TERMS
For drivers
Kindly Read These Terms Carefully Before Accessing Appiadrive And Its Services.
Eligibility and Agreement
1.1. The service is available to individuals who are at least 18years of age and have a valid driver’s license. Such individual must also be able to provide criminal records, satisfactory and precise state of the vehicle and a GPS- enabled mobile device. You must have all licenses like permits, car insurance, liability insurance (if applicable), registrations, certifications and other documentation that are required in the applicable jurisdiction for providing the e-hailing services. It is your obligation to maintain the validity of all aforementioned documentation. AppiaDrive reserves the right to require you to present evidence and submit for review all the necessary licenses, permits, approvals, authority, registrations and certifications. Inability to comply with the provided requirements and conditions may result in
termination of the Agreement and right to use the AppiaDrive services.
1.2. In using the AppiaDrive App, you may not; modify the AppiaDrive in any manner or form or to use modified versions of the AppiaDrive; transmit files that contain viruses, corrupted files, or any other programs that may damage or adversely affect the operations on AppiaDrive Platform; attempt to gain unauthorized access to the AppiaDrive App, AppiaDrive Driver Account or any other AppiaDrive Services. After termination of the Agreement you must immediately stop using the AppiaDrive App and we are entitled to block and delete Driver’s account without a prior notice. The License granted herein revokes automatically and simultaneously with termination of the Agreement.
1.3. Driver is hereby guarantee to provide e-hailing services in accordance with the General Terms, as well as laws and regulations applicable in the state where driver is providing e-hailing services. Also, note that driver is fully liable for any violation of any local laws and regulations as may arise from providing services.
1.4. Driver must provide the e-hailing services in a professional manner in accordance with the business ethics applicable to providing such services and endeavor to perform the Passenger’s request in the best interest of the Passenger. Among else, you (a) must take the route least costly for the Passenger, unless the Passenger explicitly requests otherwise; (b) may not make any unauthorized stops; (c) may not have any other passengers in the vehicle
other than the Passenger and the passengers accompanying the Passenger.
1.5. Driver must adhere to any applicable traffic acts and regulations, i.e must not conduct any actions that may disrupt driving or the perception of traffic conditions, including holding a phone in his/her hand while the vehicle is moving. You also retain the sole right to determine when you are providing the services. You shall accept, decline or ignore services requests made by Passengers at your own choosing.
1.6. Driver must note that using the AppiaDrive App may bring about consummation of large amount of data on your mobile data plan. Thus, we suggest you to subscribe for a data plan with unlimited or very high data usage capacity.
CHARGES
2.1. Driver is entitled to charge a fare for each instance you have accepted a Passenger on the AppiaDrive Platform and completed the e-hailing service as requested. The Fare is calculated based on a default base fare, the distance of
the specific journey as determined by the GPS-based device and the duration of the specific travel. The default base fare may fluctuate based on the local market situation. In markets with In-app payment, you may negotiate the Fare by
sending us a pertinent request that has been either signed digitally or by hand.
2.2. AppiaDrive may adjust the charge for a particular order completed, if we detect a violation (such as taking a longer route or not stopping the fare meter of the AppiaDrive App after the e-hailing services have been completed) or in case a technical error affecting the final charge is identified. AppiaDrive may also reduce or cancel the charge in case we have reasonable cause to suspect a fraud or a complaint by the Passenger indicates a violation by you. AppiaDrive will only exercise its right to reduce or cancel the charge in a reasonable manner.
TIPS
3.1. Passenger may be given the option to tip you after a successful provision of the e-hailing service. The Passenger can Tip you only by means authorised by AppiaDrive for Tipping. The Tip will not affect the amount of AppiaDrive Fees and AppiaDrive will not collect a commission on the Tip paid by the Passenger. You are however obliged to fully comply with any tax obligations arising from the Tipping.
RECEIPTS
4.1. AppiaDrive shall create and forward a receipt to the Passenger consisting of some or all of the following information: the company’s business name, place of business, the first name and surname of the Driver, a photo of the Driver, service license number (if applicable), the registration number of the vehicle, the date-, the time-, the start and end locations-, the duration and length-, the charge and Tip paid for the provision of the e-hailing services. The receipt of each provision of e-hailing services is available to you via the AppiaDrive Driver Account after each successful provision of e-hailing services.
CANCELLATION & WAIT TIME CHARGE
5.1. Passenger may cancel a request for e-hailing services that a Driver has accepted via the AppiaDrive App. Driver may also be entitled to the Fare for cancelled e-hailing services (Cancellation Fee) in the event that a Passenger cancels accepted request for e-hailing services after certain time period determined by AppiaDrive App.
INVOICES
6.1. AppiaDrive has a right to issue an invoice on your behalf to the Passenger in order to compensate you any Fares, contractual penalties or other charges that AppiaDrive mediates to you. The invoice will also be made available to you via
the AppiaDrive Driver Account.
TAX
7.1. Driver must oblige to fully comply with all tax obligations that arise to you from the applicable laws in relation to providing the e-hailing services, including (i) paying income tax, social security tax or any other tax applicable; and (ii) fulfilling all employee and tax registration obligations for calculations in regard to accounting and transfers to applicable State authorities as required by the applicable law.
CUSTOMER SUPPORT
8.1. For support, AppiaDrive will provide the Drivers customer support regarding the use of the AppiaDrive. AppiaDrive have the right to stop providing the customer support services in case you are in delay with any of the payments for more than 4 (four) calendar days.
RATINGS
9.1. In order to guarantee high-quality service and provide additional reassurance to Passengers, you hereby acknowledge that the Passengers may provide you a rating and leave feedback regarding the quality of the e-hailing services that you have provided. Your average rating will be linked to your Driver´s account and will be available to Passengers at AppiaDrive App.
HIGH DEMANDS NOTIFICATION
10.1. AppiaDrive may send you, via the AppiaDrive App, Driver Account, SMS, e-mail or other means, high demands, in order to increase your awareness regarding when the demand by the Passengers is highest. Such information is merely recommendatory and do not constitute any obligations for you. As high demands estimations are based on previous statistics, we cannot give any guarantees that the actual market situation will correspond to the estimations provided in the market demands.
10.2. AppiaDrive may also occasionally arrange various campaigns to Passengers in order to promote the AppiaDrive Platform. If the fee paid by the Passengers is reduced as part of such campaign, we shall pay you compensation, amounting to the monetary value of the benefit offered to the Passengers. We may set off the marketing compensation against the AppiaDrive Fee.
BUILDING GREAT RELATIONSHIPS
11.1. Driver hereby acknowledge and agree that we provide e-hailing services. By providing the AppiaDrive Platform and Services, we act as marketplace connecting Passengers with Drivers to help them move around cities more
efficiently. Driver must acknowledge that you are providing the e-hailing services on the basis of a contract for carriage of passengers and that you provide the e-hailing services either independently or via a company as an economic and professional activity. AppiaDrive, as the operator of AppiaDrive App acts as the commercial agent of the Drivers for the mediation of conclusion of contracts between the Driver and the Passenger, and thus, among other things, accepts payments from the Passengers and forwards the payments to the Driver.
11.2. Driver must acknowledge that no employment agreement nor an employment relationship has been or will be established between you and us. You also acknowledge that no joint venture or partnership exists between you and us. You may not act as an employee, agent or representative of us nor bind any contract on behalf of us. If due to the implication of mandatory laws or otherwise, you shall be deemed an employee of us, you hereby agree to waive any claims against us that may arise as a result of such implied employment relationship.
11.3. You may not transfer your rights and obligations deriving from the General Terms or Agreement to any third party.
PROCESSING OF PERSONAL DATA
12.1. AppiaDrive has access to all personal data and other data provided or generated in connection with your use of the AppiaDrive Services. AppiaDrive shall take all reasonable steps to ensure confidentiality of such data and comply with all applicable Privacy Policies and laws whenever such data contains personal data. Except where otherwise provided by applicable Privacy Policies and laws, AppiaDrive maintains access to such data also after the Agreement between you and AppiaDrive is terminated.
LOCATION USE
Efficient Matching: Appia Drive uses location tracking and enables the app to pair passengers with nearby drivers swiftly. By pinpointing a user’s location, the app can connect them with the closest available driver, reducing wait times significantly.
Accuracy in Navigation: Knowing the exact location of both the rider and the driver ensures accurate navigation. This helps Appia drivers reach passengers promptly and efficiently, avoiding delays or confusion about pick-up spots.
Real-Time Updates: Constant location updates allow both Appia drivers and riders to track each other in real time. This transparency ensures riders can anticipate their driver’s arrival and drivers can navigate effectively to the rider’s location.
Optimized User Experience: By utilizing location data, Appia Drive can offer tailored services like estimated arrival times, fare estimates, and the most convenient routes, enhancing the overall user experience of our services on the app.
ACCESS TO DATA
13.1. Driver will have access to personal and other data provided by you or generated in connection with your use of the AppiaDrive Services to the extent that is made available to you under your AppiaDrive Driver Account through AppiaDrive App. You shall take all reasonable steps to ensure confidentiality of such data and comply with applicable Privacy Policies and laws as long and to the extent that such data contains personal data of Passengers.
LIABILITY
14.1. The AppiaDrive Platform is provided on an “as is” and “as available” basis. We do not represent, warrant or guarantee that access to AppiaDrive Platform will be uninterrupted or error free. As the usage of AppiaDrive Platform for
requesting e-hailing services depends on the behavior of Passengers, we do not guarantee that your usage of the AppiaDrive Platform will result in any e-hailing service requests.
14.2. To the maximum extent permitted under the applicable law, we, nor AppiaDrive’s representatives, directors and employees are not liable for any loss or damage that you may incur as a result of using the AppiaDrive Services, including but not limited to any direct or indirect property damage or monetary loss; loss of profit or anticipated savings; loss of business, contracts, contacts, goodwill, reputation and any loss that may arise from interruption of the business; loss
or inaccuracy of data; and any other type of loss or damage.
14.3. We shall not be liable for the actions or non-actions of the Passenger or co-passengers and shall not be liable for any loss or damage that may incur to you or your vehicle as a result of actions or non-actions of the Passenger or co-passengers.
14.4. Driver shall be fully liable for breach of the General Terms, Agreement or any other applicable laws or regulations and must stop and remedy such breach immediately after receipt of a respective demand from us or any stateauthority. You shall indemnify us for any direct and/or indirect loss and/or damage, loss of profits, expense, penalty, fine that we may occur in connection with your breach of the General Terms, Agreement and laws and regulations.
14.5. If Passenger presents any claims against us in connection with your provision of e-haling services, then you shall compensate such damage to us in full within 5 (five) days as of your receipt of the respective request from us. In case we are entitled to present any claims against you, then you shall compensate us any legal costs related to evaluation of the damages and submission of claims relating to compensation for such damage.
SUSPENSION AND TERMINATION
15.1. The conditions expressly specified in these General Terms shall enter into force as of submitting the signup application. Agreements and other terms shall enter into force once the specific document or message has been made available to you and you commence or continue providing e-hailing services on AppiaDrive Platform.
15.2. You may terminate the Agreement at any time by notifying AppiaDrive at least 5 (five) days in advance, after which your right to use the AppiaDrive Platform and AppiaDrive Services shall terminate. AppiaDrive may terminate the Agreement at any time and for any reason at the sole discretion of us by notifying you at least 3 (three) days in advance.
15.3. AppiaDrive is entitled to immediately terminate the Agreement and block your access to the AppiaDrive Platform without giving any advance notice in case you breach the General Terms or Agreement, any applicable laws or regulations, or cause harm to AppiaDrive’s brand, reputation or business as determined by AppiaDrive in our sole discretion. In the aforementioned cases we may, at own our discretion, prohibit you from registering a new Driver account.
15.4. We may also immediately suspend (block) your access to the AppiaDrive Platform and to the AppiaDrive Driver Account for the period of investigation, if we suspect an infringement of the Agreement or fraudulent activity from your behalf. The block of access will be removed once the investigation disproves such suspicions.
15.5. We are aiming to provide the highest quality service to all Passengers therefore we are monitoring the activity of Drivers on AppiaDrive Platform. If you fail to meet the minimal service requirements, such as the minimal rating and activity score, we are entitled to immediately terminate the Agreement without giving any advance notice.
AMENDMENTS
16.1. AppiaDrive reserves the right to amend these General Terms anytime by uploading the revised version on its website and notifying you (e.g. via e-mail, AppiaDrive App or AppiaDrive Driver Account) whenever, in the reasonable opinion of AppiaDrive, such amendments are material.
16.2. AppiaDrive shall provide at least 14 days advance notice (e.g. via e-mail, AppiaDrive App or AppiaDrive Driver Account) about the amendments that affect the rights of Business Users Operating in the Member State, unless AppiaDrive is subject to a legal or regulatory obligation which requires it to amend the General Terms in a manner which does not allow it to respect the advance notice period; immediate amendment is required to address an unforeseen and imminent danger related to health, safety or cybersecurity risks, or defending the AppiaDrive Services, Passengers or Drivers from fraud, malware, spam or data breaches; you have elected to waive the advance notice period (e.g. you continue to use AppiaDrive Services after receipt of the notice of amendment); or in the reasonable opinion of AppiaDrive, amendments are beneficial for the Drivers and do not require technical adjustments from them.
16.3. If you do not agree to the amendments of the General Terms or other conditions of the Agreement, you have the right to terminate the Agreement by discontinuing the use of the AppiaDrive Services and providing termination notice to AppiaDrive. The termination of the Agreement takes effect on the effective date of the proposed amendment, unless otherwise provided in your termination notice. Your use of the AppiaDrive Services on or after the effective date of the amendment constitutes your consent to be bound by the General Terms or Agreement, as amended.
APPLICABLE LAW AND COURT JURISDICTION
17.1. The General Terms and Agreement shall be governed by and construed and enforced in accordance with the laws of Republic of Estonia. If the respective dispute resulting from General Terms or Agreement could not be settled by negotiations, then the dispute shall be solved in Harju County Court.
NOTICES
18.1. You are obliged to immediately notify us of any changes to your contact information.
18.2. Any notice required to be given under the General Terms and Agreement shall be sufficiently given if: delivered personally, sent by courier with proof of delivery, sent by registered mail, sent by e-mail or made available via the AppiaDrive App or AppiaDrive Driver Account.
18.3. Any notice which is sent or dispatched in accordance with the previous clause shall be deemed to have been received: if delivered personally, at the time of delivery to the party; if delivered by courier, on the date stated by the courier as being the date on which the envelope containing the notice was delivered to the party; if sent by registered mail, on the 15th day after handing the document over to the post office for delivery to the party; if made available via the AppiaDrive App or AppiaDrive Driver Account, or if sent by e-mail, on the day the party receiving the e-mail confirms receiving the respective e-mail or on the 3rd day following the dispatch of the e-mail provided that the sender has not received an error notice (notifying that the e-mail was not delivered to the party) and has sent the e-mail again on the next calendar day and has not received a similar error notice.
FINAL MEASURES
19.1. If any provision of the General Terms is held to be unenforceable, the parties shall substitute for the affected provision an enforceable provision that approximates the intent and economic effect of the affected provision.
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