Terms & Condition

PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING THE APPLICATION (APP)

Your access and use of the App constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and Smart drive. Privacy Policy form’s part and parcel of the Terms and Conditions. If you do not agree to these Terms, you may not access or use the App. Smart drive may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the use of the App or any portion thereof, at any time for any reason. Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the App. Supplemental terms shall prevail over these Terms in the event of a conflict. Smart drive may amend the Terms from time to time. Amendments will be effective upon Smart drive’s posting of such updated Terms as ‘supplemental terms. Your continued access or use of the App after such posting constitutes your consent to be bound by the Terms, as amended. Smart drive may provide to a claim’s processor or an insurer any necessary information (including your contact information) if there is a complaint, dispute or conflict, which may include an accident, involving you and a Third Party and such information or data is necessary to resolve the complaint, dispute or conflict.

Service Description:

Smart Drive operates a technology based electronic Application which seeks to provide vehicle service through employed drivers to Smart Drive’s employees, officers, representatives and/or any other person permitted by Smart Drive (hereinafter referred to as ‘employer’).

Smart Drive and its affiliates (“we,” “our,” and/or “us”) value the privacy of the individuals who use our application (App), and related services. This privacy policy (the “Privacy Policy”) explains how we collect, use and share information from Drivers of our Services (“Users,” “you,” and/or “your”) to enhance your driving experience by using this App.

Use of Application:

The Application allows to track the GPS location through the mobile device/smart phone on which you have downloaded the Application, it shall detect the location and shall send the location information to the relevant users and employer. The Application tracks the daily activities of the users and view the Users progress, in real time.

Smart Drive is an App created for the employees, officers, representatives and/or any other person permitted by Smart Drive (hereinafter referred to as ‘employer’) to locate the users. Smart Drive disclaims any and all liability in respect of the users including any claims of employment or any vicarious liability arising out of the Service or otherwise.

Eligibility and Agreement:

User means any individual driver that legally operates in India and uses and is employed by Smart Drive. 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.

Smart Drive advises its users that while accessing Application, they must follow/abide by the applicable laws. Smart Drive may, in its sole discretion, refuse the Service to anyone at any time.

This Agreement applies to all its users offered on the Application, collectively with any additional terms and condition that may be applicable.

Interpretation:

Any reference to the singular includes a reference to the plural and vice versa, unless explicitly provided for otherwise; and any reference to the masculine includes a reference to the feminine and vice versa.
Headings and captions are used for convenience only and will not affect the interpretation of these T&Cs.
Any reference to a natural person will, unless repugnant to the context, include his heirs, executors and permitted assigns. Similarly, any reference to a juristic person such as SMART DRIVE will, unless repugnant to the context, include its affiliates, successors and permitted assigns.

Registration:

You can register as a User, by providing a valid phone number, Your name, valid and functional e-mail address and any other additional information, or other information as We may deem fit. (“Registration Data”).
You shall ensure that the Registration Data provided by You must be accurate, complete, current and true. We shall bear no liability for false, incomplete, old or incorrect Registration Data provided by You.
You hereby expressly consent to receive communications from Us through Your registered phone number and/or e-mail id. You consent to be contacted by Us via phone calls/SMS notifications. You agree that any communication so received by You from Us will not amount to spam, unsolicited communication or a violation of Your registration on the national do not call registry.
You are solely responsible for maintaining the confidentiality of Your Registration Data and will be liable for all activities. The password and other details of the Account should not be shared with any third party. Your Account is non-transferable and is not capable of being sold to a third party. We shall not be liable for any loss that You may incur as a result of someone else using Your password or Account or accessing Your device, either with or without Your knowledge.
In the event of any change in the said information, You agree to promptly update Your Account information to ensure that the communications We intend to send to You are promptly delivered to You and are not sent to any other entity/third party.
We reserve the right to suspend or terminate Your Account with immediate effect and for an indefinite period, if We have a reason to believe that the Registration Data or any other data provided by You is incorrect or false, or that the security of Your Account has been compromised in any way. We reserve the right to suspend or terminate Your Account for reasons including and not limited to any fraud charges against You raised by the bank or concerned authorities and We also reserve the right to share Your information with them for the purposes of investigation.
We allow You to open only one Account in association with Registration Data provided by You. In case of any unauthorized use of Your Account please immediately reach Us at contact@smartdriveapp.net.
In case, You are unable to access Your Account, please inform Us at contact@smartdriveapp.net and make a written request for blocking Your Account. We will not be liable for any unauthorized use of Your Account prior to You making a request in writing for blocking and We shall require at least 72 (Seventy Two) hours to process your request unless in case of force majeure events which are beyond Our reasonable control.

We Are Committed to Protecting Your Privacy:

Smart Drive takes privacy seriously. We are committed to instituting and maintain policies and procedures which keep the privacy of users. The Application does not keep any personal information gathered from its users.

In Smart Drive, we are committed to protecting the privacy of our users and the who interact with our services. This privacy policy outlines how we collect, use, and protect information within the Application. We collect only minimum amount of information provider by the user that is commensurate with providing a satisfactory service. This policy indicates the type of processes that may result in data being collected about you. Your use of this application (App) gives us the right to collect that information.

Information Requested:

We may collect non-personal information. We may collect any or all the information that may be needed from time to time to process a request may also be collected as indicated on the Application.

Information is collected from users when you contribute to or use some of the advanced features on the Application. The information collected is clearly identified on the Application on which we collect it. In addition, we may collect your IP address and use cookies unless you configure your Application to not accept them.

Smart Drive Application uses information by e-mail options for visitors to request information or express their interest. We will not share, rent or sell your information to any third party, and will use reasonable efforts to maintain the confidentiality of the information you provide. Any information will be used for internal business purposes only, and to support your relationship with Smart Drive.

Information You Provide to Us:

Registration, Profile Information and Communications:

As you use our Services, we may ask for basic information such as your name, email address, phone number, profile photo, the type of driver you are (e.g., commercial, rideshare, individual). If you sign up for our Services using a social media account, such as a Facebook or Google account, we may also receive information from those social media services, such as your name, email address, and profile photo.

If you contact us directly, we may receive additional information about you. For example, if you email our Support Team, we will receive information such as your name, email address, the contents of your message, any attachments you may send to us, and any other information you choose to provide. If you subscribe to receive our updates, we will collect certain information from you such as your name, email address, company name, and phone number.

Information We Collect:

We receive your device’s precise location information when you use our Services. We may directly collect your precise location when our Services are running in the foreground or background. You can prevent your device from sharing precise location information at any time through your device’s operating system settings. However, location is core to our Services and without it, you may not be able to successfully use our Services.

To help us understand how you use our Services and to help us improve them, we automatically receive information about your interactions with our Services, like the pages or other content you view and interact with, the searches you conduct, the purchases you make, and the dates and times of your visits.

Use of Information:

We use information to provide, maintain, improve, and enhance our Services of our application to increase the accuracy of our services. We use the information collected primarily to process the task for which you use the Application and to personalize your experience on our Services such as by providing tailored content and recommendations; To understand and analyze how you use our Services and develop new products, services, features, and functionality; To communicate with you, provide you with updates and other information relating to our Services, provide information that you request, respond to comments and questions, and otherwise provide customer support; To send you text messages and push notifications; To find a prevent fraud, and respond to trust and safety issues that may arise.

All reasonable precautions are taken to prevent unauthorised access to this information. For compliance purposes, including enforcing our Terms of Use or other legal rights, or as may be required by applicable laws and regulations or requested by any judicial process or governmental agency; and for other purposes for which we provide specific notice at the time the information is collected.

Data Security:

We utilize industry-standard encryption technologies when transferring and receiving user data exchanged with our application. We also have adequate security measures at our physical facilities to protect and retain information collected from you at our application.

Changes to the Policy:

Please note that this Policy may change from time to time. Any changes to our Privacy Policy will be placed here and will supersede this version of our policy. We will take reasonable steps to draw your attention to any changes in our policy. However, to be on the safe side, we suggest that you read this document each time you use the website to ensure that it still meets with your approval.

Intellectual Property Rights:

Smart Drive is the sole owner or lawful licensee of all the rights to the Application and its content. Application content means its design, layout, text, images, graphics, sound, video etc. The Application content embodies trade secrets and intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the Application and its content shall remain with Smart Drive.

All rights, not otherwise claimed under the Application are hereby reserved. The information contained in this Application 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 Application, 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 Application, Content, features or facilities, directly or indirectly, without our prior written permission of Smart Drive.

Copyright:

All content on this Application is the copyright of Smart Drive except the third party content and link to third party Application on our Application, if any. Systematic retrieval of Smart Drive 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 Smart Drive 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 Application to infringe the intellectual property rights of others in any way. Smart Drive 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 Smart Drive believes that User’s conduct is harmful to the interests of Smart Drive, its affiliates, or other Users, or for any other reason in Smart Drive sole discretion, with or without cause.

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@smartdriveapp.net.

Representations And Warranties:

As a precondition to your use of the Services, you represent and warrant that:

The information you provide to Smart drive is accurate and complete. Smart drive service is only available for private cars for non-commercial purposes within the city limits as designated on our App. 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 Smart drive service is being utilized only for non-commercial purposes in a private car. Smart drive is entitled, at all times, to verify the information that you have provided and to refuse the Service or use of the Application without providing reasons.
You will only access the Service using authorized means. You are responsible to check and ensure you download the correct Application for your device or the correct Website in your computer. Smart drive shall not be liable if you do not have a compatible mobile device or if you download the wrong version of the Application for your mobile device. Smart drive reserves the right to terminate the Service and the use of the Application should you use the Service or Application with an incompatible or unauthorized device.
You have the legal right and authority to possess and operate the vehicle when engaging in the App and you confirm, represent and warrant that the said vehicle is maintained in good operating condition and ensure that vehicle meets the industry safety standards and all applicable statutory requirements for a motor vehicle of its kind at all times.
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 App or yourself as the Driver. In any such event Smart drive 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.

Indemnity:

The User shall defend, indemnify and hold, Smart Drive, 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.

Limitation Of Liability:

Smart drive shall not be liable for indirect, incidental, special, exemplary, punitive or consequential damages, including lost profits, lost data, personal injury or property damage related to, in connection with, or otherwise resulting from any use of the services by the driver due to negligence of the driver.

Jurisdiction:

The courts Of Mumbai, India shall have the sole and exclusive jurisdiction in respect of any matters arising from the use of the Services offered by Smart Drive or the Terms of Use or any arrangement between Smart Drive and the User.

Force Majeure:

We shall not be liable for any failure to perform any obligations under policies, if the performance is prevented, hindered or delayed by a Force Majeure Event and in such case its obligations shall be suspended for so long as the Force Majeure Event continues. For the Purpose of this clause “Force Majeure Event” shall mean any event arising due to any cause beyond the reasonable control of the Party, including, without limitation, unavailability of any communication system, sabotage, fire, flood, explosion, acts of God, civil commotion, strikes or industrial action of any kind, riots, insurrection, war or acts of government.

Termination:

We reserve the right to modify, terminate or suspend Services to You at any time without prior notice due to any changes in internal policy or the Applicable Laws or any breach of these T&Cs by You or for any reason whatsoever. You can terminate Your Account by submitting a request to Us at contact@smartdriveapp.net. We will make every effort to respond to Your request for termination at the earliest. If a User violates the terms and conditions of use, Smart drive reserves the right to deactivate all such user registrations and cancel without any notice.

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.

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.

Governing Law and Dispute Resolution:

Any dispute, controversy or claim arising out of or relating to this Policies or the validity, interpretation, breach or termination thereof (“Dispute”), including claims seeking redress or asserting rights under the Applicable Law shall be amicably settled through mutual consultation and escalation. If the Dispute is not settled amicably as aforesaid within a period of [14] (Fourteen) calendar days, the matter would be referred to arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996 and as amended from time to time. Arbitration shall be presided over by a sole arbitrator mutually appointed by Us and the User.
The arbitration proceedings shall be conducted in the English language or language mutually agreed between both parties. The venue for the arbitration proceedings shall be Mumbai.
This Policy shall be governed by and construed in accordance with the laws of, We and You agree and undertake that any controversy or claim arising out of or relating to these T&Cs will be adjudicated exclusively before a competent court in Mumbai, India only.

Miscellaneous:

The information contained in this Application is for general information purposes only. The information is provided by SMART DRIVE 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 Application or the information, products, services, or related graphics contained on the Application 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 Application or Service.
Every effort is made to keep the Application up and running smoothly. However, SMART DRIVE takes no responsibility for, and will not be liable for, the Application 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 SMART DRIVE with respect to access to and use of the Application and the Services offered by SMART DRIVE, superseding any prior written or oral agreements in relation to the same subject matter herein.

Exclusions Due To Fault Attributable To User:

Fraud or criminal activity on the part of the user or the Beneficiary.
Loss resulting from detention or confiscation by customs or other Government or public authorities.
Any failure of the vehicle to operate as a result of problems with respect to mechanical and electrical failures.
Loss arising due to any unlawful or illegal activities including criminal acts or acts of war or the insured equipment is used.
Consequential loss of any kind or description.
Loss or damage as a result of manufacturing defect owing to which a insured equipment fails to operate.
Rebellion, Insurrection, Civil Commotion, Military unsurped power, Seizure, Capture ,Confiscation, Arrest, Restraints and or detainment by order of any Government or any other Authority.
Intentional overloading of the insured equipment. Loss or damage due to any experiments or tests and/or alterations resulting into any abnormal conditions.
Loss or damage to accessories of whatsoever nature.
Loss or damage caused by any third party.

Contact Us:

If you have any questions about our Terms & Conditions, or if you want to know what information we have collected about you, please email us at contact@smartdriveapp.net.