ACCOUNT
- Changes to Personal Data.You can view and update the Personal Data you provided by logging into your Account on our website or mobile apps.
- Deleting your Personal Data. We retain your account information until you delete your account. You may request deletion of your Personal Data by sending a request to firstname.lastname@example.org. We do retain some of your information after your account has been deleted as necessary to comply with our legal obligations, to resolve disputes, to enforce our agreements, to support business operations and to continue to develop and improve our Services. Where we retain information for Service improvement and development, we take steps to eliminate information that directly identifies you, and we only use the information to uncover collective insights about the use of our Services, not to specifically analyze personal characteristics about you.
- Opt-out.If you receive diva taxi messages or promotional communications by e-mail, you can at any time “opt-out” by following the unsubscribe instructions provided in the e-mail you receive. Should you decide to opt-out of receiving future mailings, we may share your e-mail address with our Third Party Contractors to ensure that you do not receive further communications from us.
- SERVICE-RELATED ANNOUNCEMENTS
- DISPUTE RESOLUTION
- CONTACTING US