Effective Date: June 18, 2025
Parties: These Driver Partner Terms and Conditions (“Agreement”) is made between Zavika Fintech Private Ltd, a company registered under the Companies Act, 2013 and having its registered address at 1082, Pocket-B, Sector-A, Vasant Kunj, Delhi – 110070 (hereinafter the “Company” or “Drivly”) and the Driver Partner (hereinafter “Driver” or “you”), who is an individual and independent service provider, and is desirous to provide driving services to customers through the Drivly mobile application (“Driver App”) or website. Driver App and website, together to be referred to as (“Drivly Platform”).
This document is an electronic record in terms of Information Technology Act, 2000 and rules thereunder as applicable and the provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures. By clicking “I Agree” or by signing up as a Driver on the Drivly Platform, you acknowledge that you have read, understood, and agree to be bound by this Agreement, as well as all policies and guidelines incorporated by reference. If you do not agree to these terms, you must not register or provide services via Drivly.
Scope of Services and Relationship
Platform Service: Drivly offers an Drivly Platform that connects independent driver partners with customers seeking transportation or chauffeur services (“Services”). Drivly’s role is solely as an intermediary to facilitate bookings and payments between you and the customer. This Agreement governs the terms under which you shall access the Driver App and provide Services to customers.
Independent Contractor Status: Your relationship with Drivly is that of an independent contractor. Nothing in this Agreement shall be construed as creating an employer-employee relationship, partnership, or joint venture between Drivly and you. You are not an employee of Drivly, and you shall not represent yourself as such. You are free to provide services to any other party, subject to your obligations under this Agreement.
Direct Contract with Customer: When you accept a booking request via Drivly Platform, you are entering into a direct contract with the customer to provide driving services for that trip/ride. You acknowledge and agree that Drivly is not a party to the contract for transportation or chauffeur services between you and the customer and at no time shall Drivly have any obligations or liabilities in respect of such contract. You further acknowledge and agree that Drivly does not control, and does not make any representation and warranty, and is not responsible an any manner whatsoever for any insufficiency or deficiency, of the performance of services by you to the customer or the condition of any vehicle used. The quality and safety of the service you provide is solely your responsibility.
Compliance with Terms and Policies: You agree to adhere to this Agreement and all additional Drivly policies applicable to Drivers, which are hereby incorporated by reference (such as a Code of Conduct, Zero Tolerance Policy, safety guidelines, or any incentive plan terms issued by Drivly). Drivly shall update these terms or policies from time to time and shall notify you of any material changes (via the Driver App, email, or other written means). Continued use of the Drivly platform after such notice constitutes your consent to the updated terms.
Driver Eligibility and Onboarding
Minimum Requirements: To register as a Driver with Drivly, you must meet all of the following eligibility criteria:
Legal Age & License: You shall attain at least the minimum age required by law to hold a driver’s license for the class of vehicle you shall operate, and you hold a valid driving license issued by the appropriate government authority.
Driving Experience: You shall have the minimum years of driving experience as may be required by Drivly or applicable law for providing professional driver services.
Background Verification: You represent and warrant that you have no disqualifying criminal record or driving offenses. You agree that Drivly, at its own discretion, directly or through third party service provider may conduct background checks or verify your identity and credentials (including verification of your driver’s license, identity documents, and background screening for past criminal convictions or traffic violations) as permitted by law. You shall be obligated to provide to Drivly any necessary authorizations or documents for such checks, including government identification (e.g., Aadhar, PAN, or other ID as applicable) for identity verification and compliance.
Vehicle or Capability: Depending on the service, you either have access to a customer’s vehicle (in the case of providing only driver service for the customer’s own car) or you have a vehicle in your possession that meets Drivly’s standards (if you are providing transportation with your own vehicle). The vehicle (if provided by you) must be in good operating condition, properly registered, and insured as required by law.
Smartphone and App Usage: You possess a compatible mobile device (smartphone) and are capable of running the Driver App. You have a working mobile number and internet data plan to use the Driver App and communicate with Drivly and customers.
Onboarding Documents: You shall submit all required documents and information during the onboarding process, which shall include: driver’s license, government-issued identification (e.g., passport or national ID), proof of address, proof of vehicle ownership or authorization to use the vehicle (if applicable), a recent photograph, valid vehicle registration and insurance papers (if you will drive your own or a provided vehicle), and any other document that Drivly or law requires. You agree, represent and warrant that the information provided by you is true, correct, accurate and up-to-date. You understand and agree that, providing false, misleading, or incomplete information can result in rejection of your application or immediate termination of this Agreement without any Drivly’s responsibility towards you.
Training and Assessment: Drivly may require you to attend an orientation or training session, either online or in person, to ensure that you are familiar with the Driver App features, service quality standards, and Drivly’s policies. Drivly reserves the right to periodically test or evaluate your driving skills and knowledge of traffic rules, and to disqualify or suspend you from the Services if standards are not met. Drivly also reserves the right to immediately block, suspend or deactivate the Driver’s Account.
Account Activation: Once all requirements are met by you and submitted all necessary documentation, Drivly shall review your application. Approval of any Driver application is at Drivly’s sole discretion. Upon approval, Drivly shall create a driver account for you on the Driver App (“Account”). You are solely responsible for all activities that occurs under your Account. You agree that it shall be your sole responsibility to maintain the confidentiality of your login credentials and to not share access with anyone. If you suspect any unauthorized access to your Account, you must notify Drivly immediately.
The Driver App and Device Use
Device Requirements: You shall use your own mobile device (“Device”) to access the Driver App and perform services. The Device must meet the specifications communicated by Drivly (for example, a certain Android or iOS version, GPS capability, etc.). You shall be responsible for obtaining mobile network access and covering any costs associated with data usage or messaging while using the Drivly App. Drivly shall not be liable for connectivity issues or data charges.
App Usage: You agree to use the Driver App only for its intended purpose of receiving and accepting trip assignments, navigating to pickup/drop locations, and other activities necessary to perform services for customers. You shall keep the Driver App running and maintain your Device in active status (with sufficient battery and network connection) whenever you are on a scheduled trip or marked as available to accept trips. You acknowledge and agree that failure to respond to trip requests or to keep the Device operational while on duty shall lead to reduced trip assignments or other consequences under Drivly’s policies
Updates and Safety: You shall install updates to the Driver App as and when released to ensure proper functionality and security. You shall not use the Driver App (or Device) in a manner that distracts you from safe driving. For example, you should not manually operate the Driver App while the vehicle is in motion or engage with the Device in a way that violates traffic laws. You shall use hands-free or mount the Device appropriately in the vehicle if needed for navigation.
Device Security: You are solely responsible for maintaining the security of your Device. You shall not install unauthorized or harmful software that could compromise the Driver App or customer data. If your Device is lost, stolen, or you suspect that someone else has gained access to your Driver App account, you shall immediately inform/notify Drivly so that we can immediately block, suspend, deactivate or secure your Account to prevent misuse.
No Unauthorized Access or Modification: You shall not (a) attempt to gain unauthorized access to the Driver App, Drivly’s systems or data, or any related systems; (b) defeat or bypass any security feature of the Driver Platform; or (c) copy, modify, distribute, sell, or lease any part of the Driver App or its software. You agree that all rights in the Driver Platform are and shall remain the property of Drivly or its licensors. You acknowledge that your limited rights to use the Driver App/ Driver Platform shall cease upon termination of this Agreement.
Bookings and Trip Assignment
Acceptance of Bookings: When you are marked as “online” or available in the Driver App, you shall receive ride or service requests from customers (“Booking Requests”). Drivly shall use its platform algorithms to allocate trip assignments, however does not guarantee any minimum number of bookings to you. Upon receiving a Booking Request, you shall have the option to accept or decline within a limited time window. If you accept, you agree to carry out the service promptly and in accordance with this Agreement. If you decline or do not respond, Drivly shall reassign that trip to another driver. You understand that frequent non-response or cancellations shall affect your Account status or lead to penalties (see Section 7.4).
Timely Arrival and Service Fulfillment: Upon accepting a Booking Request, you shall make best efforts to arrive at the customer’s pickup location by the designated time. You shall use the navigation features in the Driver App or your knowledge of local routes to choose the most efficient route, unless the customer provides specific routing instructions. You shall wait for the customer for a reasonable period (as per Drivly’s policy, e.g., a certain number of minutes) at pickup point. If the customer does not show up within the waiting period, you shall follow the procedure in the Driver App (which includes contacting the customer and/or marking the customer as no-show). You agree that you shall not cancel the ride/trip on your own unless the customer fails to show up or explicitly cancels, or you are instructed by Drivly’s support to cancel.
Professional Service: You are responsible during the trip, and are expected to provide service in a safe and professional manner. You shall complete the ride/trip to the agreed drop-off location (or duration, if hired on hourly basis) as requested by the customer. You shall not make any unscheduled or personal stops during an ongoing trip unless it’s at the customer’s request or for emergency/safety reasons. If an emergency arises (vehicle breakdown, accident, medical issue), prioritize safety, notify the customer and Drivly support immediately, and seek police or medical assistance.
Customer Identification and Safety: When you are picking up the customer, you shall verify their identity (for example, by asking for the customer’s name or using any verification code provided via the Drivly customer application) to ensure that you are picking up the correct passenger. If the service involves driving the customer’s vehicle, you shall verify the vehicle and any instructions for its operation. You shall exercise due care in handling the customer’s vehicle: perform a basic check (lights, brakes, etc.) if feasible and report any noticeable issues to the customer before starting. You are responsible for operating the vehicle safely however the customer shall remain responsible for the vehicle’s roadworthiness and fuel (unless otherwise agreed). Both you and the customer shall comply with all seatbelt and safety requirements.
Communication: You shall contact the customer via the Driver App’s masked call or chat feature (or direct call if provided) for coordination (for example, to clarify pickup location or inform arrival). All such communication shall remain professional. You shall not use the customer’s contact information for any purpose other than fulfilling the specific ride/ trip, nor contact them after the trip is completed, except to return lost belongings or other permissible reasons as per Drivly’s policy. Drivly may monitor communications made through Drivly Platform for safety and support (see Privacy Policy).
Fees, Commission and Driver Earnings
Service Fees and Fares: The customer shall be charged a fee for each completed service (trip) you provide, as determined by Drivly’s pricing structure at its own discretion. Charges shall be calculated based on time, distance, a flat rate, or other factors communicated to you (for example, an hourly rate for a driver service, or a per-trip fare). Drivly reserves the right to set or adjust the pricing and fare calculation method, and may offer promotions or discounts to customers at its discretion. You shall be able to view the fare for each trip (or the basis of its calculation) via the Driver App. You agree that you shall not circumvent or manipulate the fare calculation (for example, by prolonging the route without cause). You shall not demand or accept any additional fee from the customer beyond the fare shown in the Driver App (except for any tip the customer voluntarily gives or any legitimate additional charges approved by Drivly, such as parking or tolls if applicable). You acknowledge and agree that overcharging a customer is a breach of this Agreement and Drivly shall have the right to terminate this Agreement.
Driver Earnings and Commission: For each completed trip, you shall earn a payout equal to the customer’s fare (and any authorized extras like tolls) minus Drivly’s Platform commission and any applicable charges or taxes. Drivly’s commission rate or structure shall be communicated to you (for example, a percentage of the fare, a fixed per-trip fee, or another model). By accepting this Agreement, you agree to the commission structure in effect at the time of each trip. Drivly shall have a right to modify the commission or fee structure with reasonable notice to you (e.g., via in-app notification or email); and your continued provision of services after such notice constitutes acceptance of the new rates.
Subscription Plans (if applicable): Drivly, shall offer optional subscription or membership plans for Drivers as an alternative or supplement to per-trip commission. Under a subscription plan, you shall pay a fixed periodic fee (e.g., weekly or monthly) or an upfront amount to Drivly in exchange for reduced per-trip commissions, priority bookings, or other benefits as specified in the plan terms. Participation or subscription to such plan/ membership is voluntary and solely your decision. The specific terms of any subscription or incentive plan (including fees, duration, benefits, and cancellation policy) shall be provided separately, and by opting into such plan you agree to those additional terms which shall be binding on you. Drivly shall have a right to modify the terms of the subscription plan with reasonable notice to you (e.g., via in-app notification or email); and your continued provision of services after such notice constitutes acceptance of the new rates. In case of any conflict between the subscription plan terms and this Agreement, the plan-specific terms shall govern for matters related to that plan.
Incentive Programs: From time to time, Drivly shall, at its own discretion. introduce driver incentive programs, bonuses, or referral schemes to encourage performance (for example, bonuses for completing a certain number of trips in a week, maintaining a high rating, referring new drivers or customers, etc.). The eligibility, rules, and reward structure of such incentive programs shall be communicated through official channels (Driver App notifications, email, or published guidelines on Driver Platform). These incentives are not guaranteed and shall be subject to you meeting the criteria and the program’s terms. Drivly reserves the right to modify or cancel incentive programs at any time without providing any reason, however, any earned incentive that has been confirmed by Drivly to you shall be honored.
Payment Settlement: Drivly shall facilitate the payment of fares from customers to you. Payment methods shall include cash, credit/debit cards, digital wallets, UPI, or other electronic payment instruments or any other method which is suitable and acceptable to Drivly. The settlement process shall be as follows:
Cash Trips: If a customer decides to pay you in cash for the trip, you shall collect the fare directly. Drivly shall then invoice you for the commission or deduct the commission from your account balance. You shall promptly pay any commissions or fees due to Drivly for all such cash trips, either by depositing the amount through the Driver App wallet or as otherwise instructed by Drivly. You agree that failure to pay such due commissions on cash rides can result in suspension of your Account or deduction from future earnings.
Cashless Payments: If the customer decides to pay through a cashless method (i.e., online payment through the mobile application, card, etc.), the payment shall be received by Drivly (or its authorized payment processor) shall. Drivly shall then remit to you the net amount of your earnings (fare minus commission and any other applicable deductions) typically via an electronic transfer to your designated bank account or to your Driver in-app wallet balance. You acknowledge that payouts shall be made on a regular schedule (e.g., daily or weekly) as per Drivly’s policy, and you shall be notified of each payout statement.
Taxes: You shall be responsible for complying with all Indian tax laws and obligations applicable to the services you provide, including income tax, GST/VAT or similar indirect taxes, and any other contributions. Drivly shall not be liable for your personal tax obligations in whatsoever manner. However, if applicable laws require Drivly to deduct or collect taxes (such as Tax Deducted at Source (TDS) or Tax Collected at Source (TCS) under the Income Tax Act 1961 or Central Goods and Services Act, 2017) on the amounts paid to you, Drivly is authorized to make such deductions and remit them to the appropriate government authorities. Any such tax deductions shall be reflected in your payout statements, and Drivly shall provide you with necessary documentation of the taxes withheld upon request or as mandated by law. You agree to immediately provide Drivly with any tax identification details (like PAN or GST registration number) if required for compliance.
Receipts and Statements: After each trip, Drivly shall generate an electronic receipt or summary accessible to you through the Driver App, detailing the fare, any adjustments, and your net earnings. You shall review these receipts and report any discrepancies, if any, to Drivly immediately. Additionally, Drivly shall provide periodic summary statements of your earnings, deductions, and other account activity. It shall be your responsibility to review these statements and ensure their accuracy. If you may have any objection or dispute about any payout, you shall notify Drivly in writing (via support channels) within a reasonable period of 7 days of the payout or statement, after which the statement shall be deemed accepted.
Changes to Fees: Drivly reserves the right to introduce new fees or charges (for example, safety fee, or device deposit), or change the commission rates, subscription fees, or other payment terms, at its own discretion. Any such changes shall be communicated to you in advance through the Driver App and/or email. If you do not agree to the changes, you shall terminate this Agreement in accordance with Section 14. Your continued use of the Drivly Platform to accept trips after the effective date of any fee revisions shall constitute your acceptance of such changes.
Driver Conduct and Responsibilities
As a Driver, you agree to maintain the highest standards of professionalism, safety, and service quality. You understand and agree to comply with the following key responsibilities and conduct requirements (please note that, this is not an exhaustive list, and additional guidelines shall be provided in future which shall be binding on you):
Compliance with Laws: You shall, at all times, comply with all applicable laws and regulations in India while providing services, including without limitation traffic laws, transportation rules, motor vehicles regulations, and city ordinances. All required permits, licenses, and registrations (including a valid driving license, vehicle registration, and insurance) shall be maintained in current and in good standing. You shall obey all traffic signals, speed limits, and parking rules. Any fines, penalties, or legal infractions incurred during a trip (e.g., traffic tickets) are solely your responsibility.
Safe and Sober Driving: you agree that you shall not consume alcohol, illegal drugs, or any intoxicating substances while using the Drivly Platform or performing/rendering services. You shall not be under the influence of alcohol or drugs at the time of providing any ride/trip. Drivly has a zero-tolerance policy for driving under the influence of alcohol or drugs. Additionally, you shall not consume tobacco, chew pan/betel, or smoke in the customer’s vehicle or in the presence of the customer, as it can be unpleasant for passengers/customers. If you are taking any prescription medication that shall impair your ability to drive safely, you shall refrain from using Drivly Platform or provide any services.
Professional Behavior: You are expected to behave courteously and professionally with all customers, Drivly staff, and the general public during the performance of services. This includes:
No Harassment or Abuse: You agree to not engage in any abusive, aggressive, or harassing behavior, whether verbal or physical, toward customers or others. Prohibited conduct includes the use of profanity or slurs, shouting, overly argumentative behavior, or any form of unwanted personal remarks or contact.
Non-Discrimination: You shall not discriminate against or refuse service to any customer based on race, religion, caste, nationality, gender, sexual orientation, disability. All customers should be treated with equal respect and courtesy.
Customer Instructions: Reasonable requests from customers regarding the operation of the ride should be honored, provided they do not violate any laws or Drivly policies (for example, route preference, AC on/off, music volume, etc.). If a customer’s request is against the law or this Agreement (e.g., asking you to speed), you should politely decline and explain the reason.
Service Quality and Care:
If you are driving the customer’s vehicle, you must take good care of that vehicle as a responsible driver. This means driving gently and avoiding harsh braking or acceleration unless necessary for safety, not unnecessarily draining fuel, and keeping the vehicle clean and undamaged. You sgall adjust the seat, mirrors, etc., to your comfort however restore any settings if requested by the customer. Any incident, damage, or issue with the vehicle during the trip must be reported to the customer and to Drivly immediately. You agree that you shall not use the customer’s vehicle for any personal purpose other than the assigned trip.
If you are driving your own vehicle to transport the customer, ensure the vehicle is clean, well-maintained, and has sufficient fuel. The vehicle should meet all safety standards (functional brakes, lights, etc.). During the ride, you shall offer a comfortable experience: keep music volume at a moderate level (or off if the customer prefers quiet), maintain a comfortable cabin temperature, and avoid any behavior that could disturb the passenger (such as playing loud music, using earphones, or making excessive personal calls).
Punctuality: Always strive to be on time. For Booking Requests accepted by you, plan to arrive by or before the scheduled time. If you anticipate a delay due to traffic or other factors, you shall inform the customer through the Drive App or call. Habitual lateness can lead to poor ratings and actions from Drivly including penalties or suspension of your Account.
Appearance and Hygiene: Maintain personal cleanliness and dress in a neat, presentable manner. If Drivly provides or requires a uniform or dress code (e.g., specific attire or ID badge), you shall comply with those requirements. You shall avoid strong odors (from smoking, body odor, or otherwise) that might make the ride unpleasant for customers.
Use of Phone and Navigation: While providing service, limit the use of your mobile phone to essential functions such as using the Drivly App, navigation, or emergency calls. You shall not text or engage in phone calls (except hands-free calls if necessary for the service) while driving, as this is dangerous and illegal and in violation of law. If you need to use your phone for any reason not related to the trip, you shall safely park the vehicle before doing so.
Honesty and Integrity: You shall be honest in your dealings. This means, you shall not misrepresent yourself or your qualifications, not fudge the trip details (distance, time) to inflate fare, not collude with customers or others to defraud Drivly (for example, by fake bookings or payments), and shall not engage in any theft or misuse of customer’s property. If a customer leaves behind any belongings in the vehicle, you are expected to notify them or Drivly immediately and safely return the items.
No Solicitation Outside Platform: While as an independent service provider, you are free to have your own clientele, you shall not solicit Drivly’s customers to book your services outside of the Drivly Platform for rides that were made through Drivly. The Drivly Platform’s purpose is to facilitate these connections, and circumventing the Drivly Platform for repeat business with the same customers to avoid commission is considered a breach of this Agreement. Similarly, you shall not promote any competitor services to Drivly’s customers during a trip.
Device and Driver App Usage During Service: You shall keep your Driver App status accurately reflecting your availability. You shall not intentionally go “offline” or out of network during an ongoing trip. Additionally, You shall not tamper with the GPS tracking, or disable location sharing while a trip is active. Drivly needs continuous location data for safety and fare calculation; and you agree that disabling it without cause (e.g., a genuine network outage) could be treated as violation and breach of this Agreement.
Multiple Accounts and Transfer: You are permitted to have one Driver Account with Drivly, unless expressly allowed by Drivly for a specific situation. You shall not share your account or Device with another person to operate under your identity. The person who is registered and verified by Drivly shall be the one authorized to carry out the driving services under your Account. Account sharing or allowing unapproved individuals to drive in your stead is strictly prohibited. You cannot assign or transfer your Driver account or rights under this Agreement to any other person or entity.
Customer Feedback and Ratings: The Drivly Platform shall allow customers to rate and review their ride experience. You understand that maintaining a good rating is important to continue receiving Booking Requests. Consistently poor ratings or serious complaints (such as reckless driving, rudeness, or unsafe behavior) shall result in warnings, required re-training, temporary suspension of your Account, or termination of this Agreement. Drivly shall provide a notice or opportunity to improve before termination for low ratings, except in cases of severe misconduct. You shall have a right to contest or explain any feedback to Drivly if you believe it’s unjust.
No Illegal Activity or Contraband: You shall not engage in any illegal activities while performing services or use the Drivly Platform for any unlawful purpose. You shall not transport any contraband, weapons, or illegal substances in the vehicle during a providing services. If you suspect a customer is asking you to partake in or facilitate something illegal (for example, transport illicit goods), you must decline and report the incident to Drivly immediately and, if appropriate, to law enforcement.
Additional Obligations: Drivly shall communicate further specific do’s and don’ts (for example, “zero tolerance” guidelines on harassment or safety checklists before starting a ride). You agree to familiarize yourself with and follow all such guidelines provided by Drivly. These shall be updated over time via notifications or driver policy documents. Ignorance of a communicated policy shall not excuse non-compliance. If you are unsure about a policy or face a situation not clearly addressed by the guidelines, you should contact Drivly’s driver support for advice.
Performance, Violations and Penalties
Quality Monitoring: Drivly reserves the right to monitor your performance and compliance with this Agreement and its policies. This shall include reviewing customer ratings and feedback, ride statistics (acceptance rate, cancellation rate, timely pickups, etc.), and occasional ride audits. Drivly shall also employ “mystery riders” or conduct random checks. If performance issues are identified (e.g., unusually high cancellations, consistent tardiness, poor vehicle condition, etc.), Drivly shall intervene with warnings or required corrective actions. Drivly shall also, at its discretion, directly or through third party, audit earnings, trip logs, or payment records to detect fraud, misreporting, or system abuse.
Investigation of Reports: If Drivly receives a complaint or report of misconduct, violation of terms, or any other incident involving you (from a customer, another driver, or a third party), Drivly shall investigate the matter. You agree to cooperate fully in any such investigation, provide true information, and, if requested, provide a written statement of your Account of the incident. During an investigation, Drivly shall temporarily suspend your account to protect the interests of platform users.
Zero Tolerance Cases: Certain behaviors are considered gross violations and shall result in immediate deactivation of your Account and termination of this Agreement without prior notice. Such behaviour includes however are not limited to: confirmed instances of driving under influence of alcohol/drugs; violent or sexual misconduct toward a customer; theft or criminal activity; fraud (such as intentionally misreporting fares or colluding in false bookings); or any action that endangers the safety of any person. Drivly shall have a right to involve law enforcement as it may deem appropriate.
Cancellations and No-Shows: Drivly monitors cancellation rates and no-show instances. You shall avoid cancelling accepted bookings except for valid reasons (e.g., emergency, customer unreachable after reasonable waiting). Unwarranted cancellations or frequently marking customers as no-show without adequate basis shall result in penalties. Penalties shall include a reduced priority in receiving future bookings, temporary suspension, or monetary fines (deducted from your payouts). Drivly shall notify you if your cancellation rate is problematic and give guidance on improvement.
Penalty Deductions: In the event you breach any provisions of this Agreement or Drivly policies, Drivly reserves the right to levy penalties as it may deem appropriate. These penalties shall be monetary amounts that can be deducted from your pending earnings or security deposit (if any), or charged to you separately. For example, a penalty shall be imposed for: overstating expenses or claims, causing loss/damage to a customer’s property, or violating a specific operational rule that has a fine associated (like a customer compensation for no-show). Any such penalty shall be communicated to you with an explanation of the violation. You shall have the opportunity to dispute a penalty by contacting Drivly’s support and providing any evidence or explanation, within a specified timeframe. Drivly shall review any disputes in good faith, however Drivly’s decision thereafter shall be final and binding on the Driver.
Suspension and Remedial Action: Besides or in lieu of penalties, Drivly shall choose to suspend your access to the Drivly Platform for a particular duration or until certain conditions are met. For instance, if customer feedback indicates a problem with your driving skills or vehicle, Drivly shall require you to undergo re-training or fix vehicle issues before reactivating your Account. If you are implicated in a law enforcement investigation or any incident that could affect safety or Drivly’s reputation, Drivly can suspend your Account immediately. Suspension means you cannot receive Booking Requests, though you shall still be required to complete any ongoing obligations and settle any dues.
Appeal and Reinstatement: If your Account is deactivated (temporarily or permanently), you shall inquire about the cause and, if applicable, request reinstatement after remedying the issue. Drivly shall, but not obligated to, provide reasons for deactivation to the extent allowed (noting that some information shall be confidential or under legal restriction). Minor violations shall have a clear path to reinstatement (such as completing a training module or a probation period). Serious violations shall lead to permanent ban with no appeal. Drivly’s decision on reinstatement requests shall be at its sole discretion, based on the safety of customers and integrity of the Drivly Platform.
Privacy and Data Usage
Personal Data Collection: You understand and acknowledge that during the course of your partnership with Drivly, the Company shall collect and process certain Drivers’ information including personal data or any sensitive financial information, in accordance with the Information Technology Act, 2000 and the Rules made there under as well as the privacy policy of Drivly as will be notified to you via text message and/or e-mail from time to time. This shall include the information you have provided during onboarding (such as your name, contact details, address, license and ID details, vehicle information, emergency contact, etc.), as well as data collected during your use of the Drivly Platform (such as your GPS location during trips, driving route history, trip acceptance and completion records, customer ratings and feedback, and any communications with customers or Drivly support).
Consent to Data Use: By entering this Agreement and using the Driver App, you consent to Drivly’s collection, use, processing, and sharing of your data for purposes relevant to your engagement as a Driver in the manner prescribed by Applicable Law or Drivly Privacy Policy. These purposes include: verifying your identity and credentials, facilitating trip assignments and navigation, processing payments and driver incentives, monitoring performance and safety (for example, using your location to track trips in progress or using telematics to detect unsafe driving patterns if applicable), investigating incidents and resolving disputes, and complying with legal obligations (such as retaining records for tax or insurance purposes). If you object to their information being used in such manner, you shall refrain from continuing to use and registering on the Drivly Platform.
Sharing of Your Information: You agree that Drivly shall share certain information about you with customers and third parties as needed to provide the Services. For example, when you accept a trip, Drivly shall share with the customer your first name, photo, vehicle/license plate (if you use your vehicle), your location approaching the pickup, and your phone contact (usually in a masked form) so the customer can identify and communicate with you. If the service involves driving the customer’s car, the customer shall also see limited personal information necessary for trust (such as confirmation that you have a valid license, or an ID code). Drivly shall share your information with service providers that help us run our business – for instance, sharing your bank details with payment processors to remit your earnings, or your phone number with an SMS service to send you verification codes, or your data with an analytics or telematics partner to improve safety. All such third-party sharing shall be done in accordance with our Privacy Policy and in accordance with law.
Driver Privacy Policy: Drivly’s Privacy Policy (available on our website and Driver App) further describes our data practices. By agreeing to the terms of this Agreement, you also agree to the terms of the Privacy Policy. In case of any conflict between the Privacy Policy and this Agreement regarding personal data handling, the provisions that offer greater data protection to individuals shall prevail. You should review the Privacy Policy to understand the nature of data we collect regarding you and how we safeguard it.
Data Accuracy and Updates: You are solely responsible for ensuring that the personal information provided by you to Drivly remains accurate, current, true, correct and valid. For example, if your phone number, address, or banking information changes, or if your driver’s license is renewed, you must promptly update this information in the Driver App or by notifying Drivly. Drivly shall not be responsible for any issues or payment delays arising from outdated information provided by you.
Confidentiality of Customer Data: During the course of providing services, you shall receive personal information about customers, such as their name, contact number, address, or destinations. You agree that you shall only use this information for the purpose of fulfilling the relevant service and in accordance with this Agreement and applicable laws. You shall keep customer information confidential and shall not retain it or use it for any other purpose other than as contemplated in this Agreement after the service is completed. You acknowledge that any unauthorized use or disclosure of customer’s personal data by you is a breach of this Agreement and shall also violate privacy laws, exposing you to legal consequences. If a customer leaves personal data accessible (e.g., a document in their car) or shares sensitive information with you inadvertently, you shall not misuse it and shall, if feasible, return or delete such information.
Location Tracking: You acknowledge that during the use of the Driver App, your precise location shall be tracked by Drivly in order to (a) dispatch trips to the nearest available driver, (b) monitor route safety and progress, (c) provide real-time updates to the customer (such as showing the driver approaching on a map), and (d) assist in navigation. Drivly shall retain a history of your trip routes and locations for purposes such as customer receipts, resolving complaints, ensuring quality, and internal analytics. This location tracking shall only be active when you are logged into the App; you shall have the option to go “offline” when you do not wish to be tracked (however you shall not receive trip assignments). By accepting these terms, you consent to the tracking of your location. If you disable the Driver App’s access to location services on your Device, Drivly shall be unable to offer you trips or shall treat it as a violation and breach of this Agreement, if this has been done during an active trip/ride (as noted in Section 6.8).
Dashcam or Recording Devices: If you use a dashcam or other audio/video recording device in your vehicle for safety purposes, you shall comply with all applicable laws regarding recording. In some jurisdictions, you must inform passengers if audio recording is taking place. You shall comply with Drivly’s policy (if any) on such recordings. Any footage or recording you capture shall be used only for safety/protection and not published or misused. Drivly shall request a copy of any such recording in the event of an incident, and you agree to comply in good faith, consistent with applicable laws.
Data Retention: (a) Upon termination of this Agreement or of your partnership with Drivly or (b) deletion of your Driver Account, Drivly shall cease active use of your personal data however shall retain it for a period as required or permitted by law (for instance, retaining transaction records for accounting or disputes, or retaining identity documents to comply with regulatory retention mandates). All such data shall remain subject to confidentiality and security obligations.
Marketing Communication: Drivly shall send you communications about new driver features, promotions, or opportunities. These shall be sent via Driver App notifications, SMS, or email. You can opt out of non-essential marketing messages by following the unsubscribe instructions provided (e.g., in an email) or by adjusting your preferences in the Driver App settings. Note that you cannot opt out of transactional or service-related communications (such as trip notifications, payment confirmations, policy updates, or safety notices) as these are integral to the provision of Service.
Confidentiality and Intellectual Property
Confidential Information: During your partnership with Drivly, you shall receive or become aware of confidential information related to Drivly’s business, Drivly Platform, customers, or other drivers. This includes, for example, non-public data about the platform’s algorithms or logic, marketing or business plans, financial information, personal data of users, or any other information that by its nature is confidential or proprietary to Drivly. You agree you shall not disclose any such confidential information to a third party during the term of this Agreement or after its termination, except as required by law or with Drivly’s prior written consent. You agree you shall not use any confidential information for any purpose other than fulfilling your obligations as a Driver under this Agreement. If you are legally compelled to disclose Drivly’s confidential information (for instance, by a court order or government demand), you must promptly notify Drivly (unless legally prohibited) so that Drivly may seek an appropriate protective order.
Company Property: All devices, equipment, or materials that Drivly may optionally provide to you (such as a branded uniform, ID card, signage for vehicles, electronic device, etc.) shall remain the property of Drivly. You shall use them only for their intended purpose related to Drivly Services and must return them upon request or upon termination of this Agreement. You are responsible for maintaining any such devices, equipment, or materials in good condition and shall be charged for loss or damage beyond normal wear and tear. If you use any signage or branding (like a Drivly decal or placard in your vehicle), you shall remove it when not using the vehicle for Drivly Services or upon termination of this Agreement. You understand and agree that unauthorized use of Drivly’s brand (beyond what is explicitly permitted) is prohibited.
Intellectual Property Rights: Drivly and its licensors retain all right, title, and interest in and to the Drivly Platform, the Driver App, and all related trademarks, logos, service marks, software, databases, and content. This Agreement does not transfer any intellectual property rights to you, except for a limited, revocable, non-exclusive, non-transferable and non-assignable license to use the Driver App and Drivly’s name/logo as necessary to identify yourself as a Driver on the Drivly Platform, strictly in accordance with Drivly’s policies. You agree that you shall not misuse Drivly’s intellectual property. For example, you shall not: copy or distribute the Driver App software, create derivative works of it, reverse-engineer or extract source code, use Drivly’s name or logo in your own promotional materials without prior written consent, or register any domain or business name confusingly similar to “Drivly.” Any goodwill arising from authorized use of Drivly’s marks shall inure solely to Drivly’s benefit. Further any feedback, content, or media uploaded by you can be used by Drivly for promotional, legal, or compliance purposes.
Driver’s Likeness and Information: You grant Drivly the right to use your name, photograph, and certain non-sensitive information in the Driver App or marketing materials for the purpose of identifying you to customers and promoting the Service. For example, when you are online, the Driver App shall show your first name, photo, vehicle details, and rating to nearby customers. Drivly might also include a picture or testimonial of you on its website or social media in a manner that highlights driver-partners, for promotional purposes. Drivly shall not, however, use your information in a manner that is defamatory or undignified, and shall cease any particular use of your likeness upon your reasonable request (such as if you no longer wish to be featured in a particular advertisement, once a campaign concludes).
Third-Party IP: You shall not infringe any third-party intellectual property rights in the course of using the Drivly Platform. This means, for instance, you shall not use unauthorized copyrighted materials or music during rides if it violates public performance rights, nor display any content in your vehicle that could infringe someone’s trademark or copyright. If any claim is brought against Drivly due to your infringement of a third party’s intellectual property (for example, a musician sues because you were streaming music to passengers illegally for commercial purposes), you agree to indemnify Drivly as described in Section 11.
Representations and Warranties
By entering into this Agreement, you represent, warrant, and undertake on an ongoing basis that:
Legal Right to Work: You have the full right, power, and authority to enter into and perform the obligations under this Agreement. This includes that you hold all necessary licenses, permits, and approvals to provide the driving services in the jurisdiction(s) you operate. If at any time you become disqualified from holding a driver’s license or any required permit (for example, license suspension or revocation), you shall immediately stop using the Drivly Platform and inform Drivly of the change in your eligibility.
No Conflict: Your agreement to these terms and your performance of services shall not violate any other agreement that you are a party to, or any law or regulation to which you are subject to. You are not bound by any non-compete or similar arrangement/ restriction that would prevent you from working as an independent driver/ service provider under this Agreement.
Fitness and Capability: You are physically and mentally fit to operate a motor vehicle and to perform the type of driving services contemplated in this Agreement. You do not have any medical condition that would make driving unsafe or illegal (e.g., disqualifying vision impairment that is uncorrected, uncontrolled epilepsy, etc.). If you develop a medical condition that impacts safe driving, you agree to suspend your services until cleared by a doctor.
Quality Commitment: You shall perform all services to customers in a diligent, safe, and professional manner and to the best of your ability, consistent with the standards expected of a skilled driver. You shall exercise reasonable care in driving and general customer service. You agree to follow all safety procedures and Drivly’s Service quality guidelines at all times.
Truthfulness of Information: All information and documents provided by you to Drivly (and shall provide in the future) are true, accurate, valid, correct and authentic. This includes your identity details, credentials, and any claims about your experience or background. If any information becomes outdated or incorrect (for example, address change, license renewal, etc.), you shall promptly update it. You have disclosed to Drivly any fact that would be relevant to your suitability as a driver (such as past criminal convictions or driving offenses).
Ownership of Vehicle (if applicable): If you are providing services with your own vehicle, you either own the vehicle or have the full legal right to use it for commercial/professional purposes. The vehicle is not stolen or is subject to any lien or restriction that would prevent its lawful use as contemplated under this Agreement. The vehicle meets the minimum criteria set by Drivly (model year, type, condition) and has all required/ requisite equipment (like functioning seatbelts for all passengers). You shall only use a vehicle registered with Drivly for providing services and shall not substitute a non-registered vehicle without going through Drivly’s approval process (which shall include inspection and document verification).
Insurance Coverage: You have and shall maintain proper insurance coverage as required by law for the operation of the vehicle and the provision of the transportation service. This includes a valid motor vehicle third-party liability policy. If the law or Drivly requires additional insurance (for example, commercial driving insurance or a personal accident cover), you agree you shall obtain and maintain such coverage. You shall provide proof of insurance to Drivly upon request. In the event of any accident or incident, you shall immediately inform both Drivly and your insurance provider, and comply with claim procedures.
No Improper Demands: You shall not engage in any practice of demanding tips or payments from customers outside the fare. While customers may voluntarily offer a gratuity, it is against Drivly policy to solicit tips or pressure customers for compensation. The fare determined by the Driver App is the final amount due for the service (except parking/toll or similar add-ons if applicable).
Abiding by Platform Rules: You have reviewed and understood all policies provided by Drivly (including these terms, any community guidelines, and privacy policy) and accept them. You specifically acknowledge that any breach of the rules regarding safety, lawful behavior, and ethical conduct shall lead to immediate consequences including immediate termination. You undertake to regularly check for communications from Drivly about various policy updates and adhere to each of them.
Liability and Indemnification
Limited Liability of Company: Drivly shall not be liable for any direct, indirect, incidental, special, exemplary, punitive, or consequential damages arising from your provision of services or your use of the Drivly Platform, to the maximum extent permitted by law. This includes any loss of revenue or profits, personal injury or property damage (except to the extent caused by Drivly’s gross negligence or willful misconduct), or damages resulting from any contact or dealings between you and customers or third parties. You understand and agree that Drivly is a technology platform and does not guarantee the constant availability of Booking Requests or error-free operation of the Driver App. Drivly shall not be liable for delay or failure in performance of its obligations under this Agreement resulting from any cause beyond Drivly’s reasonable control (e.g., an internet outage or regulatory restriction – see Section 15.5 on Force Majeure). Further, Drivly shall not be responsible or liable for any loss or damage, howsoever caused or suffered by the Driver as a result of a customer's non-compliance, which includes, but is not limited to, any incorrectly placed voice instructions, malfunction, partial or total failure of any network terminal, data processing system, computer tele-transmission or telecommunications system or other circumstances whether or not beyond the control of Drivly or any person or any organization involved in the above mentioned systems. Without prejudice to the above, Drivly shall not be liable for any direct or indirect loss or damage, which may be suffered by the Driver as a result of any failure by a customer to show up within any stipulated time even if Drivly has agreed to such timing or even if the customer has advised Drivly/Driver of the possibility that he/she may not show up within the stipulated time.
Your Responsibility: You are solely responsible for any obligations or liabilities to customers or third parties that arise from your provision of driving services. This means that any claims by a customer for accidents, injuries, losses, or damage caused by you (whether due to your action, omission, or negligence) are to be dealt with by you and/or your insurance. Drivly shall facilitate communication or insurance claims handling however, Drvly is not liable for such claims. You agree that in the event of any incident or accident, you shall not make any promises or admissions of liability to any party other than to report the facts to law enforcement (if required) and to Drivly/your insurer.
Indemnification: You agree to indemnify, defend , and hold harmless Drivly, its affiliates, associates, officers, directors, employees, and agents and other parties determined by Drivly from and against any and all claims, losses, penalties, liabilities, damages, costs, and expenses (including reasonable attorney’s fees) arising out of or related to: (a) your use of the Drivly Platform or services provided to customers, (b) any breach or alleged breach or violation of any term of this Agreement or of any applicable law or regulation by the Driver, (c) violation of any rights of any third party (including customers) – for example, any bodily injury or property damage that you cause, or an infringement of privacy or intellectual property rights caused by you, or (d) your ownership, use or operation of any vehicle in connection with a Drivly booking (e) any violation of the applicable law or regulatory breaches, including but not limited to the applicable license and permit terms of the transport authorities; (f) any violation of Drivly policies by the Driver; (g) any harm to the reputation and goodwill of Drivly directly attributable to the Driver; (h) damage, unauthorized use or loss of the Driver App in the Device; (i) unauthorized access to data on the Drivly Platform or permitting in any way the transfer of such data to the competitors of Drivly or their affiliates or to any third party; (j) death, fraud, theft, misrepresentation, misconduct, negligence act or omission in performance of Service or deficiency of Services by the Driver; (k) personal injury to or property damage of customer including but not limited motor accident claims, if any, asserted against Drivly; (l) civil or criminal offense under law or in the opinion of Drivly; (m) failure of the Driver to make tax payments in accordance with applicable laws.. This indemnification obligation shall survive the termination of this Agreement. Drivly reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with Drivly in asserting any available defenses.
Insurance and Waiver: If you are involved in an incident while engaged in a Drivly trip, you shall rely on your insurance coverage (or the customer’s insurance if applicable to their vehicle) to cover any resulting losses or injuries. To the extent permitted by law, you waive all rights you shall have against Drivly and its affiliates in relation to such incidents. Drivly shall at its discretion provide an insurance program or protection plan for drivers and/or customers, however if it does so, the terms of such program shall be provided separately and shall require you to take specific steps (like paying a contribution or promptly notifying claims) to benefit from it. In absence of a specific written commitment from Drivly, you shall not assume Drivly shall reimburse you or the customer for damages or medical costs.
Limitation of Liability: In the event that any liability is imposed on Drivly by a court of competent jurisdiction, you agree that Drivly’s total liability to you, for any claim arising out of this Agreement or the use of the Drivly Platform, shall not exceed the amount of Driver commissions retained by Drivly from your rides in the one month period immediately preceding the event giving rise to the claim, or INR [X] (or equivalent in local currency), whichever is lower. This limitation applies to the maximum extent permitted by law and is cumulative (meaning multiple claims shall not enlarge this cap).
Term and Termination
Term: This Agreement is effective from the date you accept it (either by clicking “I Agree” within the Driver App or by otherwise electronically or physically signing up) and shall continue until terminated in accordance with its terms. This Agreement shall remain in effect as long as you are actively using or retaining the ability to use the Drivly platform as a Driver.
Voluntary Termination by Driver: You may terminate this Agreement at any time by giving at least [7 days] prior written notice to Drivly (e.g., via an in-app “Deactivate Account” option or by emailing a termination notice to the driver support email). We shall instruct you on certain off-boarding procedures to complete (such as returning any Drivly property, settling any pending dues, etc.). After your notice period lapses and off-boarding is done, your driver Account shall be deactivated. You shall cease using the Driver App and shall no longer represent yourself as a Drivly Driver. Any ongoing bookings at the time of notice should either be completed.
Termination or Suspension by Drivly: Drivly shall, for its own convenience or for cause, terminate this Agreement or deactivate your driver Account. For minor breaches or performance issues, Drivly shall attempt to give you notice and opportunity to remedy the issue. However, Drivly reserves the right to immediately terminate for: (a) breach any term of this Agreement or applicable law (including but not limited to misconduct as described in Section 7.3), (b) becoming ineligible to provide services (for example, loss of license or required authorization), (c) engaging in actions that harm Drivly’s reputation or operations/ Services, or (d) in the event, Drivly discontinues the driver marketplace business or access to your region. Termination notice shall be provided via email, SMS, or via the Driver App. Drivly may also terminate your services without cause with a 7-day notice period. In case of a less severe issue, Drivly might choose to suspend your Account (making you temporarily unable to take new Booking Requests) while investigating or awaiting your compliance with corrective measures. If after suspension, the issue is resolved to Drivly’s satisfaction, Drivly shall reactivate your Account and you shall be deemed to be bound by this this Agreement again.
Effect of Termination: Upon termination of this Agreement, whether initiated by you or Drivly, you shall: (i) immediately cease using the Drivly Driver App and brand; (ii) return any Drivly property or equipment (including, if applicable, any signage, devices, or uniforms) within [7 days] or as directed; (iii) remove and permanently delete any confidential information of Drivly in your possession (including deleting the Driver App if so instructed); and (iv) settle any outstanding financial obligations. Drivly shall pay you outstanding earnings due for completed services, after deducting any amounts you owe (such as pending commission on cash trips, or any penalties). If you had paid a security deposit or subscription fee, refund (if applicable) shall be handled to you as per Section 5 or the specific plan terms. Any refundable deposit shall be returned to you after deducting any dues or damages, within [30 days] of termination.
Survival: The termination of this Agreement shall not release either party from obligations which by their nature should survive or by their terms are intended to survive termination. Without limitation, provisions concerning Section 8 (Privacy and Data Usage), Section 9 (Confidentiality and Intellectual Property), Section 10 (Representation and Warranties), Section 11 (Liability and Indemnification), Section 12(Term and Termination), Section 13 (Dispute Resolution) and Section 14 (General Provisions) shall survive the termination of this Agreement.
Deactivation for Inactivity: If you do not log into your Driver Account or have no activity for an extended period (for example, 6 months) and attempts to reach you, are unsuccessful, Drivly shall classify your Account as inactive and terminate this Agreement for inactivity. In such cases, Drivly shall use the last contact information in their database to send a notice of intent to deactivate, and if there is no response, Drivly shall proceed with termination and removal from the Drivly Platform. Reactivation after such termination would require you to reapply as a new driver, unless Drivly chooses to waive certain onboarding steps at its discretion.
Dispute Resolution
Internal Resolution: In the event of any dispute, claim, or controversy arising between Drivly and Driver, or relating to this Agreement or the services you provide (a “Dispute”), the parties shall first attempt to resolve the issue through good-faith negotiations. You shall reach out to Drivly’s Driver Support or Grievance Officer (see Contact section) to discuss and resolve any Dispute. Drivly shall make a good-faith effort to address your concerns promptly and fairly.
Arbitration: If a Dispute cannot be resolved within a reasonable time (not less than 30 days from when one party notifies the other of the issue in writing), dispute shall be referred to arbitration under the Arbitration and Conciliation Act, 1996 (Indian) to be adjudicated by a sole arbitrator to be appointed by Drivly. Arbitration shall be held in New Delhi. The arbitration shall be held exclusively under the aegis of the Delhi International Arbitration Centre (“DIAC”), New Delhi and rules and regulations framed by the DIAC. The fee schedule shall be as fixed by the DIAC, to the absolute exclusion of all other courts/ tribunals/ jurisdiction of any court of law in India. The courts of New Delhi, shall have the sole and exclusive jurisdiction for appointment of an Arbitrator. The venue of arbitration shall be New Delhi. The language of arbitration shall be English. The arbitrator's award shall be final and binding on the parties and shall be entered as a judgment in any court of competent jurisdiction. Each party shall bear its own costs of arbitration, and share the arbitrator’s fee equally, unless the arbitrator decides otherwise in the award.
Governing Law: This Agreement and any Dispute arising from it or from your provision of services shall be governed by and construed in accordance with the laws of India. However, your obligations to comply with local laws as a Driver remain subject to the laws of the jurisdiction in which you operate.
Jurisdiction and Venue: Subject to the above arbitration clause, for any matters that are permitted to be filed in a court of law (for example, if the arbitration clause is not enforceable in a particular case or for injunctive relief), the courts of New Delhi shall have exclusive jurisdiction. Both you and Drivly agree to submit to the personal jurisdiction of the courts located in New Delhi for any such court proceedings.
Class Action Waiver: To the fullest extent permitted by law, you and Drivly agree that any Dispute resolution proceedings (whether in arbitration or court) shall be conducted only on an individual basis and not in a class, consolidated, collective, or representative action. You hereby explicitly waive any right to participate in class action against Drivly. If this class action waiver is deemed unenforceable in a particular case, then the entirety of the arbitration clause (Section 13.2) shall be deemed void with respect to that case, and the Dispute must be brought in court, exclusively in the jurisdiction stated above.
Interim Relief: Nothing in this Agreement prevents either you or Drivly from seeking interim or injunctive relief in a court of competent jurisdiction to prevent an imminent or continuing breach of confidentiality or intellectual property rights. Such a request shall not be deemed incompatible with the agreement to arbitrate or as a waiver thereof.
General Provisions
Modifications and Amendments: Drivly reserves the right to modify or amend the terms of this Agreement and any of its exhibits or policies at any time. In case of any material changes, Drivly shall notify you by means of a notice within the Driver App, via email, or through other reasonable channels, providing you with the updated terms or a summary of key changes. Unless a different effective date is specified, changes shall become effective upon posting or notification to you. It shall be your responsibility to review any such modifications. If you continue to use the Drivly Platform or provide services after the effective date of the revised terms, such continued use constitutes your consent to the updated Agreement. If you do not agree with the changes, you must stop using the platform and shall terminate the Agreement as described in Section 12.2.
Entire Agreement: This Agreement, along with any additional written policies or guidelines provided to you by Drivly (such as the Privacy Policy, specific city addendums, or incentive program terms), constitutes the entire agreement between the parties with respect to its subject matter, and supersedes all prior or contemporaneous understandings or agreements, whether written or oral, regarding such subject. You acknowledge and agree that you are not relying on any representation, guaranty, or statement not expressly set forth in this Agreement.
Severability: If any provision of this Agreement is held to be invalid, illegal, or unenforceable by an arbitrator or court of competent jurisdiction, that provision shall be enforced to the maximum extent permissible, and the remaining provisions of the Agreement shall remain in full force and effect. The parties shall endeavor in good faith to replace any invalid or unenforceable provision with a valid one that is as close as possible to the original intent and economic effect.
No Waiver: The failure of either party to enforce any right or provision of this Agreement shall not constitute a waiver of future enforcement of that right or provision. Similarly, a waiver of any breach or default by either party shall not constitute a waiver of any subsequent breach or default. All waivers shall be explicit and in writing to be effective.
Force Majeure: Neither party shall be liable for any delay or failure in performance (except obligations to pay money) due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, acts of government, war, terrorism, labor disputes or strikes, electrical or network outages, epidemics or pandemics, or other similar events (“Force Majeure”). In such cases the affected party shall notify the other as soon as practicable, and performance shall be excused for the duration of the force majeure event. Drivly shall suspend services (including the Driver App) temporarily during such events and shall endeavor to resume normal operations as soon as feasible.
Assignment: You shall not assign or transfer this Agreement or any of your rights or obligations hereunder, in whole or in part, without prior written consent from Drivly. Any attempt to assign without consent shall be null and void. Drivly shall assign or transfer this Agreement or any rights/obligations, in whole or part, to (i) an affiliate or subsidiary, (ii) an acquirer of Drivly’s business or assets (for example, in a merger or acquisition), or (iii) any person or entity succeeding to Drivly’s business. Subject to the foregoing, this Agreement shall bind and inure to the benefit of the parties and their respective permitted successors and assigns.
Notices: Any notice or communication from Drivly to you regarding this Agreement shall be delivered by electronic means (such as email to the address associated with your driver Account, SMS, or in-app notification) or by written letter sent to your provided postal address. You consent to receive notices through such electronic means and agree that all terms, conditions, and communications provided electronically satisfy any legal requirement that such communications be in writing. Notices from you to Drivly (for example, regarding termination or legal disputes) shall be sent via email to [legal@drivly.com] AND via registered mail or courier to Drivly’s registered office at [Company Address] to ensure receipt. Either party shall update its notice contact information by giving notice to the other in accordance with this section.
Relationship of Parties: Nothing in this Agreement shall be deemed to constitute either party as the agent, representative, or employee of the other. You shall not have authority to enter into agreements or make commitments on Drivly’s behalf. You agree that Drivly does not control how you perform your independent services outside of what is necessary, to ensure service quality and safety via its Drivly Platform. Drivly’s drivers are not entitled to any benefits that Drivly provides to its employees (and Drivly’s employees have no obligations to drivers). You are solely responsible for your own expenses, insurance, and taxes as an independent contractor.
Grievances and Driver Support: Drivly is committed to addressing driver concerns fairly. If you have any grievances, complaints, or issues regarding your partnership, you shall contact the Driver Support or Grievance Officer designated by Drivly. (See the “Contact and Grievance” section below in this document for details.) Drivly shall attempt to respond to and resolve grievances within a reasonable time frame, in compliance with applicable regulations.
Language: This Agreement is drafted in the English language. If it is translated into any other language, the English text shall prevail in the event of any inconsistency. You confirm that you understand English or have had the opportunity to review and understand this Agreement in a language of your choice. If you need an official translation or clarification in another language, you shall request it from Drivly before accepting the terms of this Agreement.
Headings: Section headings and titles in this Agreement are for convenience only and shall not affect the interpretation of any provision.
By accepting the terms of this Agreement, you acknowledge that you have read this Agreement thoroughly and agree to all of the above provisions. You confirm that you fully understand the conditions and shall abide by them to maintain a successful partnership with Drivly.
Contact and Grievance:
For any questions regarding these terms or your partnership with Drivly, or to report any grievances, you shall reach out to:
Driver Support: support@drivly.com or +91-8220060403 (available 9:00 AM to 9:00 PM IST)
Grievance Officer: Mr. KARTHIKEYAN GNANAMANI, karthikeyan@kapexlend.com, Contact Number: +91 9363331520. (The Grievance Officer is available to address any driver concerns or disputes and shall respond within a reasonable time, generally within 30 days.)