You agree that by registering a user profile on Dylyver you are entering into a legally binding relation with Dylyver. Furthermore, by using the Service, you agree to those provisions of this document, which concern the content on the Service and your conduct thereon.
Dylyver reserves the right to amend the Agreement at any time. In the event of any change, we shall display a notice via the Dylyver Drive App and Dylyver website or send you an email. The change shall be effective as of its notification to the User.
These Terms expressly supersede prior agreements and any arrangements you might have with other third parties. Any general terms and conditions, exposal or reservation applied by you in accordance with using the Service is invalid and ineffective. Dylyver may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.
Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Services. Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Services. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.
By entering into this Agreement, the User shall get access to the Service as it is offered from time to time. Dylyver is free to add, remove or change features or functionality of the Service. Dylyver shall make its best effort to inform you of such changes by making available such information on the app, website or by any other means.
The Services constitute a technology platform that enables users of Dylyver’s mobile application or websites provided as part of the Services to arrange and schedule transportation with independent third-party passenger transportation service providers of such services under agreement with Dylyver or certain of its affiliates. You acknowledge that Dylyver does not provide taxi or other passenger transportation services or does not function as a transportation carrier and that all such transportation services are provided by third party contractors who are not employed by Dylyver or any of its affiliates.
While Dylyver requests information to identify registered Users, the Service is dependent on the Users providing correct information. Consequently, Dylyver does not take any responsibility for the actions or omissions of any Users connecting via the Service and neither does Dylyver assume any responsibility for the accuracy or reliability of User information or any other information on the Service.
Provision of the Service
You acknowledge that portions of the Services may be made available under some of Dylyver’s brands or request options associated with transportation, including the transportation request brands currently referred to as “Dylyver Standard”, “Dylyver Premium”, “Dylyver Minivan”, “Dylyver SUV”and “Dylyver Bus”. You also acknowledge that the Services may be made available under such brands or in connection with certain of Dylyver’s subsidiaries and affiliates or independent Third-Party Providers, including transportation network company drivers, transportation charter permit holders or holders of similar transportation permits, authorizations or licenses.
As a User of the Service you agree to receive communications from Dylyver. This communication is related to you being a user of the Dylyver service, and might happen through e-mail, phone, sms, push messages or post service. The content of this communication might be service messages, status messages related to tasks, matching messages and newsletters from Dylyver. You can at any time unsubscribe from the newsletters and change the notifications settings. Some system critical messages cannot be turned off.
Registration and usage
In order to use most aspects of the Services, you must register for and maintain an active personal user account. You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account.
Dylyver shall use the information you provide to facilitate the contact between different Users of the Service so that a request can be handled by the third-party provider undertaking to perform the transportation service.
Account registration requires you to submit to Dylyver certain personal information, such as full name, address, mobile phone, profile picture, email, facebook profile information (if you choose to register with facebook), credit card information for transportation charges and any other information about the User that will contribute to the verification process.
The information is used to establish contact between Users, manage the Agreement and to take reasonable measures to verify the identity of Users.
In addition, you may need to provide further information regarding each individual transaction, which allows third-party providers to determine the means of transport, time of transportation and so on.
You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services or Dylyver’s termination of these Terms with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. You may only possess one Account.
Although we use techniques that aim to verify the accuracy and truth of the information provided by our users, online user verification is complicated. Dylyver cannot and does not confirm, and is not responsible for ensuring, the accuracy or truthfulness of Users' purported identities or the validity of the information which they post on our platform and website.
Dylyver stores every e-mail and message sent via the Dylyver Drive in-app chat in order to ensure User satisfaction, security and compliance.
You may not assign or otherwise transfer your Account to any other person or entity. In certain instances, you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use the Services if you refuse to provide proof of identity.
User Provided Content
Dylyver may, in Dylyver’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Dylyver through the Services textual, audio or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions. Any User Content provided by you remains your property. However, by providing User Content to Dylyver, you grant Dylyver a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Dylyver’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
You represent and warrant that you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant Dylyver the license to the User Content as set forth above. You also warrant that neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor Dylyver’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
By providing information to Dylyver, you as a User, represent and warrant that you are entitled to submit the information and that the information is accurate, true, not confidential, and not in violation of any contractual restrictions or other third-party rights.
You shall indemnify and hold Dylyver harmless for all damages, losses and costs related to all third-party claims, charges, and investigations, caused by your failure to comply with this Agreement, by any information you submit to the Service and by any activity in which you engage on or through the Service.
Dylyver makes all reasonable efforts to verify the identity of registered Users. However, Dylyver explicitly disclaims any liability in connection with Users who submit inaccurate or incorrect information. The User warrants and shall indemnify and hold harmless Dylyver for any loss due to inaccurate or incorrect information being submitted by the User, or the registered profile being used by someone else than the registered User.
Use of personal data
When registering with Dylyver you agree that Dylyver may use the information provided by you within the boundaries set by applicable law. The information will be stored and used by Dylyver to manage and maintain the relationship with the User. Dylyver may contact you at the email address specified in your profile with information about services and new offers from Dylyver.
You have the right to request access to the information we have stored about you as well as requesting that we correct any erroneous information we have stored about you. For any queries regarding our use of personal data, please contact us at firstname.lastname@example.org.
User Requirements and Conduct
The Service is not available for use by persons under the age of 18. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive transportation or logistics services from third-party providers unless they are accompanied by you. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes (e.g., no transport of unlawful or hazardous materials). You will not, in your use of the Services, cause nuisance, annoyance, inconvenience, or property damage, whether to the third-party provider or any other party. In certain cases, you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity.
Third Party Services and Content
Additionally, Apple Inc., Google, Inc. and/or their applicable international subsidiaries and affiliates will be third-party beneficiaries to this contract if you access the Services using Applications developed for Apple iOS, Android-powered mobile devices, respectively. These third-party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to terms set forth in the applicable third-party beneficiary’s terms of service.
Hardware and Network Access
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. Dylyver does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
Dylyver hereby grants you a personal, non-exclusive, non-transferable license to install and use the Dylyver Drive App on your Device for the purpose of using Transportation Services. You agree to not provide, distribute or share, or enable the provision, distribution or sharing of the Drive App (or any data associated therewith) with any third party.
Dylyver shall use reasonable endeavors to ensure that Service will be available at all times. However, the User acknowledges and agrees that events related to maintenance, security or capacity requirements, and/or events beyond Dylyver’s control may result in malfunctions or interruptions of the Services. Dylyver disclaims all liability for damages caused by any such interruption or errors in functioning.
You agree that: (1) use of the Drive App on Your Device requires an active data plan with a wireless carrier associated with Your Device, which data plan will be provided by you at your own expense; and (2) use of the Drive App on Your Device as an interface with the Dylyver Services may consume large amounts of data through the data plan.
Dylyver advises that your device only be used under a data plan with unlimited or very high data usage limits, and Dylyver shall not be responsible or liable for any fees, costs, or overage charges associated with any data plan.
Neither Dylyver nor its directors, agents and employees, shall be liable to you in contract, tort, including negligence, or otherwise for any business losses, such as loss of data, profits, revenue, business, opportunity, goodwill, reputation or business interruption or for any losses which are not reasonably foreseeable by us arising, directly or indirectly from:
You accept sole responsibility for the legality of your actions under laws applying to you and the legality of any items you transport using the Service.
Dylyver makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability or availability of the services or any services or goods requested through the use of the services, or that the services will be uninterrupted or error-free. Dylyver does not guarantee the quality, suitability, safety or ability of third-party providers. You agree that the entire risk arising out of your use of the services, and any service or good requested in connection therewith, remains solely with you, to the maximum extent permitted under applicable law.
Dylyver makes no warranties or representations regarding any data and/or information published or otherwise made available on the Service from Users of the Service, or on any external websites linked to or referred to on the Service.
You may not: a) remove any copyright, trademark or other proprietary notices from any portion of the Services; (b) reproduce, modify, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Dylyver; (c) decompile, reverse engineer or disassemble the Services; (d) link to, mirror or frame any portion of the Services; (e) cause or launch any programs or scripts for the purpose of scraping, indexing, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (f) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
Prices and Payment
You understand that use of the Services may result in charges to you for the services you receive from a Third-Party Provider (“Charges”). After you have received services obtained through your use of the Service, Dylyver shall facilitate your payment of the applicable Charges on behalf of the Third-Party Provider as such Third-Party Provider’s limited payment collection agent. Payment of the Charges in such manner shall be considered the same as payment made directly by you to the Third-Party Provider. Charges paid by you are final and non-refundable, unless otherwise determined by Dylyver.
All Charges are due immediately and payment will be facilitated by Dylyver using the preferred payment method chosen by you at the beginning of each trip, after which Dylyver shall send you a receipt by email. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that Dylyver may, as the Third-Party Provider’s limited payment collection agent, use a secondary payment method in your Account, if available.
As between you and Dylyver, Dylyver reserves the right to establish, remove and/or revise Charges for any or all services obtained through the use of the Services at any time in Dylyver’s sole discretion. Charges of the service are not changed after the start of the transportation service.
You acknowledge and agree that additional charges may apply to you for the services you receive, including, but not limited to: road tolls, bridge, ferry, tunnel, airport and other fees. At the beginning of each trip you may notify the Third-Party Provider if you would like to take the toll road on the way to your destination or you would like to take alternative route. If you choose to take the toll road then you agree to pay the toll amount at the end of the service directly to Third-Party Provider.
Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase substantially during times of high demand. Dylyver shall use reasonable efforts to inform you of Charges that may apply, provided that you shall be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof.
Dylyver may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. You may elect to cancel your request for services from a Third-Party Provider at any time prior to such Third-Party Provider’s arrival, in which case you may be charged a cancellation fee.
This payment structure is intended to fully compensate the Third-Party Provider for the services provided. Dylyver does not designate any portion of your payment as a tip or gratuity to the Third-Party Provider. You understand and agree that, while you are free to provide additional payment as a gratuity to any Third-Party Provider who provides you with services or goods obtained through the Service, you are under no obligation to do so. Gratuities are voluntary. After you have received services obtained through the Service, you will have the opportunity to rate your experience and leave additional feedback about your Third-Party Provider.
When setting up a transportation request User has three payment methods that he/she can choose from: (1) pay with Credit card, (2) pay with Cash or (3) pay using the balance of the app digital wallet.
Payment processing services for Users and Third-Party Providers on Dylyver are provided by Stripe‚ and will be subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these terms or continuing to operate as a User, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Dylyver enabling payment processing services through Stripe, you agree to provide Dylyver accurate and complete information about you and you authorize Dylyver to share it and transact information related to your use of the payment processing services provided by https://stripe.com/.
Repair or Cleaning Fee
You shall be responsible for the cost of repair for damage to, or necessary cleaning of, Third-Party Provider vehicles and property resulting from use of the Services under your Account in excess of normal “wear and tear” damages and necessary cleaning. In the event that a Third-Party Provider reports the need for repair or cleaning, and such request is verified by Dylyver in Dylyver’s reasonable discretion, Dylyver reserves the right to facilitate payment for the reasonable cost of such repair or cleaning on behalf of the Third-Party Provider using your payment method designated in your Account. Such amounts will be transferred by Dylyver to the applicable Third-Party Provider and are non-refundable.
Termination due to breach
Dylyver may restrict, suspend or terminate the account of any User who abuses or misuses the Services or if the User violates the Agreement, without further notice to the User.
Any attempt to circumvent the service would be grounds for suspension and termination. Circumvention of the service includes and not limited to conclude transactions outside the system (i.e. trying to avoid concluding transportation services within the Dylyver system etc.) with the attempt to avoid using Dylyver’s payment system and avoiding any fees associated with using Dylyver’s service.
Dylyver may transfer its rights and obligations under these terms to another organization. We shall inform you via the App, or via e-mail in this case.
If a court finds part of this contract illegal, the rest shall remain in force. Each of the clauses of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Disputes, Choice of law and jurisdiction
If a dispute arises between you and Dylyver, we encourage you to first contact us directly to seek to resolve the matter by contacting us at email@example.com
We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
This Agreement between you and Dylyver shall be governed by and construed in accordance with the laws of New Zealand.
You and Dylyver both agree to submit to the exclusive jurisdiction of the New Zealand Courts.
General Rules for Refunds
We refund all credit card charges that are related to potential technical errors in the Dylyver-system. Anyone requesting refunds should mail us at firstname.lastname@example.org, stating the problems and the relevant order id.
Refunds are issued at the discretion of Dylyver's management within a 30-day period after date of order. In your claim, please, include explanation of reasons for a refund, and your order information.