Ur-Drive Terms and Conditions

These Terms and Conditions (“Terms and Conditions”) govern the access and use of Urdrive Platforms and associated Services:

Acceptance

  1. Urdrive owns and operates the website www.urdrive.com (Site). Urdrive owns and operates an online marketplace platform for automotive service (Marketplace). Urdrive develops, operates, and distributes certain mobile software applications (Apps). Urdrive also develops, operates, and distributes certain software as a service platform (SaaS). The Site, Marketplace, Apps, and SaaS, together with the referral, matching, service quoting, and appointment services, and the data collection, storage, analysis, and reporting tools, functions, and services, which are provided by the Site, Marketplace, Apps, and/or SaaS are collectively referred to as the Service.

  2. The Service is offered and provided subject to acceptance without modification of all of the terms and conditions contained herein (Terms of Service). The Terms of Service shall be deemed to include all other operating rules, conditions, policies, and procedures that are referred to herein or that may otherwise be published by Urdrive, from time to time, at the Site, Marketplace, via any App (collectively, Policies), or via any SaaS platform, including without limitation, the Privacy Policy, and Copyright Policy.

  3. IF YOU DO NOT AGREE TO ALL OF THESE TERMS OF SERVICE, OR IF YOU ARE NOT ELIGIBLE OR AUTHORIZED TO ENTER INTO THIS AGREEMENT, THEN DO NOT REGISTER FOR, DOWNLOAD, ACCESS, OR USE THE SERVICE. DOWNLOADING ANY APP, COMPLETING OUR REGISTRATION PROCESS, OR OTHERWISE ACCESSING OR USING ALL OR ANY PART OF THE SERVICE WILL CONSTITUTE ACCEPTANCE OF, AND CREATE A LEGALLY ENFORCEABLE CONTRACT UNDER WHICH YOU AGREE TO BE BOUND BY, ALL OF THESE TERMS OF SERVICE, WITHOUT MODIFICATION.

Updates

  1. Urdrive reserves the right, at its sole discretion, to update, modify or replace the Terms of Service (including any Policy), in whole or in part, at any time.

  2. Urdrive will use reasonable efforts to notify you of any material change in advance of the effective date of any change. Change notices may be communicated by postings at the Site, on the Marketplace, via the Apps, via SaaS platform, e-mail or otherwise. In any case, you should periodically check the Policies and other Terms of Service for changes.

  3. Continued access or use of the Service following any change to the Terms of Service constitutes your acceptance of those changes. The Terms of Service may not otherwise be amended, as they apply to you, except by a written agreement executed by you and Urdrive.

  4. Urdrive may modify, suspend or terminate the Service (including without limitation, the Site, marketplace, any App, or SaaS), in whole or in part, at any time.

Eligibility

  1. The Service is intended by Urdrive to be made available to individuals of all ages. However, if you are under the age of 18, you must review these terms of service with your parent or guardian to make sure that you or your parent or guardian understand the terms contained in these terms of service.

  2. If you do not qualify, then you are prohibited from downloading, accessing, using and registering for the Service.

  3. Urdrive may refuse to offer or continue offering the Service to any person and may change its eligibility criteria from time to time.

Registration

  1. The Service may be accessed several ways: by visiting the Site directly; or by using a web plug-in that is made available to you by Urdrive; or by using an App that is downloaded from Google Playstore (or a Channel Partner), which then communicates with Urdrive’s web servers; or by using a widget that is made available to you by a Channel Partner, which operates or otherwise connects to Urdrive’s web servers (and which may operate within a frame or wrapper provided by the Channel Partner).

  2. The term Channel Partner means any Internet publisher, website operator, reseller, distributor, or other third party who is authorized to drive user traffic, or facilitate access, to the Service pursuant to arrangements with Urdrive.

  3. Regardless of how you access the Service, to ensure the integrity of the Service, you must complete an account registration process and provide Urdrive with current, complete and accurate information, as more specifically required by then current registration procedures and operational prompts.

  4. By way of illustration and not limitation, you may be required to provide the following information in order to establish your account and register for and use the Service: name, address, telephone number, e-mail address, vehicle information (make, model, year, mileage and Chasis Number), username, password and certain preferences and permissions (such as, for example, preferred contact method). You are required to maintain and update your registration data from time to time, to ensure that it is always current, complete and accurate.

  5. Urdrive may refuse to accept your application to register for the Service, in its sole discretion.

  6. Upon acceptance, Urdrive will establish access credentials for your account.

  7. You are solely responsible for maintaining the confidentiality of your access credentials and other account information, and you will be solely liable for any and all activities under your account.

  8. You agree to notify Urdrive immediately of any unauthorized use of your account or any other breach of security related to the Service.

Vehicle Services

  1. The Service includes the ability for users to investigate, compare quotes, book appointments, purchase vehicle maintenance services and mechanical repair services.

  2. If you book any service on the Urdrive platform then you will be required to provide valid payment information, which may be verified by Urdrive’s service provider (merchant bank) before your Vehicle Service is confirmed.

  3. For clarity, all Vehicle Services are provided by the applicable mechanics and or automotive service providers, not Urdrive. Accordingly, Vehicle Services are not deemed to be within the scope of the Service offered and provided by Urdrive, and Urdrive (and its Business Partners, other than the applicable mechanics and or automotive service providers) have no obligation or liability regarding Vehicle Services.

  4. As a result of its limited role as an intermediary between you and the Vehicle Service providers, Urdrive has no control over the quality, timeliness, price, guarantees, risks or damages related to Vehicle Services. Therefore, you agree, in connection with any use of the Service resulting in the purchase and performance of Vehicle Services: (a) to release Urdrive (and its Business Partners, other than the applicable mechanics and or automotive service providers from any and all claims, demands, damages and liabilities, of any type and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such Vehicle Services (including any disputes arising therefrom); and (b) to attempt to settle any dispute directly with the applicable Vehicle Service provider.

Fees and Payment

  1. Except as expressly provided otherwise in the Terms of Service, Urdrive and each user is solely responsible for all of its costs and expenses related to the Service.

  2. Urdrive may decide to charge for certain or all Apps or other features of the Service (or to change the price charged for such Apps and features), in which case you will be notified of that change. Should you elect to obtain any such App or feature, you hereby agree to pay all applicable fees, in the amounts, at the times and subject to any other conditions established for that App or feature. Such fees may be specified on a recurring basis (e.g., subscription or usage fees) or non-recurring basis (e.g., one-time fees).

  3. The amount displayed on the Site, marketplace, any App, or SaaS in respect of any service is the service charge only and does not include the cost of spare parts.

  4. You are solely liable for the cost of Vehicle Services you receive. The price for Vehicle Services (including any applicable taxes) will be established by the applicable mechanic /automotive service business, as set forth in the offer you accepted (or as increased or decreased as a result of changes in the scope of Vehicle Services to which you and the automotive service business have agreed). You hereby agree that the total amount of the cost of vehicle services shall be payable through the provided Urdrive channels when the Vehicle Services have been completed. After you pay for the cost of Vehicle services, Urdrive will retain a service fee and pay the remainder to the automotive service business, in accordance with the arrangement between them.

  5. Unless specified otherwise, all amounts due hereunder shall be paid in Kenya Shillings in full without set-off, counterclaim or deduction. Any amount not paid when due shall bear a late payment charge until paid at the rate of 1.5% per month or the maximum amount permitted by law, whichever is less. If any payment is past due, Urdrive shall have the right to take whatever action it deems appropriate (including without limitation, suspending or terminating your access and use of the Service). You agree to reimburse Urdrive for all reasonable costs and expenses (including legal fees) incurred in collecting payments.

Publicity

You grant us the right to add your name and company logo to our customer list and website.

Customer Data

We may monitor the use of the service by all of our customers and use the data gathered in an aggregate and anonymous manner provided that such information does not incorporate any customer data and/or identify you.

Privacy Policy

The most current Privacy Policy will apply to any and all use of the Site, marketplace, Apps and other aspects of the Service.

Urdrive will not intentionally edit, modify, delete or disclose the contents of your registration data or other User Data in connection with the Service unless:

  1. It is reasonably necessary for Urdrive (or its service providers) to operate the Service, including processing your requests and appointments for Vehicle Services,
  2. To communicate with Business Partners,
  3. It is otherwise permitted under the Privacy Policy or other Terms of Service,
  4. Urdrive reasonably believes that such action is necessary:
    1. To conform or comply with any legal, regulatory, law enforcement or similar requirement or investigation
    2. To protect or defend the rights or property of Urdrive or any third party or
    3. To enforce the Terms of Service or (e) otherwise authorized by you.

User Data and Analytics

  1. The Service collects, stores, processes and analyzes User Data and produces Analytics. Accordingly, whenever you interact with the Service, a variety of technologies are employed to automatically or passively collect User Data.

  2. The term User Data means all data and information that are provided by you during registration and subsequent use of the Service (including queries related to obtaining Vehicle Services), and all other data and information about you that are otherwise discerned or collected by Urdrive based on your access and use of the Service. For clarity, User Data includes, but is not limited to: browser or device type; operating system; time of day; identification of the page served and preceding page views; use of particular Service features or applications (such as, for example, viewing or responding to advertisements); registration data; vehicle information; geographic location; Vehicle Service histories.

  3. The term Analytics means user profiles and statistics, metrics, abstractions and other analyses that are based on or derived from your use of the Service and User Data, which are developed in the aggregate with other data or which are developed in a manner that does not disclose your identity or User Data (unless in aggregated or anonymized form).

  4. You hereby authorize Urdrive to use your User Data and to exploit Analytics in the manner and for the purposes described in these Terms of Service, including without limitation: to use User Data to communicate with you; to include, copy, disclose, distribute, transmit and display User Data in communications that you have initiated via the Service; to access, record, collect, copy, store, process, analyze and use User Data to provide the Service; to develop, improve, extend and test the Service (and underlying technology platform); to design, develop and produce Analytics; and to disclose, distribute and transmit User Data and/or Analytics to Channel Partners, Mechanics, advertisers, advertising networks, content distributors and other of Urdrive’s customers, service providers and business partners (collectively, Business Partners).

  5. Notwithstanding the foregoing, Urdrive does not record or store your Debit Card Information and or other financial information. Debit Card Information is provided to and retained by Urdrive’s merchant bank, where it is used solely for the purpose of verification and validation, and for charging payments for completed Vehicle Services.

User Generated Content

  1. The Service may include discussion forums or other communications features, through which users may publicly post and/or exchange content and information they think may be of interest to other users based on their use of the Service (such as, for example, reviews and ratings regarding Vehicle Services) and other related subjects (collectively, User Content). You agree not to post or distribute any confidential User Content or other information that you desire (or are required) to keep secret.

  2. Urdrive does not undertake to pre-screen, authenticate, validate, monitor, moderate or edit any User Content. However, Urdrive and its agents have the right, at their sole discretion, to remove in whole or in part, at any time, any User Content that, in Urdrive’s judgment, does not comply with the Terms of Service or otherwise appears to be harmful, objectionable or inaccurate. Urdrive is not responsible for any failure or delay in removing any such content.

  3. Because Urdrive does not review the substance of User Content, or other user-to-user communications via the Service, you must be careful in dealing with other users to avoid unintended consequences. You acknowledge that information provided by users may, despite the prohibitions set forth in the Terms of Service, be harmful, inaccurate or deceptive. Authentication of the true identity of remote (Internet or mobile) users is difficult, and so Urdrive cannot and does not confirm that each user is the person who they claim to be.

  4. Urdrive is not involved in user-to-user dealings and, therefore, in connection with any use of the Service, you agree: (a) to release Urdrive (and its affiliates, licensors, Channel Partners and other Business Partners) from any and all claims, demands, damages, liabilities, costs and expenses, of any type and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to your use of the Service (including any disputes with other users); and (b) to attempt to settle any dispute directly with such other user or other third party. However, this release is not intended to waive any legal claim you may have against any Mechanic for defective Vehicles Services.

User Rules and Conduct

  1. The Site, Apps and all other aspects of the Service are provided only for your personal, noncommercial use. Any unauthorized use of the Service (including but not limited to, accessing any aspect of the Service for which you are not authorized, or any commercial use by you, such as, for example, reselling any App, Content or Vehicle Services) is expressly prohibited.

  2. You are solely responsible for all acts or omissions that occur under your account, username or password, including applicable User Content posted to or transmitted via the Service.

  3. As a condition of use, you hereby promise not to use the Service for any purpose that is unlawful, or that is commercial in nature (such as, for example, raising money, or advertising or promoting any product, service, pyramid scheme or other venture) or that is prohibited by the Terms of Service, or for any other purpose not reasonably intended by Urdrive. You agree to abide by all applicable county, national and international laws, regulations and rules.

  4. By way of example, and not limitation, you agree not to (a) take any action or (b) upload, post, submit or otherwise distribute or facilitate distribution of any User Content (including text, software, photographs, videos, audio, sound recordings, data or other information) using any communications service, discussion forum, survey, feedback, App or other aspect of the Service, in any manner, that:

    1. is unlawful, deceptive, misleading, fraudulent, threatening, abusive, harassing, libelous, invasive of another’s privacy, tortious, obscene, pornographic, profane or which otherwise violates the Terms of Service;
    2. infringes any patent, trademark, trade secret, copyright, right of publicity, privacy right or other right of any person or entity;
    3. reveals any confidential, proprietary or other information that you are required to keep secret, including without limitation, non-public information about any business;
    4. discovers or reveals any personal information about another individual, including another person’s name, address, phone number, e-mail address, credit card information or any other information that could be used to track, contact or impersonate that person, unless such information has been provided by that person in any public communication or forum;
    5. constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”), chain letters or any form of lottery or gambling;
    6. imposes an unreasonable or disproportionately large load on Urdrive’s computing, storage or communications systems and networks, or attempts to gain unauthorized access to the Site, any App or other aspect of the Service (including the underlying technology platform), someone else’s User Data, accounts, computer systems or networks connected to the Service, through password mining or otherwise;
    7. contains software viruses or any other computer codes, files or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware or network system or to damage or obtain unauthorized access to any system, data or other information of Urdrive or any Business Partner or other third party;
    8. registers for or creates user accounts by any automated means or under false or misleading pretenses, including by the use of a false, misleading or disguised e-mail address;
    9. harvests, scrapes or collects any information from the Service;
    10. uses any script, bot or other automated means that only simulates compliance with the Terms of Service or other requirement applicable to the Service;
    11. disguises the source of User Content; or
    12. Impersonates any person or entity, including any employee or representative of Urdrive or any Business Partner.

  5. Urdrive may, at its sole discretion, immediately suspend or terminate your access to the Service should your conduct fail (or appear to fail) to strictly conform to any provision of this section.

  6. Urdrive has no obligation to monitor the Service or any user’s use thereof. However, Urdrive reserves the right at any time and without notice to monitor, review, copy, retain or disclose any information as may reasonably be necessary to satisfy any applicable law, regulation, legal process or governmental request or investigation (including any inquiry from law enforcement).

Advertising and Promotion

  1. The Service may include advertisements and promotions for and offers from Urdrive, Business Partners and other third parties. Advertisements may be displayed adjacent to or included with User Content, or may include User Content. You are not entitled to any compensation for any such advertisement or information.

  2. Urdrive reserves the right, for itself and on behalf of its Business Partners, to deliver advertisements, promotions and offers to you in conjunction with your use of the Service and to utilize your device’s processor and storage resources for this purpose.

  3. Advertisements, promotions and offers may be contextual, meaning they were selected for delivery to you based on criteria that are related to your use of the Service (such as, for example, User Data like your current location or type of vehicle, or Analytics derived from your usage). Any opt-out that you provide regarding direct marketing communications will not apply to the delivery of advertisements. In addition, you may receive advertising and promotional information or offers as a result of responding to prompts or advertisements rendered by the Service.

  4. Except for Vehicle Services, any and all of your dealings with advertisers and other third parties via the Service, and your participation in promotions and offers, including the delivery of and the payment for goods and services, and any other terms, conditions, representations, warranties and remedies, associated with such dealings, promotions and offers, are solely between you and the applicable third party. Urdrive is not responsible or liable for any such dealings, promotions or offers.

Proprietary Rights

  1. The Service (including the Site and Apps), and all content, materials, data and other information created by or for Urdrive (or its affiliates, licensors or Business Partners) and made available via the Service (collectively, Content), are protected by copyrights, trademarks or other proprietary rights and laws, and Urdrive (and its applicable affiliates, licensors and Business Partners) shall own and retain all rights, title and interests (including all intellectual property and proprietary rights) therein and thereto. Unless and only to the extent expressly authorized by Urdrive, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works of any part of the Service or Content. However, unless the Service states or implements a different restriction, you may download, reproduce or transmit a reasonable number of copies of Content for your personal, noncommercial purposes; provided that you retain all copyright and other proprietary notices contained therein. Your systematic retrieval of data or other Content from the Service to create or compile, directly or indirectly, a collection, database or directory is strictly prohibited without Urdrive’s express prior written permission.

  2. If you desire to access or use the Service or Content for any purpose other than personal, noncommercial reference, then you must first secure permission from Urdrive or other owner of that Content.

  3. Reproducing, copying, or distributing any App, or any Content, or any design elements from the Site or any App, for any other purpose is strictly prohibited without Urdrive’s express prior written permission. Attempting to access or use the Service or Content for any purpose not expressly permitted in the Terms of Service is prohibited.

License

Provided You comply with all terms and conditions of these Terms of Service, Urdrive grants You a revocable, limited, non-transferable license to use the service on any iPhone or Android phone that You own or control and as permitted by Usage Rules set forth in the App Store Terms and Conditions or the Google Play Terms of Service, whichever is relevant.

User Content License

  1. If you upload, post, submit, transmit or otherwise distribute User Content of any kind using the Service, then you:

    1. agree to grant and do hereby grant to Urdrive and its affiliates and licensees a non-exclusive, transferable, perpetual, irrevocable, royalty-free, worldwide right and license to: use, reproduce, publicly display, publicly perform, adapt, collect, modify, delete from, distribute, transmit, promote and make derivative works of the User Content, in any form and media, solely for the purposes of offering, providing, marketing, advertising and promoting the Site, Apps and other aspects of the Service (including but not limited to, being exported under content sharing arrangements with Business Partners); and to permit third parties to use your User Content; and
    2. represent and warrant that all User Content includes appropriate attribution to the copyright owner; and
    3. represent and warrant to Urdrive that you own or otherwise control all necessary rights to such User Content and that public disclosure, transmission and use of the User Content by Urdrive (including but not limited to, publishing content via the Service) will not infringe or violate the rights of any third party; and
    4. Acknowledge and agree that User Content is intended to and will be made available to and used by other users, and by Urdrive and its Business Partners.

  2. You agree not to contribute any User Content unless you have all of the rights (including rights from the copyright owner) necessary to grant Urdrive the foregoing use license and to satisfy all of the warranty requirements described above.

  3. The Service may (but is not obligated to) provide you with the ability to remove some or all of your User Content. Following any such removal, Urdrive will use commercially reasonable efforts to discontinue its further display, performance, and distribution of such User Content; provided, however, you acknowledge and agree that Urdrive may continue using such User Content in the same manner and for the same purposes as it did prior to removal of such content (such as, for example, as used in any advertising created prior to removal) and that Urdrive shall have no responsibility or liability in respect of any further use of User Content that was previously exported by Urdrive or shared with other users via the Service or that was downloaded or copied by other users to other websites, systems, and devices.

Cellular or Wireless Service

  1. The Service transmits data via your wireless carrier or accessible Wi-Fi network. Urdrive is not responsible or liable for any data charges associated with the use of any Service.

  2. The service may occasionally be restricted, interrupted, or discontinued due to conditions such as, but not limited to: app design, network coverage, government regulation, or other situations beyond Urdrive’s control.

  3. The Service transmits data regarding Your GPS location. You may turn off Location Services for the Service and no data will be collected during this time

Feedback License

  1. If you provide Urdrive with any idea, recommendation, or other suggestion regarding possible corrections, improvements, or extensions related to the Service (collectively, Feedback), in any form or by any means (whether through the Service or by direct communication (e.g., e-mail) with Urdrive or any of its officers, directors, employees, representatives, agents or Business Partners), then you

    1. represent and warrant that the Feedback does not include your own or any third party’s confidential or proprietary information; and
    2. acknowledge and agree that Urdrive is under no obligation of confidentiality, express or implied, with respect to the Feedback; and
    3. agree to grant and do hereby grant to Urdrive and its affiliates and licensees a non-exclusive, transferable, perpetual, irrevocable, royalty-free, worldwide right and license to use, modify and make derivative works of the Feedback, in any manner, in any media, and for any purpose, and to permit third parties to do the same.

Termination

  1. Urdrive may immediately terminate your access to all or any part of the Service (including but not limited to, any App) at any time, with or without cause, with or without notice.

  2. If you elect to terminate your registration and account, you may do so at any time.

  3. Upon any termination, all rights and obligations of the parties under these Terms of Service shall cease, and you shall immediately stop accessing and using the Service, except that

    1. All obligations that accrued prior to the effective date of termination (including payment obligations) and all remedies for breach of the Terms of Service shall survive,
    2. Urdrive will reasonably cooperate with completing any Vehicle Services booked prior to termination (including collecting and distributing payments),
    3. Urdrive may retain and use non-personally identifiable User Data and
    4. The provisions of the section entitled Advertising and Promotions, and all following sections herein, shall survive. After termination,

  4. Urdrive has no obligation to maintain any User Data or User Content or to forward any unread or unsent messages to you or to any other user or third party..

No warranties

THE SITE, APPS, CONTENT, AND ALL OTHER ASPECTS OF THE SERVICE ARE PROVIDED “AS IS” AND “AS AVAILABLE”. THE SITE, APPS, CONTENT, AND ALL OTHER ASPECTS OF THE SERVICE ARE PROVIDED WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF ACCURACY, INTEGRATION, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. URDRIVE, ITS AFFILIATES, LICENSORS, AND BUSINESS PARTNERS DO NOT WARRANT THAT: (A) ANY INFORMATION WILL BE TIMELY, ACCURATE, RELIABLE, OR CORRECT; (B) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR PLACE; (C) ANY SERVICE DEFECTS OR ERRORS WILL BE CORRECTED; (D) THE SERVICE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (E) ANY RESULT OR OUTCOME CAN BE ACHIEVED. USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK.

ALL REPRESENTATIONS AND WARRANTIES REGARDING ANY VEHICLE SERVICES SHALL BE, IF AT ALL, ONLY AS EXPRESSLY AGREED BETWEEN YOU AND THE APPLICABLE MECHANIC.

Limitation of Liability

  1. You agree that Urdrive (and its affiliates, licensors, and Business Partners) shall not be responsible or liable for any unauthorized access to, alteration, or use of your account, transmissions, or data, or for any material or data sent or received or not sent or received through the Service.

  2. You agree that Urdrive (and its affiliates, licensors, and Business Partners) shall not be responsible or liable for any threatening, defamatory, obscene, offensive, illegal or other content or conduct of any user or any user’s infringement of another’s rights, including intellectual property rights, rights of publicity or privacy rights.

  3. IN NO EVENT SHALL URDRIVE (OR ITS AFFILIATES, LICENSORS, AND BUSINESS PARTNERS) BE LIABLE CONCERNING ANY SUBJECT MATTER RELATED TO THE SITE, APPS, CONTENT, OR OTHER ASPECTS OF THE SERVICE, REGARDLESS OF THE FORM OF ANY CLAIM OR ACTION (WHETHER IN CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), FOR ANY (A) MATTER BEYOND ITS REASONABLE CONTROL, (B) LOSS OR INACCURACY OF DATA, LOSS OR INTERRUPTION OF USE, OR COST OF PROCURING SUBSTITUTE TECHNOLOGIES, GOODS OR SERVICES, (C) INDIRECT, PUNITIVE, INCIDENTAL, RELIANCE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, REVENUES, PROFITS OR GOODWILL, OR (D) DAMAGES, IN THE AGGREGATE, IN EXCESS OF AMOUNTS YOU PAID TO URDRIVE FOR THE SERVICE, WHICHEVER IS GREATER, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. URDRIVE’S MAXIMUM LIABILITY FOR ANY CLAIM OR ACTION RELATED TO ANY VEHICLE SERVICES SHALL NOT EXCEED THE SERVICE FEE RETAINED BY URDRIVE FOR THE VEHICLE SERVICES GIVING RISE TO YOUR DAMAGES. THESE LIMITATIONS ARE INDEPENDENT FROM ALL OTHER PROVISIONS OF THIS AGREEMENT AND SHALL APPLY NOTWITHSTANDING THE FAILURE OF ANY REMEDY PROVIDED HEREIN.

Indemnity

  1. You agree to:

    1. defend Urdrive, its affiliates, licensors and Business Partners, and their officers, directors, employees, contractors, and representatives (Indemnitees) against any action or suit by a third party that arises out of any transaction or other dealings between you and any other user or Business Partner, your use or misuse of the Service, or your breach of any of your representations, warranties or covenants under the Terms of Service and;
    2. Indemnify the Indemnitees for liabilities (resulting from judgment or decretal awards), costs, and expenses (including but not limited to, reasonable legal fees) related to such claims.

  2. In addition, Urdrive reserves the right to assume the exclusive defense and control of any matter subject to the foregoing indemnity, in which event you will assist and cooperate with Urdrive in asserting any available defenses.

Governing Law

  1. Subject to the Evidence Act, Cap 80 Laws of Kenya, a printed version of the Terms of Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Service (including any Policy) to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

  2. The Terms of Service shall be governed by and construed in accordance with the laws of the Kenya. In the event of any conflict between Kenyan and foreign laws, regulations, and rules, Kenyan laws, regulations, and rules shall govern.

  3. Except that either party may seek an injunction or other equitable relief from any court of competent jurisdiction, all disputes between the parties arising out of or in relation to or in connection with the Terms of Service shall be settled by binding arbitration in accordance with the Arbitration Act. The proceedings shall be in English, all evidence shall be in English (or translated into English) and the governing law shall be as set forth herein. The arbitrator’s decision shall be in writing and shall comply with all terms and conditions in the applicable version of the Terms of Service. The decision and award rendered shall be final and binding on both parties. The parties acknowledge and agree that the Terms of Service and any award rendered pursuant hereto shall be governed by the UN Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Judgment on the award may be entered in any court of competent jurisdiction.

  4. Use of the Service is not authorized in any jurisdiction that does not give effect to all provisions of the Terms of Service, including without limitation, this section.

Entire Agreement Clause

  1. These Terms and Conditions (including the then current Policies) are the entire agreement between you and Urdrive with respect to access, use and operation of the Service, and supersede all prior or contemporaneous communications, proposals and agreements (whether oral, written or electronic) between you and Urdrive with respect to the Service.

  2. If any provision of the Terms of Service is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Service will otherwise remain in full force and effect and enforceable.

General Provisions

  1. Your rights and obligations under the Terms of Service are personal to you, and are not assignable, transferable or sub licensable by you except with Urdrive’s prior written consent.

  2. Urdrive may subcontract, delegate, assign or otherwise transfer any or all of its rights and obligations hereunder without your consent.

  3. All waivers, consents and modifications must be in a writing signed by both parties, except as otherwise provided herein.

  4. No agency, partnership, joint venture, or employment relationship is created as a result of the Service or Terms of Service, and neither party has any authority of any kind to bind the other in any respect.

  5. All notices under these Terms of Service will be in writing, in English and will be deemed to have been duly given when received, if personally delivered or sent by registered mail or courier. Notices nay be served electronically through WhatsApp or e-mail to the official WhatsApp or email contact provided.

Copyright and Trademark Notices

  1. The Terms of Service, all Apps and all Content provided by Urdrive are copyright © 2021Urdrive.

  2. URDRIVE is the trademark of Urdrive. The names and logos of companies, products or services mentioned at the Site and in any App may be the trademarks or service marks of their respective owners, and shall not be deemed to create any endorsement or association between Urdrive and such owners.

  3. All rights not expressly granted herein are reserved.

Urdrive Contact Information

  1. If you have any questions regarding these Terms of Service or your dealings with the Service, please visit www.urdrivetech.com/contact or contact us at:

Urdrive Policy

  1. Our policies are designed to create a safe environment for all Urdrive members.

  2. If either party is found violating these policies they may be asked to leave Urdrive effective immediately.

  3. Continued access or use of the Service following any change to the Terms of Service constitutes your acceptance of those changes. The Terms of Service may not otherwise be amended, as they apply to you, except by a written agreement executed by you and Urdrive.

  4. Urdrive may modify, suspend or terminate the Service (including without limitation, the Site, marketplace, any App, or SaaS), in whole or in part, at any time.

Urdrive Terms and Conditions (Vehicle Owners/Customers)

All Vehicle Owners requesting service through the Urdrive network are required to adhere to the following:

Basics
  1. The vehicle owner must provide valid and complete contact information including email address, phone number and vehicle make, model and Chasis Number. Incorrect vehicle information may result in inaccurate quotes
  2. All communication between service providers and vehicle owners must take place through the Urdrive messaging system.
  3. Any communication including quotes, scheduling or repairs taking place outside of Urdrive Quotes or Messaging will exempt the Service from the Urdrive Guarantee and Policies.
Communication
  1. Hateful, offensive, profane, vulgar language or other non-professional behavior directed at service providers in the Urdrive Network and Urdrive staff will not be tolerated. Any vehicle owner found violating this policy may suffer a range of actions including but not limited to removal of messaging capabilities, limiting the ability to request service and/or account suspension.
  2. Vehicle owners are prohibited from sending direct contact information in the form of phone numbers, emails or addresses via the Urdrive Messaging, Quote or Appointment systems to service providers.
  3. All messaging between the vehicle owner and service provider must occur through Urdrive’s messaging system to allow the vehicle owner support team to quickly handle and resolve issues that may arise with the request.
Quote
  1. The vehicle owner will be provided a quote based on information provided in the request for service. Urdrive and its network of service providers are only responsible to provide quotes based on the information the vehicle owners have submitted in the service request.
  2. The vehicle owner is obligated to pay for all service performed on their vehicle, including additional services quoted by the repair shop and accepted by the vehicle owner or added by the vehicle owner after the initial quote. The vehicle owner may decline services, prior to the initiation of the work.
Payment
  1. All payments must be updated and/or processed through Urdrive prior to a vehicle owner leaving a service provider location after service. Urdrive is not liable for any price disputes once a vehicle owner has left a service provider’s location.
  2. Urdrive is not liable for any upcharges, cancellation fees, and any other payment dispute that could occur if service is booked or updated outside of Urdrive.
  3. It is against Urdrive policy for a service provider in the Urdrive Network to take payment directly from the vehicle owner. If the service provider insists on taking payment directly, vehicle owners should email info@urdrivetech.com or call 0112 493388 as soon as possible.
  4. Cancellation fee: A Ksh.150 cancellation fee may be charged if the booked appointment is canceled within 4 hours of the booked appointment date/time.
Account suspensions and Cancellations
  1. Any vehicle owners found to be violating any of the above policies will be susceptible to Urdrive’s Account Suspensions and/or Cancellation process.
  2. All Suspensions and/or Cancellations will be evaluated on a case by case basis.

Urdrive's Commitment to You

  1. All personal information is stored safely and securely in the Urdrive platform and will never be shared with outside 3rd parties.

  2. Urdrive will never process a payment prior to having a vehicle owner’s service completed unless due to Cancellation Policy violation.

  3. Urdrive’s highest priority is our ability to have successful interactions. There are many events, from natural disasters to power outages that can disrupt quoting and messaging features on Urdrive. If a lengthy outage occurs, an email will be sent to our members notifying them of the issue.

  4. Urdrive appreciates any and all ideas for making the platform a better experience. Please submit your feedback and ideas to info@urdrivetech.com

  5. Please note: Urdrive diligently tracks all communications and transactions between parties. This is for both your protection and ours should any issues arise. Any communication including quotes, scheduling or repairs taking place outside of Urdrive Quotes or Messaging will exempt the Service from the Urdrive Guarantee and Policies.

Mechanic/Repair Shops

  1. During business hours, Urdrive will respond to any and all questions and concerns from Mechanics and repair shops within four hours.

  2. Repair shops are the backbone of Urdrive and they need to be able to use the platform with confidence. Because of this, Urdrive has policies in place for how customers can and should use the platform, and consequences for when they don’t.

  3. If you believe a customer has violated one of the policies please email info@urdrivetech.com or call 0112 493388 as soon as possible.

Customers

  1. During business hours, Urdrive will respond to any and all questions and concerns from customers, with active service requests, within four hours.

  2. Urdrive is committed to finding vehicle owners the best mechanics and repair shop for their auto repair and maintenance needs. Should your experience be anything less than positive with Urdrive or one of our repair shops, please email info@urdrivetech.com.

  3. If you believe a repair shop has violated one of Urdrive’s policies, please email info@urdrivetech.com or call 0112 493388 as soon as possible.

  4. As a Repair Shop or Customer you are responsible for reviewing and understanding Urdrive’s policies, as well as all applicable laws and regulations outlined in the Urdrive Terms and Conditions.

Urdrive Terms and Conditions (Service Providers)

All Service Providers in the Urdrive network are required to adhere to the following policies:

Basics

All service providers affirm they meet the following qualifications

  1. Must be Mechanics certified or otherwise qualified to perform the services
  2. Must have been in business for six months.
  3. Must offer service warranty

All service providers are held to certain industry standards when it comes to the repairing, upgrading, or adjustment of the operating motor parts of a vehicle. Service providers found violating of any of the following will be liable for additional charges and repairs that may occur:

  1. Failure to fully repair broken or worn parts
  2. Installing the wrong replacement part
  3. Performing the wrong procedure
  4. Failing to notice major repairs that need to be done (i.e improper inspection and diagnosis)
  5. Causing damage to the engine or other parts during the work
  6. Modifying the operating parts in a way that makes the car illegal to operate on public roads
  7. Failing to remove scraps, debris, dirty fluids, or other foreign objects during the repair procedure, to the extent relevant to and reasonable in connection with such procedure

Communication
  1. Service providers in the Urdrive Network are required to respond to communications within the timeframe given below during working hours. Any service provider who has not participated in any of the below activities or logged in within a 90-day period will be removed from the Urdrive Network.

    1. Messages – Service providers are required to respond to Messages within 2 Hrs
    2. Appointments – Service providers are required to respond to Appointments within 2 Hrs

  2. Hateful, offensive, profane, vulgar language, or other non-professional behavior directed at Urdrive vehicle owner and staff will not be tolerated. Any service provider found violating this policy may suffer a range of actions including but not limited to removal of messaging capabilities, limiting quoting abilities and or account suspension.
  3. Service providers are prohibited from communicating with vehicle owners concerning Urdrive transactions outside the Urdrive platform or encouraging vehicle owners to do so. For the avoidance of doubt, the foregoing prohibition on communications concerning Urdrive transactions (1) does not limit service provider from making any communications that are required by applicable law; and (2) does not limit service providers in their other communications, including but not limited to marketing communications, with vehicle owners, including but not limited to existing customers of service provider.
Quote Accuracy
  1. Quote misrepresentation will not be tolerated. Quotes for service provided to the vehicle owner must be accurate based on details provided by vehicle owner regarding vehicle make/repair requested.
  2. The service provider must honor the price and services displayed upon the scheduling of a vehicle owner appointment. Any necessary changes to price or service must be edited, communicated and agreed upon prior to scheduling.
  3. The service provider must review any and all pricing changes from the initial quote with the vehicle owner prior to initiating incremental work. If this does not occur, the service provider is liable for incremental charges.
  4. All communication regarding quote accuracy and service is required to take place via the Urdrive Messaging system. Urdrive will not be held liable for any communication, contracts, or services rendered without written agreement or approval via the Urdrive Messaging system.
  5. Should the service provider’s standard labor rates and/or parts pricing change, this must be updated in the Urdrive Automated quotes entries within 21 days of the change. If not, the service provider will be held to their quoted price.
Taxation
  1. All Service Providers are responsible for collecting and remitting their tax returns to the Kenya Revenue Authority.
  2. Mobile mechanics are responsible for complying with the taxation requirements where they provide service.
Urdrive Fees
  1. To help operate the Urdrive platform, including services like confirming a service appointment and payment processing, Urdrive charges a service fee to service providers when an automotive service is completed for a customer that Urdrive delivered to the service provider.
  2. The fee is based on the final customer invoice and is automatically deducted from the customer’s payment on the Urdrive platform for services rendered.
Account suspensions and Cancellations
  1. In the event that an individual service provider is found to be violating any of the above policies, Urdrive will consult the service provider to address violations.
  2. Urdrive will not unilaterally suspend or cancel individual service providers.

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