DESTY B.V.
TERMS AND CONDITIONS
Last updated: December 4th, 2017
By downloading, browsing, accessing, or using this DESTY Application (“DESTY Mobile Application”), you agree to be bound by these Terms and Conditions of Use. We reserve the right to amend these terms and conditions at any time. If you disagree with any of these Terms and Conditions of Use, you must immediately discontinue your access to the DESTY Mobile Application and your use of the services offered on the DESTY Mobile Application. Continued use of the DESTY Mobile Application will constitute acceptance of these Terms and Conditions of Use, as may be amended from time to time.
TERMS TO USE
- We are committed to ensuring that the app is as useful and efficient as possible. For that reason, we reserve the right to make changes to the app or to charge for its services, at any time and for any reason. We will never charge you for the app or its services without making it very clear to you exactly what you’re paying for.
- The DESTY app stores and processes personal data that you have provided to us, in order to provide our Service. It’s your responsibility to keep your phone and access to the app secure. We therefore recommend that you do not jailbreak or root your phone, which is the process of removing software restrictions and limitations imposed by the official operating system of your device. It could make your phone vulnerable to malware/viruses/malicious programs, compromise your phone’s security features and it could mean that the DESTY app won’t work properly or at all.
- We cannot always take responsibility for the way you use the app i.e. You need to make sure that your device stays charged – if it runs out of battery and you can’t turn it on to avail the Service, we cannot accept responsibility
- At some point, we may wish to update the app. The app is available for Android and iOS– the requirements for the system (and for any additional systems we decide to extend the availability of the app to) may change, and you’ll need to download the updates if you want to keep using the app. It is your responsibility to keep the app version up to date. We do not promise that it will always update the app so that it is relevant to you and/or works with the version that you have installed on your device. However, you promise to always accept updates to the application when offered to you, we may also wish to stop providing the app, and may terminate use of it at any time without giving notice of termination to you.
- We strongly recommend that you only download the DESTY applications from the Play Store or App Store. Doing so will ensure that your apps are legitimate and safe from malicious software.
USE OF THE SERVICE
User Account and Accuracy of Information
In order to use the Services each Member must create a User Account and agrees to provide any personal information requested by DESTY applications. In particular, Members will be required to provide their first name, last name, age, title, valid telephone number and email address
Members agree and accept that all of the information they provide to DESTY when setting up their User Account and at any other time shall be true, correct, complete and accurate in all respects. Members also agree that any information supplied to DESTY or posted on the App in connection with any Trip, Vehicle or Car Sharing will be true, accurate and complete.
Members agree and understand that DESTY does not undertake any verification to confirm the accuracy of any information provided by the Members on the App or to a Driver or Rider, as the case maybe. DESTY will not be liable to any Member in the event that any information provided by another Member is false, incomplete, inaccurate, misleading or fraudulent.
Unless expressly agreed by DESTY, Members are limited to one User Account per Member. No User Account may be created on behalf of or in order to impersonate another person.
No Commercial Activity and Status of DESTY
The App and the Services are strictly limited to providing a Service for Drivers and Riders to car share in a private capacity. The Services may not be used to offer or accept car sharing for hire or reward or for profit or in any commercial or professional context. The Services may be used only to offer or accept car sharing in exchange for sharing the cost of the Trip between the Driver and the Rider.
Drivers agree not to obtain any hire or reward or make profit in any form, from any Trip. The Service and the Cost Contribution may only be used to discharge the Driver’s costs and may not be used to generate any hiring charges or reward or profit in any form for the Driver. The Driver is not entitled to make profit by virtue of the amount of the Cost Contribution, the types of Trips offered by a Driver, the frequency of such Trips or the number of Riders transported. This applies to all activities, arrangements and Services booked using the App and any additional services or activities which may be agreed between Driver and Rider through the App.
The Driver must not provide any additional services to the Rider in exchange for hiring charges or any reward or for profit or otherwise (and the Rider may not accept or ask for any such services) including (without limitation) package delivery, waiting time, additional drop offs and pick-ups and collecting additional passengers (other than the Rider).
All Trips, collection points and destinations must be pre-agreed through the App between the Driver and Rider. Drivers may not collect any Riders from any location which has not been pre-agreed with the Rider through the App.
Members are reminded that using the Services and offering Trips for hire or reward or in a commercial or professional capacity may invalidate a Driver’s insurance and invite adverse legal actions by the road transport authorities. DESTY shall not be in for any loss or damage incurred by a Member as a result of any or breach by a Member of these Conditions including where any Driver (in breach of these terms) offers Services through the App in a professional or commercial capacity (thereby potentially invalidating their insurance) and breach of any agreement between the Driver and the Rider. Any offering of Trips in violation of the Conditions shall be at the sole risk such Member and DESTY shall have no liability towards Members for such violations.
Status of DESTY
Neither DESTY nor the App provides any transport services. The App is a communications platform for Members to transact with one another. DESTY does not interfere with Trips, destinations or timings. The agreement for car sharing is between the Driver and the Rider. DESTY is not a party to any agreement or transaction between Members, nor is DESTY liable in respect of any matter arising which relates to a booking between Members. DESTY is not and will not act as an agent for any Member.
Any breach of these Conditions will give rise to immediate suspension of such Member’s User Account and they may be restricted from accessing any further Services.
Types of Booking and Payment
DESTY offers to its members an online booking service (hereinafter, the “Booking Service”) with a view to facilitate the booking of seats by Passengers
DESTY reserves the right not to offer the Booking Service to a Trip o due to: (i) changes to applicable law, changes in the practice of regulatory authorities or changes in case law, (ii) changes to market practices or technology changes, (iii) changes of business considerations underlying the Booking Services, and (iv) other important and valid reasons
DESTY reserves the right to limit the number and/or class of Members eligible to the Booking Service for any Trip.
How to book a Car-Sharing for a Trip: The Driver provides details of his or her Trip on the App, specifying date and time for departure and destination points, the amount of the Cost Contribution per seat and all other relevant travel conditions.
DESTY will then send an email confirmation to each of the Driver and the Passenger confirming the Booking (hereinafter, the “Booking Confirmation”). Once a Booking Confirmation has been sent, the Booking is complete and a separate binding agreement for Car-Sharing relating to the Trip shall be formed between the Driver and Passenger.
Members accept that given the nature of the service Drivers and Riders will have no recourse to DESTY for any aspect of the transaction including in relation to cancellation, last minute changes, failure by the Driver or the Rider to turn up or non-payment of the Cost Contribution. In particular it is the Driver’s responsibility to collect payment from the Rider at the time of the Trip
DESTY will not contact either party and will take no other steps whatsoever than those described above to manage the booking. The operation of the Trip is solely managed by the respective Driver and Rider(s).
Please note that DESTY reserves the right to change any aspect of the App or the Service which may include adding new services (which may require payment) or withdrawing any existing Services. DESTY does not guarantee that the App will be functional at all times and Services may be suspended during such period when the App is not in operation. DESTY will not be liable to any of the Members in case where the App is non-operational.
Driver and Rider Obligations
Driver’s obligations
The Driver agrees
- That the Trip shall not be for any fraudulent, unlawful or criminal activity.
- That they will procure for the Vehicle, a comprehensive insurance policy, which provides insurance cover to the occupants in the Vehicle and covers third party liability
- That they will present themselves on time and at the place agreed with the specified Vehicle
- That they will immediately inform all Riders of any change whatsoever to the Trip. If one or more Riders have made a booking and the Driver decides to change any aspect of the Trip, the Driver undertakes to contact all Riders who have made a booking in relation to that Trip and to obtain the agreement of all Riders to the change. If a Rider refuses the change, they are entitled to a full refund and without any compensation being paid to the Driver.
- The Driver must comply with the Good Conduct Charter at all times
- The Driver must wait for the Rider at the pickup point for at least 30 minutes after the agreed time (however, the Rider is expected to be punctual).
Rider obligations
The Rider agrees:
That the Trip shall not be for any fraudulent, unlawful or criminal activity.
That they will present themselves on time and at the place agreed with the Driver;
That they will immediately inform the Driver or DESTY if they are required to cancel a Trip.
That they will comply with the Good Conduct Charter at all times.
The Rider agrees to wait at the pickup point for at least 30 minutes after the agreed time for the Driver to arrive.
That they will pay the Cost Contribution to the Driver
If the Rider or Driver fail to comply with any of these terms or any other Conditions DESTY reserves the right to keep information relating to the breach, to publish or disclose this information on the Member’s online profile and to suspend or withdraw the Member’s access to the App
Insurance
The Driver agrees and undertakes to take out and maintain a comprehensive insurance to cover third party liability, the occupants of the Vehicle and the Trip offered or booked through the App. The Driver agrees that they will, on request, provide the Rider with evidence, in advance of the Trip, of the complete validity of its insurance policy. The Driver also undertakes to hold a valid driving license
It is up to each Driver and Rider to confirm with each other that the Driver is covered by valid insurance. The Driver must confirm that their insurance policy allows them to carry Riders and that their insurance policy covers all Riders and any accident or incident which may occur during a Trip.
The Driver therefore undertakes to calculate their expenses (fuel, toll, maintenance, repairs, depreciation and insurance of their vehicle) and guarantees that the total Cost Contributions requested from their Riders does not result in the Vehicle running for hire or for reward
If the Driver does receive any hiring charges or reward, or if the insurers repudiate or refuse to accept any claim arising during a Trip for any other reason, the Driver will be responsible for the financial consequences, losses and damages arising and DESTY will not be liable under any circumstances to the Driver or the Rider.
DESTY reserves the right, but not the obligation at its own discretion, to suspend immediately the account of a user including the money displayed and to make aware to competent authorities any professional activity
Management of Disputes Between Members
DESTY may at its sole discretion provide its members with an online service for resolving disputes. This service is non-binding. DESTY is under no obligation to seek to resolve disputes and this service is offered at DESTY’s sole discretion and may be withdrawn at any time.
Messages between Members
DESTY may review, scan, and moderate the messages the Members exchange with each others through the App in particular for fraud prevention, customer support purposes, enforcement of the contracts entered into with DESTY’s members (such as the Conditions) and ensure compliance with applicable law. For example, in order to prevent the circumventing of its Booking Service, DESTY may scan and analyse messages sent through the platform to check that they do not include any contact details or references to other app.
By using the App and accepting the T&C’s, the Member agrees that DESTY, in its sole discretion, may review, analyse and moderate the messages exchanged through the App.
By using the messaging feature of the App, the Member undertakes not to write and/or send any message prohibited by applicable law. In particular the Member undertakes to refrain from writing/sending any message which content:
- belongs to another person and to which the Member does not have any right to;
- is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic
- harms minors in any way;
- infringes any patent, trademark, copyright or other proprietary rights;
- violates any law for the time being in force;
- deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- impersonates another person
- contains software viruses that limit the functionality of any computer resource; and
- threatens the unity, integrity, defense, security, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
In addition, the Member undertakes to send messages only with respect to the booking of Car-sharing and in line with the purposes of this App. The Member undertakes to refrain from using the messages for private or confidential communications.
DESTY reserves the right to filter or delete the messages and suspend or terminate the User Account of the Member and the access of the Member to the App if it appears during the moderation of the messages sent by the Member that s/he does not comply with the Conditions and/or applicable law.
Contacting Members
By accepting the terms and conditions contained herein, every Member hereby agrees and gives consent to DESTY to communicate via phone calls, sms, email and such other means as DESTY may deem fit. Such communications to Members may be recorded through technical support provided by third parties for the purpose of training, quality and for regularly updating the Members about the services of DESTY.
GENERAL TERMS
- License Grant; Compliance with Terms of Use. The Application is licensed, not sold, and we reserve all rights not expressly granted in this Agreement. Subject to the terms and conditions hereof, We grant you a personal, nonexclusive, non-transferable, non-sublicensable, limited license to download and use the Application on a mobile device that you own or control.
- License Restrictions. . Except as specifically provided herein, You may not: (i) distribute or make the Application available over a network where it could be used by multiple devices at the same time; (ii) copy the Application; (iii) modify, adapt, translate, reverse engineer, make alterations, decompile, disassemble or make derivative works based on the Application, except as otherwise permitted by law; or (iv) use, rent, loan, sub-license, lease, distribute or attempt to grant other rights to the Application to third parties.
- Your Warranty You represent and warrant that: (i) You have the authority to bind Yourself to this Agreement; (ii) Your use of the Application will be solely for purposes that are permitted by this Agreement; and (iii) Your use of the Application will comply with all local and national and laws, rules, and regulations (“Laws”).
- Privacy By using the Application, you agree that we may collect and use certain information about you, your mobile device, your use of the Application and the Application’s performance in accordance with the Privacy Policy, as may be amended from time to time.
- Indemnity You agree to defend, indemnify and hold us harmless including our affiliates, officers, directors, employees, consultants, agents and anyone providing information or software used in the Application from any and all claims arising from, related to, or incidental to Your use of the Application.
- Termination This Agreement is effective until terminated. We may immediately terminate this Agreement at any time at its sole discretion with or without notice to you. Additionally, Your rights under this Agreement will terminate automatically if you fail to comply with any term(s) of this Agreement. Upon termination, all legal rights and licenses granted to You hereunder shall terminate immediately and You shall cease all use of the Application and destroy all copies of the Application. All sections that may be reasonably interpreted to or are intended to survive this Agreement will survive this Agreement.
- Acknowledgment of Understanding/Entire Agreement You acknowledge that You have read this Agreement, understand it and agree to be bound by its terms and conditions. You also agree that this Agreement is the complete and exclusive statement of the Agreement between We and You and supersedes all proposals, representations or prior agreements, oral or written, and any other communications between us and You relating to the subject matter of this Agreement.
- Severability You acknowledge that You have read this Agreement, understand it and agree to be bound by its terms and conditions. You also agree that this Agreement is the complete and exclusive statement of the Agreement between We and You and supersedes all proposals, representations or prior agreements, oral or written, and any other communications between us and You relating to the subject matter of this Agreement.
- Assignment and Transfer. We may assign, transfer, sell, rent or lend this Agreement, in whole or in part, at any time without notice to You. You may not assign this Agreement or any part of it or any rights to use the Application, in whole or in part, either temporarily or permanently, to any other party. Any attempt to do so is void.
SHARING YOUR CONTENT AND INFORMATION
You own all of the content and information you post on DESTY App, and you can control how it is shared through your privacy and application settings. In addition:
- For content that is covered by intellectual property rights, like photos and videos (IP content), you specifically give us the following permission, subject to your privacy and application settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with DESTY App (IP License). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.
- When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
- When you use an application, the application may ask for your permission to access your content and information as well as content and information that others have shared with you. We require applications to respect your privacy, and your agreement with that application will control how the application can use, store, and transfer that content and information.
- When you publish content or information, it means that you are allowing everyone, including people of DESTY App, to access and use that information, and to associate it with you (i.e., your name and profile picture).
- We always appreciate your feedback or other suggestions about DESTY App, but you understand that we may use your feedback or suggestions without any obligation to compensate you for them (just as you have no obligation to offer them).
SAFETY
We do our best to keep DESTY App safe, but we cannot guarantee it. We need your help to keep DESTY App safe, which includes the following commitments by you:
- You will not post unauthorized commercial communications (such as spam) on DESTY App.
- You will not collect users' content or information, or otherwise access DESTY App, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission.
- You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on DESTY App.
- You will not upload viruses or other malicious code.
- You will not solicit login information or access an account belonging to someone else.
- You will not bully, intimidate, or harass any user.
- You will not post content that: is hate speech, threatening, or pornographic; incites violence or contains nudity or graphic or gratuitous violence.
- You will not develop or operate a third-party application containing alcohol-related, dating, or other mature content (including advertisements) without appropriate age-based restrictions.
- You will not use DESTY App to do anything unlawful, misleading, malicious, or discriminatory.
- You will not do anything that could disable, overburden, or impair the proper working or appearance of DESTY App, such as a denial-of-service attack or interference with page rendering or other DESTY App functionality.
REGISTRATION AND ACCOUNT SECURITY
App users should provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:
- You will not provide any false personal information on our app, or create an account for anyone other than yourself without permission
- You will not create more than one personal account.
- If we disable your account, you will not create another one without our permission
- You will not use your personal timeline primarily for your own commercial gain, and will use our app for such purposes.
- You will keep your contact information accurate and up-to-date.
- You will not share your password (or in the case of developers, your secret key), let anyone else access your account, or do anything else that might jeopardize the security of your account.
- You will not transfer your account (including any Page or application you administer) to anyone without first getting our written permission.
- If you select a username or similar identifier for your account, we reserve the right to remove or reclaim it if we believe it is appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).
PROTECTING OTHER PEOPLE'S RIGHTS
We respect other people's rights and expect you to do the same.
- You will not post content or take any action on us that infringes or violates someone else's rights or otherwise violates the law.
- We can remove any content or information you post on app if we believe that it violates this Statement or our policies.
- We provide you with tools to help you protect your intellectual property rights. To learn more, visit our How to Report Claims of Intellectual Property Infringement page.
- If we remove your content for infringing someone else's copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.
- If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.
- You will not use our copyrights or Trademarks or any confusingly similar marks, except as expressly permitted by our Brand Usage Guidelines or with our prior written permission.
- If you collect information from users, you will obtain their consent, make it clear you are the one collecting their information and post a privacy policy explaining what information you collect and how you will use it.
- You will not post anyone's identification documents or sensitive financial information on DESTY App.
DISCLAIMER AND EXCLUSION OF LIABILITY
- The DESTY Mobile Application, the Services, the information on the DESTY Mobile Application and use of all related facilities are provided on an "as is, as available" basis without any warranties whether express or implied.
- To the fullest extent permitted by applicable law, we disclaim all representations and warranties relating to the DESTY Mobile Application and its contents, including in relation to any inaccuracies or omissions in the DESTY Mobile Application, warranties of merchantability, quality, fitness for a particular purpose, accuracy, availability, non-infringement or implied warranties from course of dealing or usage of trade.
- We do not warrant that the DESTY Mobile Application will always be accessible, uninterrupted, timely, secure, error free or free from computer virus or other invasive or damaging code or that the DESTY Mobile Application will not be affected by any acts of God or other force majeure events, including inability to obtain or shortage of necessary materials, equipment facilities, power or telecommunications, lack of telecommunications equipment or facilities and failure of information technology or telecommunications equipment or facilities.
- While we may use reasonable efforts to include accurate and up-to-date information on the DESTY Mobile Application, we make no warranties or representations as to its accuracy, timeliness, or completeness.
- We shall not be liable for any acts or omissions of any third parties howsoever caused, and for any direct, indirect, incidental, special, consequential or punitive damages, howsoever caused, resulting from or in connection with the DESTY Mobile Application and the services offered in the DESTY Mobile Application, your access to, use of or inability to use the DESTY Mobile Application or the services offered in the DESTY Mobile Application, reliance on or downloading from the DESTY Mobile Application and/or services, or any delays, inaccuracies in the information or in its transmission including but not limited to damages for loss of business or profits, use, data or other intangible, even if we have been advised of the possibility of such damages.
- We shall not be liable in contract, tort (including negligence or breach of statutory duty) or otherwise howsoever and whatever the cause thereof, for any indirect, consequential, collateral, special or incidental loss or damage suffered or incurred by you in connection with the DESTY Mobile Application and these Terms and Conditions of Use. For the purposes of these Terms and Conditions of Use, indirect or consequential loss or damage includes, without limitation, loss of revenue, profits, anticipated savings or business, loss of data or goodwill, loss of use or value of any equipment including software, claims of third parties, and all associated and incidental costs and expenses.
- The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer that cannot be excluded or limited are affected.
INTELLECTUAL PROPERTY RIGHTS
- All editorial content, information, photographs, illustrations, artwork and other graphic materials, and names, logos and trademarks on the DESTY Mobile Application are protected by copyright laws and/or other laws and/or international treaties, and belong to us and/or our suppliers, as the case may be. These works, logos, graphics, sounds or images may not be copied, reproduced, retransmitted, distributed, disseminated, sold, published, broadcasted or circulated whether in whole or in part, unless expressly permitted by us and/or our suppliers, as the case may be.
- Nothing contained on the DESTY Mobile Application should be construed as granting by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the DESTY Mobile Application without our written permission. Misuse of any trademarks or any other content displayed on the DESTY Mobile Application is prohibited.
- We will not hesitate to take legal action against any unauthorized usage of our trade marks, name or symbols to preserve and protect its rights in the matter. All rights not expressly granted herein are reserved. Other product and company names mentioned herein may also be the trademarks of their respective owners.
COPYRIGHT INFRINGEMENTS
We respect the intellectual property rights of others. If you believe that any material available on or through the App infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the App infringes your copyright, you should consider first contacting an attorney.
CHANGES TO THIS TERMS AND CONDITIONS
I may update our Terms and Conditions from time to time. Thus, you are advised to review this page periodically for any changes. I will notify you of any changes by posting the new Terms and Conditions on this page. These changes are effective immediately after they are posted on this page.
CONTACT US
If you have any questions, do not hesitate to contact me at Destydriver@gmail.com.