Last Updated: June 18, 2025

Introduction: These terms and conditions (the “Terms”) shall constitute a legally binding and enforceable contract between the Customer and Zavika Fintech Private Ltd operating as Drivly (”Drivly,” “the Company,” “we,” or “us”) regarding your visit and use of the Drivly Platform (whether through a computer or a mobile phone), WhatsApp Booking service, booking driver or a taxi ride and other related services (“Services”). This document is an electronic record under applicable law (including the Information Technology Act, 2000 and relevant rules thereunder and the provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000) and does not require physical or digital signatures. By downloading or using the Drivly Platforms, accessing the Services, or by clicking “Accept” when prompted, you acknowledge that you have read, understood, and agreed/ consent to be bound by these Terms and such acceptance shall deem to be a voluntary engagement by the Customer. If you do not agree with the Terms, you must not use the Drivly Platform or avail Services.

These Terms expressly supersede prior agreements or arrangements with you. Drivly may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason. 

Note: These Terms apply to Customers using Drivly Platform to request for Services. The drivers or service providers partnered with Drivly shall be bound by separate terms and conditions which can be accessed (available on our website www.drivly.in / mobile app).

Your acceptance of these Terms shall also be deemed to include your consent to our Privacy Policy (available on our website www.drivly.in / mobile app), which is incorporated herein by reference. Please review these Terms carefully before using Drivly Platform or Services. 

1. Definitions

In these Terms, unless the context indicates otherwise, the following capitalized terms have the meanings given below:

1. Account: The user account created by a Customer on the Drivly Platform, which is required to access and use our Services.

2. Booking: A request made by a Customer for the provision of Services through the Drivly Platform,. A Booking is confirmed when Drivly notifies you of a driver assignment.

3. Cancellation Fee: A fee payable by the Customer that may be charged to a Customer upon cancellation of a confirmed Booking, as determined by Drivly’s cancellation policy (see Section 6 below).

4. Customer (also referred to as “you”/ "your"): An individual or entity that registers an Account and uses the Drivly Platform to request and receive Services. For the avoidance of doubt, Customers do not include drivers or service providers who deliver the Services.

5. Driver: The third-party service provider (chauffeur/driver) who accepts Bookings to provide driving or ride services to Customers. Drivers are independent third party contractors/ third party service providers with necessary permits and licenses required to provide driving or ride service in the Service Area. The Drivers are not employees of Drivly. 

6. Drivly Platform (or “Platform”): Collectively, our mobile application, website, WhatsApp interface, and any other technology platforms operated by Drivly through which Services are offered to Customers and as updated from time to time.

7. Fare (or “Service Fee”): The charges assessed for a completed Service provided to you, including base Booking Fee, usage-based charges (for time or distance), applicable taxes, and any additional fees (such as convenience fees or night surcharges) communicated to you. The Fare may be an estimated amount provided at Booking and subject to change based on actual usage or additional charges incurred.

8. Subscription Plan(s): Any membership or subscription program offered by Drivly that Customers may opt into for a recurring fee, which provides special benefits or discounted Services (e.g. monthly or annual plans offering reduced rates, priority booking, or waived cancellation fees). Each Subscription Plan is subject to applicable fees and terms as described on the Platform or in these Terms as may be amended from time to time by Drivly.

9. WhatsApp Booking: A method of requesting Services by communicating with Drivly through our official WhatsApp business account. A WhatsApp Booking is treated as a Booking under these Terms once confirmed by Drivly.

10. Vehicle: The automobile or other vehicle that will be used to provide the ride or be driven by the Driver during the Service. In cases where you request a Driver to operate your personal Vehicle, “Vehicle” refers to your vehicle. In cases of a ride service (if offered by Drivly), “Vehicle” refers to the vehicle provided by the Driver or service provider.

Any other capitalized terms used in these Terms shall have the meanings ascribed to them in the context of their usage or as defined elsewhere in this document.

2. Eligibility

1. Legal Capacity: You represent that you have attained 18 (eighteen) years of age and you are legally capable of entering into a binding contract under applicable law. If you are under 18 years of age, you may use the Services only under the supervision and with the consent of a parent or legal guardian. By using the Drivly Platform, you (or your parent/ guardian, as applicable) agree to these Terms. In such cases, your parent or guardian agrees to be bound by these Terms on your behalf and assumes full responsibility for your use of the Service, including any payments or obligations incurred.

2. Entities: If you are registering or using the Services on behalf of a company, organization, or other legal entity, you represent that you have the authority to bind that entity to these Terms, in which case the term “you” or “Customer” shall refer to both you as an individual and the entity you represent.

3. Appropriate Use: You may only use the Drivly Platform if you are not barred or otherwise legally prohibited from using the Services under the laws of your jurisdiction. You further warrant that you have not been previously suspended or removed from using similar services for misconduct.

4. Vehicle Ownership/Permission: If you request Services involving a Driver operating your personal Vehicle, you must either own the Vehicle or have all necessary permissions and authority to use the Vehicle and allow a Driver to operate it. The Vehicle must be a private, non-commercial vehicle that is roadworthy, duly registered, and insured as required by law. Commercial or unlawful use of the Services is not permitted.

5. Service Area: The Drivly Platform may only be used in the geographic areas where Drivly offers Services (“Service Area”). You acknowledge that the Services are currently available only within certain cities or regions. You should not attempt to use or access the Services outside of the Service Area or in locations where it is not supported.

3. Account Creation and Maintenance

1. Registration: To use Drivly as a Customer, you must create an Account by providing accurate and complete information, including your name, current mobile phone number, email address, and any other required registration details (”Registration Data”). You may need to verify your phone number or email via OTP (one-time password) or other verification methods. You agree to provide true, valid, accurate, current, and complete information during sign-up and to update your Registration Data promptly if it changes.

2. Account Security: You are solely responsible for maintaining the confidentiality of your Account login credentials (such as passwords or OTPs). You shall not share your Account with anyone else or allow others to access the Services through your Account. You are solely responsible for all activities that occur under your Account, whether initiated by you or any third party and you shall be liable for any loss that you may incur as a result of someone else using your Account either with or without Your knowledge.. If you suspect any unauthorized access or use of your Account, or any other security breach, you must notify Drivly immediately. Drivly shall not be liable for any loss or damage, whatsoever, arising from the unauthorized use of your Account.

3. Single Account: You are allowed to create and use only one Customer Account, unless expressly permitted by Drivly in writing (for example, if you have both personal and corporate accounts with proper authorization). Creating multiple accounts for the same person or impersonating someone else is strictly prohibited and can result in suspension or termination of all related accounts and Drivly shall not be responsible in any manner.

4. Accurate Information: You agree to keep your Account information or Registration Data up to date. Drivly relies on the information you provide, and shall not responsible if we cannot reach you or if Services are impacted due to outdated or incorrect information provided by you. We reserve the right to suspend or terminate your Account with immediate effect and for an indefinite period if we have a reason to believe or in case any information provided during registration or thereafter is found to be false, misleading, or fraudulent or that the security of your Account has been compromised in any way, or for any other reason We may find just or equitable.

5. Except for the Registration Data or any other data submitted by you during the use of any other service offered through Drivly Platform (“Submitted Information”), Drivly does not want you to, and you should not, send any confidential or proprietary information to Drivly unless otherwise is required by Applicable Laws. In accepting these Terms, You agree that any other information or materials that you or individuals acting on your behalf provide to Drivly other than the Submitted Information will not be considered confidential or proprietary.

6. Device Compatibility: It shall be your responsibility to use a compatible mobile device and operating system to access the Drivly Platform. You should download the official Drivly application from a trusted source (e.g., Google Play Store or Apple App Store) and shall keep it updated. Drivly is not liable if you are unable to use the Services because your device is incompatible, not updated, or if you downloaded or used an incorrect or unofficial version of the Drivly Platform. We reserve the right to terminate the Service and the use of the Drivly Platform should you be using the Service or Drivly Platform with an incompatible or unauthorized device.

7. No Transfer of Account: Your Account is for personal use to you. You may not transfer, sell, lease, or assign your Account or any rights to your Account to any third party. Drivly reserves the right to reject, suspend, or close accounts that are shared or used by multiple unrelated individuals, or that we suspect or have reasonable grounds to believe that your Account is being used in an unauthorized manner.

4. Booking Process

1. Requesting a Service: Once your Account is created, you should request Services through the Drivly Platform. This can be done by logging into the Drivly mobile app and inputting your trip details (such as pickup location, destination, date and time, and any special instructions), or by using our WhatsApp Booking service. When using WhatsApp Booking, you should communicate your request through Drivly’s official WhatsApp channel; you shall provide the necessary trip details through an automated chatbot or a Drivly representative. All Booking requests should contain true, valid, current, complete and accurate information.

2. By using the Drivly Platform or the Service, you further agree that: (i); you will not use an account that is subject to any rights of a person other than you without appropriate authorization; (ii) you will not use the Service or Drivly Platform for unlawful purposes; (iii) you will not try to harm the Service, Drivly Platform or our network in any way whatsoever; (iv) you will provide Drivly with such information and documents which Drivly may reasonably request; (v) you are aware that when requesting Services, standard messaging charges, data charges, voice charges, if any and as applicable, of the your and our phone network service providers, will apply; (vi) you will comply with all applicable laws of India country, state and/or city in which you are present while using the Drivly Platform or Service; and (vii) you are aware of and shall comply with the Information Technology Act, 2000 and the rules, regulations and guidelines notified thereunder.

3. Booking Confirmation: After you submit a Booking request, Drivly shall procure reasonable efforts to bring you into contact with a Driver, subject to the availability of Driver in or around your location at the moment of your request for such services. A Booking is confirmed only when Drivly sends you a confirmation through a platform (for example, via in-app notification, WhatsApp message, or SMS/email) with the details of the Driver or vehicle (such as Driver’s name, phone number, vehicle identification, and the confirmed pickup time and location). You shall bear the consequences and damages for any delay that may be caused to you due to your failure to check the confirmation message via the application, SMS or email or failure to inform Ola of the incorrect details immediately. Drivly reserves the right to decline or cancel any Booking request if no Driver is available or for any other operational reason. You are responsible for reviewing the Booking details upon confirmation and informing us immediately (via our support contact or WhatsApp) if any details are incorrect. 

4. Driver Arrival and Identification: For safety and verification, you should verify the Driver’s identity (through the name/photo and vehicle details provided) when the Driver arrives. The Driver may ask you for a code or OTP provided by the Platform to start the trip (as a security measure). You agree to not allow the trip to begin until you have verified the Driver’s identity and provided any required start code.

5. Customer Responsibilities During Service: You should be present (or at the designated pickup point) at the agreed pickup time. If you requested a Driver to drive your own Vehicle, you must hand over the Vehicle in a safe, legally-compliant condition with adequate fuel and all necessary documents (registration, insurance, pollution certificate, etc.) available. You should also carry your own identification and any documents that may be required (e.g., proof of vehicle ownership or permission). You are expected to remain with your Vehicle during the service unless otherwise agreed or necessary (for example, you may ride along or follow the Driver in another vehicle). You must not leave the Vehicle unattended with the Driver for extended periods; Drivly shall not be responsible for any consequences, in whatsoever manner, and shall not be liable for any damages or loss to you, if you choose to send your Vehicle alone with the Driver without your presence or permission.

6. Changes and Delays: If you need to make changes to your Booking (such as changing the pickup time or location, or adding stops), you should do so through the Drivly Platform or by contacting Drivly customer support at the earliest. Last-minute changes are subject to Driver’s availability and may affect your Fare or incur additional charges. In the event of delays from your side (for example, if you are late to the pickup location), the Driver is generally expected to wait for a reasonable period (as per Drivly’s policy, e.g., a few minutes of grace period). After the grace period, waiting charges may apply, or the Driver may mark the Booking as a no-show and leave, in which case a Cancellation Fee may be charged to you (see Section 6).

7. Driver Cancellation or No-Show: If a Driver cancels the Booking or fails to arrive at the pickup location within a reasonable time of the scheduled pickup (and you have not caused the delay), you may contact Drivly to either arrange an alternative Driver (if available) or cancel the Booking without any Cancellation Fee. Drivly will notify you as soon as possible if your assigned Driver cancels and may provide options such as re-booking with another Driver. Drivly shall not be liable for any losses or inconvenience caused to you due to Driver unavailability, but we will make reasonable efforts to assist in such situations.

8. Conduct of Service: The Service will be conducted as per the details of the Booking. If the Booking involves your own Vehicle, the Driver shall operate your Vehicle as per your instructions and the scope of the Booking (e.g., drive to a specified destination or for a specified duration). You acknowledge that Drivly shall not be responsible for any such instruction provided by you to the Drive whether Drivly it was in Drivly’s knowledge or not. If the Service is a ride in a Driver’s Vehicle, the Driver shall take you to the specified destination. You should not request the Driver to deviate from the agreed scope without updating the Booking (with additional charges as it may apply for such deviations or extra time). The Driver is required to follow all traffic and safety rules and laws. If at any point, you feel unsafe or have issues during the trip, you will be responsible to inform Drivly via the in-app emergency feature or contact us immediately.

9. Completion of Service: A Booking is deemed to be completed when the Driver has fulfilled the requested service (for example, upon reaching the destination or the end time of hire) and has ended the trip in the Drivly’s system. At completion, the final Fare will be calculated (see Section 5 on Payment). You understand and accept that the Fare, including the applicable taxes, shall be payable by you immediately upon completion of the Booking. Any difference arising at the end of the ride from the estimate shall be payable by you immediately upon completion of the Booking. You may receive a summary of the Fare via the app or WhatsApp. We encourage you to rate the Driver and provide feedback after each completed service to help us maintain quality.

5. Payment and Subscription

1. Payment Terms

1. Fare and Charges: You understand and agree to pay the Fare for each completed Booking, as well as any other applicable charges incurred during your use of the Services. The Fare payable by you is final and non- refundable, unless otherwise determined by Drivly. Drivly shall provide an estimated Fare at the time of Booking (based on expected distance, duration, etc.), but the final Fare may vary if the actual trip parameters differ (for example, longer distance or time due to route changes, additional waiting time, extra stops, tolls, parking fees, or other applicable surcharges). The Fare and any additional fees will be displayed to you via the app or communicated through WhatsApp at the completion of the ride. All fares and fees are in the local currency (e.g., Indian Rupees (INR) for services in India) and inclusive of applicable taxes unless stated otherwise.

2. Payment Methods: Drivly supports various payment methods for your convenience. These include cash payment directly to the Driver (for the Driver’s portion of the Fare), and cashless options such as credit card, debit card, mobile wallets, UPI, net banking, or Drivly credit balance, for paying the Fare or applicable fees through the mobile application. The available payment methods will be displayed to you at the time of Booking or before completion of the ride. You may be required to select a preferred payment method (e.g., “Cash,” “Credit Card ending ****1234,” etc.) before confirming the Booking. If you choose a digital payment method, you authorize Drivly or its authorized payment processor to charge the Fare and fees to your selected payment instrument upon completion of the Service. If you choose to pay by cash, you agree to pay the Driver the required amount as prompted at the end of the Service (which may include the Driver’s fee plus any applicable Drivly fees, if instructed).

3. Wallet and Credit Balance: Drivly may, at its sole discretion, offer a wallet or credit balance feature to allow Customers to pre-load funds or receive promotional credits (“Wallet Balance”). If you have an active promotional credits/wallet balance in your Account, those may be applied towards the payment of eligible Fares as per the terms of the specific plan or promotion. Drivly shall inform you if a portion of your Fare is covered by the Wallet Balance or credit balances. You are solely responsible for any remaining balance. Wallet balances or credits issued by Drivly are non-transferable and may only be used on the Drivly Platform; they are not redeemable for cash (except as required by law). Further inactive wallets (no transaction for 12 months) may be suspended or deactivated. Promotional credits have a validity period and may expire if not used. You are solely responsible for monitoring your wallet activity. For any issues or disputes, please contact customer support.

4. Receipts and Invoices: After each completed Booking, Drivly shall provide you with a receipt or summary of charges, accessible via the app, email, or WhatsApp. This receipt will contained break down of the Fare, including any base fare, distance/time charges, additional fees (e.g., tolls, waiting time, taxes), subscription discounts applied (if any), and the total amount paid or due to be paid by you. If you require a formal tax invoice, or separate invoices for portions of the Fare (for example, if part of the Fare is paid to the Driver and part to Drivly as a service fee), you may request to Drivly’s customer support for the same. We shall procure reasonable efforts to provide you with such documentation if required by applicable tax laws.

5. Late or Failed Payments: In the event. any payments that you owe does not go through/ or is not completed (for example, a card charge is declined or you fail to pay cash to the Driver), Drivly reserves the right to suspend your Account until the amount is recovered. We shall contact you to arrange an alternate payment immediately. If you dispute any charge, you must contact us within a reasonable time. Drivly reserves the right to use any lawful means to recover unpaid amounts, including using debt collection services or legal action, and you may be responsible for any costs of collection in addition to the original amounts due.

6. Tolls and Additional Charges: Certain additional charges such as road tolls, state entry taxes, parking fees, or any other fees incurred during the ride (collectively, “Additional Charges”) may not be included in the estimated Fare. You are solely responsible for paying these Additional Charges as they arise, either directly (e.g., paying cash at a toll plaza) or by reimbursing the Driver if they paid on your behalf. If the Additional Charges are paid through the Drivly app (when possible), they will be added to your final Fare which shall be payable by you upon completion of the Booking.

7. Refunds and Adjustments: Overpayments or incorrect charges, if verified and determined by Drivly, shall be refunded or adjusted for you. Any refunds for digital payments will be processed to the same payment method (or as Drivly credit) within a reasonable time frame. For details on cancellations and related refunds, see Section 6.

2. Subscription Plans

1. Enrollment and Fees: : Drivly may, at its sole discretion, offer Subscription Plans that Customers can voluntarily enroll in. The Subscription Plans can be monthly, quarterly, annual, or as otherwise offered, and require payment of a subscription fee (charged upfront or on a recurring basis) by Drivly. The specific benefits, duration, and fee of a Subscription Plan shall be communicated at the time of enrollment. By subscribing to Subscription Plans, you authorize Drivly to charge the subscription fee to your selected payment method at the stated intervals (e.g., each month or year) until you opt to cancel the Subscription Plan.

2. Benefits: Subscription Plans may offer benefits such as discounted Fares, a certain number of service hours or rides included, waiver of Cancellation Fees up to a limit, priority customer support, or other promotions exclusive to subscribers as prescribed by Drivly These benefits can be terminated by Drivly at any point in time and shall not be liable for any losses of damage to you, in whatsoever manner. The exact benefits depend on the plan and are subject to change as described in the plan details. Benefits have no cash value (unless expressly stated) and are not transferable to non-subscribers. They are intended for personal use under your Account only.

3. Auto-Renewal and Cancellation: Unless specified otherwise, Subscription Plan shall automatically renew at the end of each subscription period (billing cycle). You can cancel the auto-renewal at any time by going to your Account settings in the app or by contacting Drivly customer support. If you cancel the Subscription Plan, the cancellation shall take effect from the next billing cycle and  you shall continue to have access to subscription benefits until the end of the subscription period you already paid for. You understand and agree that subscription fees already paid are non-refundable (for example, if you cancel mid-month, you shall not receive a refund for the remainder of that month, unless required by law or explicitly allowed by a particular promotion). Drivly, in its sole discretion,  in exceptional, may offer pro-rated refunds in certain cases (such as if benefits cannot be delivered due to our service changes).

4. Changes to Subscription Plans: Drivly reserves the right to modify the fees or benefits of Subscription Plans, or to discontinue a Subscription Plan entirely at any point in time. Any increase in subscription fee or material reduction in benefits will be communicated to you in advance (for example, via email or in-app notification) or in any other manner that Drivly may deemed to be fit, and will apply only from your next renewal. If you do not agree to such changes, you may choose to cancel the Subscription Plan before the new terms take effect. You agree and acknowledge that you continuing with the Subscription Plan after changes are effective, shall constitute your acceptance of the revised Subscription Plan terms.

5. Misuse of Subscription: Subscription Plan benefits are offered to enhance your experience. In case of any abuse of the Subscription Plan (such as sharing subscription benefits with others, creating multiple accounts to avail offers, or any fraudulent activity), Drivly reserves the right terminate of your Subscription Plan and your Account, with no refund. Drivly also reserves the right to terminate subscriptions (with notice and refund of any unused portion, if applicable) for misuse or if the Subscription Program is discontinued.

6. Inactive Account / Subscription Handling: If you do not use your Subscription Plan or Drivly Account for a continuous period of 12 months, we reserve the right to mark your Account as inactive. In such cases:

1. Promotional credits or subscription benefits may expire or be forfeited.

2. You may be required to re-verify your identity to reactivate the Account.

6. Cancellations and Refunds

1. Customer Cancellation: You agree and acknowledge that you may cancel a Booking at any time through the Drivly mobile application or via the same channel used to book (e.g., sending a cancellation request on WhatsApp). However, the following conditions shall apply:

1. If a Booking cancellation is within the grace period after confirmation (for example, within a few minutes of placing the request, or a specified minimum time before the scheduled start time for advance bookings), you may not be charged any Cancellation Fee.

2. If Booking cancellation is after the grace period or when a Driver is already en route or has arrived at the pickup location, Drivly reserves the right to charge a Cancellation Fee. You acknowledge and agree that the Cancellation Fee is for the purpose of compensating the Driver and/or Drivly Platform for time and opportunity cost. The amount of the Cancellation Fee (and the conditions under which it is charged) shall be indicated in the mobile application /Booking confirmation or in a policy made available to you.  Such fee may correspond to a minimum Fare or a fixed charge.

3. Repeated last-minute cancellations or no-shows may lead to additional penalties or suspension of your Account.

4. The Cancellation Fee shall be payable by you immediately upon levy.

2. Driver Cancellation / Service Unavailability: If the Driver cancels the Booking or fails to show up, or if Drivly is unable to fulfill your Booking for any reason (e.g., no Driver available), you will not be charged any Cancellation Fee. If you had pre-paid any amount, such amount will be refunded to you in the same payment source. Drivly shall take best efforts to inform you at the earliest and may assist in rebooking, if possible. However, Drivly is not liable for any inconvenience or loss to you due to a Driver cancellation or no-show, beyond refunding any payment you made for that Booking.

3. No-Show by Customer: If the Driver arrives on time at the pickup location and you are not present or reachable, the Driver shall attempt to contact you via the phone number provided by you. If you do not show up or there is no response within a stipulated waiting period (as per Drivly policy, e.g., 10–15 minutes, which may be shorter for on-demand bookings), the Driver may mark the Booking as a “No-Show”. In such case, the Booking will be treated as cancelled by you, and a Cancellation Fee may be applied and payable by you. In such cases, there shall be no refund of the Cancellation Fee. The Driver shall be free to leave and will have no further responsibility/ duty towards you. Drivly shall notify you of the no-show cancellation and any applicable fee on the Drivly Platform.

4. Refunds for Cancellation: If you pre-paid any amounts for a Service that gets cancelled, the following refund rules apply:

1. If the cancellation of Booking was not accompanied by a Cancellation Fee (e.g., you cancelled within the free period, or the Driver cancelled on you), you shall receive a full refund of any amounts paid. If you paid amounts by card/online, the refund will be processed back to the same method (or as credit to your Drivly Wallet, if applicable) within a reasonable timeframe. If you used Drivly credits or a promo code, those may be reinstated according to the promotion terms.

2. If a Cancellation Fee applies, and you had pre-paid an amount exceeding the Cancellation Fee, a refund of the balance (after deducting the Cancellation Fee) will be processed. If the pre-paid amount was less than or equal to the Cancellation Fee, no additional refund will be due to be paid by Drivly, and any shortfall in the cancellation fee shall be charged to your Account and will become payable by you immediately.

3. Subscription Plan members: If your Subscription Plan includes benefits such as free or reduced-cost cancellations, Drivly shall apply those benefits first. Only cancellations beyond your Subscription Plan’s limits will incur the standard Cancellation Fee.

5. Interruption or Early Termination of Service: If a service is started but cannot be completed due to reasons beyond your control (for example, the Driver has a vehicle issue or a personal emergency and cannot continue, or your Vehicle breaks down during a driver service), it shall be your responsibility to immediately contact Drivly. We shall make reasonable efforts to either send a replacement Driver/vehicle or adjust the charges for the incomplete portion. You shall only be charged pro-rata for the portion of service provided, or be refunded accordingly if you had pre-paid. If the interruption is due to something within your control or related to your Vehicle’s condition (for instance, your car breaks down due to poor maintenance), you shall be solely responsible for the Fare up to that point and/or any costs thereafter (e.g., towing, repairs) as per Section 7 and 8, and no refund of the partial service will apply.

6. Refund Requests and Disputes: If you believe you were incorrectly charged or are entitled to a refund that you did not automatically receive, you must contact Drivly customer support within a reasonable time (for example, within 7 days of the ride or of noticing the issue). You shall provide details of the Booking and the issue. Drivly shall take best efforts to investigate the matter and, if a charge was made in error or a refund is due, Drivly shall process the appropriate refund or adjustment. All the decisions on refunds are at Drivly’s discretion, subject to applicable law. All refunds, once approved, will be processed as soon as possible, however, the refund may take several business days for the amount to reflect back in your account depending on banking channels.

7. Chargebacks: Initiating a chargeback with your bank for a valid charge under these Terms is considered a violation of your payment obligations. You agree that if you dispute a charge, You shall contact Drivly first to resolve the issue. Unwarranted chargebacks after using the Service may lead to suspension of your Account and legal proceedings for recovery, if necessary, by Drivly.

7. Customer Conduct and Obligations

You agree to conduct yourself in a lawful, courteous, and responsible manner when using the Drivly Platform and Services. The following obligations and code of conduct apply to all Customers:

1. Compliance with Law: You shall comply with all applicable laws and regulations while using the Services and Drivly Platform. You shall not use the Drivly Platform or request any Service for any unlawful or fraudulent purpose, or to transport illegal or hazardous materials. You further agree not to solicit Drivers to break any traffic or safety laws, and you shall wear appropriate safety restraints (e.g., seatbelts) as required by law during each ride.

2. Personal Conduct: You shall treat Drivers and any Drivly personnel or agents or any other person affiliated to Drivly with respect and courtesy. Harassment, abuse, violence, inappropriate or sexual behavior, discrimination (on the basis of race, religion, gender, etc.), or any form of misconduct towards Drivers or Drivly staff is strictly prohibited. Drivly reserves the right to immediately terminate Services and/or your Account for such misconduct and, if necessary, involve law enforcement.

3. Vehicle Condition and Use: If you are engaging a Driver to drive your own Vehicle, you shall be solely responsible for ensuring that the Vehicle is in good working condition, has all necessary safety and emergency equipment, and is adequately fueled. Your Vehicle shall have a valid registration, insurance policy, and any required permits or certifications. You acknowledge and agree that the Driver may refuse to operate a Vehicle that appears to be unsafe or illegal (for example, lacking functioning brakes or lights, or expired registration), and such refusal may result in the cancellation of the Booking (potentially with a Cancellation Fee if the situation arose from your negligence). During the Service, you authorize the Driver to operate your Vehicle and make decisions on your behalf as needed for safe driving (for example, route decisions or emergency maneuvers), but you remain the owner/person in charge of the Vehicle.

4. No Unauthorized Riders or Drivers: Only the assigned Drivly Driver is authorized to provide the Service for your Booking. You shall not substitute or insist on using a different driver who is not provided through the Drivly Platform. Similarly, if you requested a ride in a Driver’s Vehicle, you shall not bring additional passengers beyond what was agreed or allowed (e.g., do not overfill the car beyond its seating capacity) without the Driver’s consent and updating the Booking if needed. You shall also not allow any unregistered person to join/ share the ride or take over driving at any point.

5. No Tampering or Misuse: You shall not tamper with or misuse the Drivly Platform, systems, or any equipment in a Driver’s Vehicle. This includes not attempting to reverse-engineer the Platform, not interfering with GPS or other tracking devices, and not damaging or vandalizing a Driver’s Vehicle or your own Vehicle during Service. If you intentionally damage property (the Vehicle or any device), you shall be liable for the cost of repair or replacement, and potentially additional claims.

6. Health and Safety: You shall not use the Services if you have a condition or intend to engage in conduct that would pose a threat to health and safety (for example, if you are severely ill with a contagious disease, or if you plan to carry a weapon or hazardous substances without proper authorization). You agree not to smoke or consume alcohol or narcotics in the Vehicle during the Service if it is against the Driver’s or Vehicle owner’s preference or if it violates any law (note: many jurisdictions prohibit alcohol consumption in vehicles). If in the opinion of the Driver, you appear to be intoxicated or otherwise unfit, the Driver has the right to refuse or terminate the Service for safety reasons, and you agree that you shall be charged a Cancellation Fee.

7. Staying with the Vehicle: For driver-for-hire Services involving your own Vehicle, you are expected to remain with your Vehicle. You acknowledge and agree that if you choose to send the Vehicle with the Driver alone (for instance, to relocate your car from point A to B while you are not present), you do so at your own risk. Drivly and the Driver shall not be responsible for any loss or misuse of the Vehicle in your absence. You shall ensure that someone is available to receive the Vehicle at the destination if you are not traveling with it. Drivly does not encourage leaving a vehicle unattended with a Driver, and any such arrangement is solely between you and the Driver at your risk and Drivly shall have no responsibility whatso ever, whether it was in Drivly’s knowledge or not.

8. Prohibition on Solicitation: You agree that you shall not solicit Drivers for independent engagements outside of the Drivly Platform during or after the provision of Services. The Drivly Platform and its network of Drivers are provided for your personal use according to these Terms, and circumventing the Platform to directly arrange services with Drivers (in order to avoid platform fees or otherwise) is a violation of these Terms. Similarly, you shall not share personal contact information with Drivers for the purpose of arranging off-platform services. You understand and agree that violation of this clause may result in termination of your Account by Drivly.

9. Accurate Feedback: If prompted to provide a rating or review of a Driver or the Services, you agree to provide fair and factual feedback. You shall not use the feedback system to defame, harass, or falsely accuse the Driver. Drivly may moderate or remove feedback that violates our policies, laws or is offensive, false, defamatory, obscene, abusive, violates laws or third-party rights or contains personal or sensitive information. Your reviews should reflect your genuine experience. Drivly is not liable for any content posted by users but reserves the right to take action against misuse.

10. Responsibility for Personal Belongings: You shall be responsible for your own belongings during the Service. You shall check your Vehicle or the Driver’s Vehicle before the Driver leaves for any personal items. Drivly and Drivers are not liable for loss or theft of items you leave behind. If you realize you lost an item, you may contact Drivly immediately, and we shall take best efforts to assist you by contacting the Driver, however, we cannot guarantee the recovery.

11. Cooperation in Emergencies: In case of an accident or any emergency during the Service, you are expected to cooperate with the Driver and, if needed, with authorities. This includes providing necessary information, contacting emergency services if required, and following safety instructions. If your Vehicle is involved, you shall be solely responsible for subsequent steps like insurance claims, etc. (see Section 8).

12. Indemnity for Misconduct: You agree that if your action or inaction (including violation of any of the above conduct rules or other provisions of these Terms) causes any damage, loss, or legal liability to Drivly, the Driver, or any other party, you shall be solely responsible for all costs and consequences. You agree to indemnify and hold Drivly harmless from any claims, losses, or expenses arising out of your breach of this Section 7 or any other part of these Terms (see also Section 8 on Liability and Indemnification).

8. Liability and Disclaimers

1. Service Provided “As Is”: Drivly provides the Platform and Services on an “as is” and “as available” basis, without any warranties or guarantees of any kind, except as explicitly set forth in these Terms. While we aim to offer the best possible experience, we do not warrant that the Services or Platform will be uninterrupted, error-free, or always available, nor do we guarantee the quality, suitability, or reliability of any rides, Drivers, or Vehicles. You acknowledge and agree that transportation services inherently carry risks, and Drivly does not guarantee any condition not expressly stated in these Terms.

2. Third-Party Services: You acknowledge and agree that Drivly acts as a technology intermediary connecting Customers with independent third-party Drivers (and possibly other service providers). Drivers are not employees or agents of Drivly; they are independent contractors who operate either their own Vehicles or the Customer’s Vehicles. Drivly does not guarantee and is not liable for the behavior, performance, or actions of any Driver beyond a reasonable screening and onboarding process. Any contract for transportation or Driver services is ultimately between you and the Driver. Drivly is not responsible for personal injury, property damage, or any incident that may occur during the Service, except to the extent that such liability is mandated by law and cannot be contractually limited. However, Drivly will reasonably assist you in addressing any complaints or issues with a Driver (for example, through our customer support or insurance claim assistance, if applicable).

3. No Warranty: To the fullest extent permitted by law, Drivly disclaims all representations and warranties, express, implied or statutory, not expressly set out in these Terms, including any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Additionally, Drivly makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, safety, or availability of the Platform or Services, or that the Services will be uninterrupted or error-free.

4. Limitation of Liability: Drivly provides the Platform and Services on an “as-is” and “as-available” basis. To the maximum extent permitted under applicable law, Drivly (and its affiliated companies, directors, officers, employees, and agents) shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or any loss of profits, revenue, data, goodwill, or other intangibles, arising out of or related to your use of the Services or the Platform, even if we have been advised of the possibility of such damages. 

5. Drivly is not responsible for any loss, damage, or injury arising from:

1. Driver misconduct or negligence.

2. Issues with your Vehicle, including breakdowns, accidents, or regulatory violations.

3. Any unauthorized third-party use of your Account or information.

4. Force majeure events beyond our control (e.g., natural disasters, strikes, power failures).

6. In no event shall Drivly’s total liability to you in connection with any claim arising from the Services or these Terms, whether in contract, tort (including negligence), or otherwise, shall not exceed the amount of fees actually paid by you for the specific Service in question, or INR 1000 (Indian Rupees One Thousand only) if the claim does not relate to a specific ride, whichever is higher. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of these limitations may not apply to you to the extent prohibited by law.

7. The information, recommendations and/or Services provided to you on or through the Platform or Drivly support customer center are for general information purposes only and do not constitute advice. 

8. Drivly shall not be liable for you missing trains/flights/events or delays etc. as the Service is dependent on many factors not in Drivly’s control. You must have a Booking after taking into account the check-in time, traffic and weather conditions, political rallies, natural calamities, traffic barricades, car breakdowns and other unexpected delays.

9. Customer’s Vehicle and Insurance: If you use Drivly to have a Driver operate your personal Vehicle, you acknowledge and agree that Drivly is not responsible for the condition of your Vehicle or any damage that occurs to it during the Service, except where the damage is directly caused by a grossly negligent act or willful misconduct of the Driver. You are required to have a valid insurance policy for your Vehicle as per legal requirements. In the event of an accident or damage while a Driver is operating your Vehicle, you agree that you (and your insurance) will address any claims or repairs. Drivly shall facilitate communication with the Driver or provide relevant details needed for an insurance claim, but Drivly shall not be responsible to pay for repairs or losses to your Vehicle, except if a separate protection plan (like an insurance coverage offered by Drivly) applies as explicitly communicated. Other than in cases of a Driver’s personal criminal liability (e.g., intoxicated driving by the Driver, in which case the Driver might be held individually liable under law), you shall be solely responsible for all consequences arising from the use of your Vehicle by a Driver. You acknowledge and agree that Drivly’s role is limited to connecting you with the Driver and is not an insurer or guarantor of the condition of your Vehicle.

10. Indemnification: You agree to defend, indemnify, and hold harmless Drivly and its officers, directors, employees, and agents from and against any and all claims, demands, suits, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of the Services or the Drivly Platform (other than as permitted under these Terms); (b) your breach or violation of any of these Terms or any applicable law or regulation; (c) your violation of the rights of any third party (including Drivers, other passengers, or the general public) in connection with your use of the Services; or (d) any injury, damage, or loss caused by your negligence or misconduct (for example, providing an unsafe Vehicle, or harassment of a Driver). Drivly reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (at your expense), in which event you will cooperate with Drivly in asserting any available defenses.

11. Release: To the extent permitted by law, you release Drivly from any and all liability or claims you may have against Drivly (and its affiliates and personnel) that are not expressly assumed in these Terms, for example, including but not limited to to the conduct of Drivers or the condition of any Vehicle. If you have a dispute with one or more Drivers or other third parties arising from your use of the Services, you release Drivly from all claims, demands, and damages of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

12. Applicability: Nothing in this Section 8 is intended to limit any rights you may have as a consumer under applicable law that cannot be waived by contract. If any warranties or liabilities are legally required, and cannot be disclaimed or limited, then nothing in these Terms shall be construed to disclaim or limit them; in such cases, the relevant provisions of these Terms shall be interpreted to give maximum effect to the intended disclaimers and limitations, to the extent permitted by law.

9. Data Privacy and Personal Data

1. Collection and Use of Data: In order to provide the Services, Drivly will collect, use, and store certain personal information and data about you. This may include your name, contact details, location information (for pickups and during rides), transaction history (bookings and payments), and any other information you provide or that is generated through your use of the Platform (collectively, “Customer Data”). You consent to Drivly collecting and processing this data for the purpose of providing you the Services, improving our Platform, ensuring safety, processing payments, sending communications, and for other lawful purposes in accordance with our Privacy Policy.

2. Drivly will be entitled to process and transfer your information as and when it deems fit and it may store or transfer your information in a server outside India or the country where you are located in order to perform Drivly’s obligations under these Terms.

3. Sharing with Drivers and Third Parties: You acknowledge and agree that certain information must be shared with Drivers to fulfill your requests (for example, your first name, pickup and drop-off location, and phone number may be shared with the Driver assigned to your trip). Drivly may also share your information with third-party service providers who perform services on our behalf, such as payment processors, customer support tools, analytics providers, or communication services (SMS/WhatsApp providers), solely for them to deliver their services to Drivly. All such third parties are expected to adhere to appropriate data protection standards. You agree to grant Drivly a non-exclusive, worldwide, perpetual, irrevocable, royalty free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights you have in your information, in any media now known or not currently known, with respect to your information. You agree and permit Drivly to share your information and/or permitted information, with third parties.

4. WhatsApp and Communication Data: You agree that if you use the WhatsApp Booking feature or otherwise communicate with Drivly through WhatsApp or similar messaging platforms, you consent to Drivly and its service providers processing your communications. This may include storing the conversation, using automated systems to parse booking details, and sending you messages (including confirmations, updates, and promotional content as allowed). WhatsApp is a third-party platform (owned by Meta/Facebook); your use of WhatsApp also signifies agreement to WhatsApp’s own terms and privacy practices. Drivly is not responsible for data collected by WhatsApp itself; however, any personal data that Drivly obtains through our WhatsApp interactions will be treated in accordance with Drivly’s Privacy Policy and these Terms.

5. Data Security: Drivly implements reasonable security measures to protect your personal data against unauthorized access, alteration, disclosure, or destruction. However, you understand that no method of transmission over the internet or electronic storage is completely secure, and we cannot guarantee absolute security. You are solely responsible for safeguarding the credentials to your Account; Drivly will not be liable for any compromise or unauthorized access due to your failure to protect your login information.

6. Privacy Policy: Additional details about how we collect, use, store, and protect your personal data, as well as your rights regarding your data, are provided in our Privacy Policy (available on our website/app). The Privacy Policy is hereby incorporated into these Terms by reference. In the event of any inconsistency between these Terms and the Privacy Policy regarding data matters, the Privacy Policy will govern for those matters.

7. Data Retention: You agree that Drivly will retain your personal data for as long as necessary to fulfill the purposes for which it was collected, including any legal, accounting, or reporting requirements. If you terminate your Account, we may continue to retain certain data as required by law or for legitimate business purposes (such as handling disputes or enforcing these Terms), but we will do so in compliance with applicable data protection laws.

8. Consent and Communication: By providing information to Drivly, you consent to the collection and use of the information you disclose on the Platform in accordance with this Section 9 and the Privacy Policy. You also consent to receiving communications from Drivly regarding your Account and use of the Services (see Section 10 below). If you wish to withdraw consent for certain data processing, you shall contact Drivly. Note that some data is essential for providing the Services, and withdrawing consent for those uses may require closing your Account.

10. Promotions and Communications

1. Service Communications: By creating an Account and using the Services, you agree that Drivly may send you informational and transactional communications. These include, for example, Booking confirmations, updates or changes to your rides, payment receipts, Account alerts (like verification codes or security notices), and customer support messages. These communications may be via in-app notifications, email, SMS, WhatsApp, or phone calls, and are necessary for the proper functioning of the Services. You cannot opt out of receiving transactional communications that are essential to your use of the Service (except by discontinuing use of the Service entirely).

2. Promotional Communications: Drivly may also send you promotional communications to inform you about new services, features, discounts, referral programs, surveys, or special offers that may be of interest to you. These communications could be sent via email, SMS, WhatsApp, push notifications, or other channels you provide. By agreeing to these Terms and creating an Account, you give Drivly consent to send you such promotional messages. If at any time you wish to opt out of non-transactional (promotional) communications, you may do so by: (a) using the “unsubscribe” link in promotional emails, (b) replying with an opt-out keyword (like “STOP”) to promotional SMS/WhatsApp messages as instructed, or (c) adjusting your notification settings in the app (if available) or contacting customer support. Please note that it may take a short period to process opt-out requests, and you may still receive messages already in transit.

3. WhatsApp Opt-In: Specifically, if you initiate a conversation or Booking through WhatsApp, you are opting in to receive communications on WhatsApp. This may include automated messages for booking confirmations, live ride updates (such as Driver location or arrival notifications), and customer support chats. Standard data rates or messaging fees from your mobile provider may apply for WhatsApp messages, for which you are responsible.

4. Promotional Codes and Offers: Drivly may provide or advertise promotional codes, referral bonuses, or other offers (”Promotions”) that offer discounts or credits toward Services. All Promotions are subject to specific terms and conditions which will be stated at the time of the offer (for example, validity period, eligible cities or services, and any usage limits). Generally, Promotions:

1. must be used in a lawful manner for the intended audience and purpose;

2. are not redeemable for cash and are non-transferable;

3. can be limited to one-time use per user or per Account;

4. may be invalidated or revoked by Drivly at any time if we suspect fraud, misuse, or violation of the promotional terms or these Terms.

5. If you attempt to redeem a promotional code or offer that does not meet the applicable conditions or has expired, the discount may not apply and you will be charged the full amount. If a Promotion is applied and later determined to be ineligible due to a breach of its terms, Drivly reserves the right to charge you the amount that was discounted or credited improperly.

6. Surveys and Feedback: From time to time, we may invite you to participate in user surveys or to provide feedback regarding your experience. Participation is optional. If you do participate, any feedback, suggestions or submissions you provide may be used by Drivly to improve our services or for marketing purposes, without any obligation to compensate you. (Also see Section 11 regarding intellectual property rights to user feedback.)

7. No Spam: We shall not send you spam or irrelevant communications, and we strive to comply with applicable communications regulations. Our communications will be in line with user consents and preferences as described above. If you believe you have received unsolicited communications from us in error, you shall contact our customer support so that we can investigate by taking reasonable steps. However, messages that are part of our defined communications (transactional or opted-in promotional) will not be considered unsolicited.

8. Third-Party Communications: Drivly will not share your personal contact information with unaffiliated third parties for their own marketing purposes without your explicit consent. If any promotional content from Drivly involves third-party partnerships (for example, a discount for a service provided by a partner), those communications will still come from Drivly on behalf of the partner. Your interactions with third-party promotions are solely between you and that third party, and subject to their terms.

11. Intellectual Property

1. Ownership: Drivly (and/or its licensors) alone retains all right, title, and interest in and to the Drivly Platform and all content and materials related to it. This includes all software, computer code, databases, designs, text, images, graphics, interfaces, logos, Platform, trademarks, service marks, brand names, audio or video content, and other intellectual property (“Intellectual Property”). Nothing in these Terms shall be construed as transferring or assigning any ownership of the Intellectual Property to you or any third party. The “Drivly” name and logo are trademarks of the Company, and any unauthorized use of these trademarks is strictly prohibited.

2. License to Use: Subject to your compliance with these Terms, Drivly grants you a limited, personal, revocable, non-exclusive, non-transferable license to install and use the Drivly mobile application on your device and to access the Platform and Services solely for your personal, lawful, non-commercial use. This license is for the sole purpose of enabling you to use and enjoy the Services as provided by Drivly through Drivly Platform, in the manner permitted by these Terms. No licenses or rights are granted to you by implication or otherwise except for the licenses and rights expressly granted herein.

3. Restrictions: You shall not, and shall not allow anyone else to, directly or indirectly: (a) copy, modify, distribute, sell, or lease any part of the Drivly Platform or any software included in the Platform; (b) reverse engineer, decompile, or attempt to extract the source code of any software or components of the Platform (except to the limited extent as may be allowed by mandatory law); (c) create derivative works based on the Platform or any of its content; (d) remove or obscure any copyright, trademark, or other proprietary notices affixed to or contained within the Platform; (e) use any robot, spider, site search/retrieval application, or other automated means to access, extract, or index any portion of the Platform or its content; (f) use the Drivly Platform or its content for any competitive or benchmarking purposes or for developing a similar or competing service; or (g) use the Intellectual Property in any manner not expressly permitted by Drivly.

4. User Content: In certain aspects of the Platform (such as your profile, feedback, reviews, or any communication you have with us), you shall provide content or materials (”User Content”). By submitting any User Content, you grant Drivly a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, and display such content in connection with operating or promoting the Services. For example, your feedback or reviews might be used in marketing materials or to improve our services. You represent that you have the necessary rights to grant this license for any content you submit and that your User Content does not infringe the rights of any third party or violate any laws. Drivly does not routinely monitor User Content, but reserves the right to remove or edit any User Content that violates these Terms or applicable law.

5. Third-Party Intellectual Property: The Platform may contain content, logos, or trademarks that belong to third parties (for example, payment processor logos, maps from a mapping service, etc.). Use of such third-party materials may be subject to additional terms of those third parties. You agree to abide by any such terms when they are made known to you. You also agree not to infringe any intellectual property rights of third parties in connection with your use of the Services (for instance, you will not use a Driver’s or another user’s personal information for any purpose outside the Service without their consent).

6. Feedback: If you choose to provide suggestions, ideas, or feedback to Drivly (for example, improvements to the user experience or new feature ideas), you agree that Drivly is free to use, implement, and monetize such feedback without restriction or compensation to you. Feedback is entirely voluntary, and Drivly is not obligated to keep it confidential.

12. Termination

1. Termination by Customer: You may stop using the Services and may terminate your Account at any time by contacting Drivly customer support or by using any account deletion feature that might be provided in the mobile application. You agree that if you terminate your Account, any pending or ongoing Bookings will be canceled, and if you have any outstanding payment obligations, those will remain due (Drivly may bill you or deduct from any credits/refunds as needed to settle obligations).

2. Termination or Suspension by Drivly: Drivly reserves the right to suspend or deactivate your Account or your access to certain parts of the Services immediately, without prior notice, if:

1. You breach these Terms or any applicable policies or instructions provided by Drivly (for example, misuse of the Platform, non-payment, or misconduct as described in Section 7).

2. You are involved in fraudulent, suspect, or illegal activities, or Drivly has reasonable suspicion of such.

3. We believe in good faith that such action is necessary to protect the safety of the Platform, other users, Drivers, or the public (for example, if you have engaged in harassment or violent behavior).

4. Required by law enforcement or other government authorities, or due to unforeseen technical or security issues.

5. In cases of minor breaches or issues, we may, at our discretion, provide you with a warning or opportunity to resolve the issue before termination, but we are not obligated to do so.

3. Effect of Termination: Upon termination of your Account for any reason:

1. Your right to use the Drivly Platform and Services will immediately cease. You must delete or uninstall the app from your device and refrain from any further use of the Services and Drivly Platform.

2. Any rights granted to you under these Terms will end. However, any liabilities or obligations you have accrued prior to termination (such as pending payments or any liability for damages caused) and sections of these Terms that are meant to survive (e.g., indemnification, liability limitations, dispute resolution, etc.) shall survive the termination.

3. If you have any unused credits or an active Subscription Plan at the time of termination, those may be forfeited (unless the termination was initiated by you for Drivly’s breach, or by Drivly without cause, in which case we may refund any pre-paid amounts for services not rendered on a pro-rata basis). Any decision to refund in such scenario is at Drivly’s discretion, subject to applicable laws.

4. Drivly may, for legal compliance, retain certain information about your Account or usage even after termination, in accordance with our Privacy Policy, but will do so in compliance with applicable data protection laws.

4. Reactivation: If your Account was suspended or deactivated by Drivly and you believe this was in error or you have rectified the issue, you may contact Drivly to request reactivation. Drivly may, in its sole discretion, decide to reactivate an account subject to any conditions it deems appropriate. Drivly is not obligated to restore any account that was terminated for breach or safety reasons.

5. Service Discontinuation: In addition to user-specific termination, Drivly reserves the right to modify, suspend, or discontinue any aspect of the Platform or even cease operations entirely. If Drivly discontinues the Services in your region permanently, we will make reasonable efforts to provide notice to you. Any ongoing bookings at that time would be canceled and (if prepaid) refunded. Drivly will have no further obligation in relation to providing the Services in such case, except to the extent of refunds or liabilities already accrued.

13. Dispute Resolution and Governing Law

1. Governing Law: These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of laws principles. However, if you are using the Services in a different country and local law mandates different consumer protection or data protection provisions that cannot be waived, those local mandatory provisions may apply to you to the extent required by law.

2. Initial Resolution: In the event of any dispute, claim, question, or disagreement arising from or relating to these Terms or the use of the Services, you agree to first attempt to resolve the dispute informally by contacting Drivly customer support at the contact information provided in Section 14. Most concerns can be quickly resolved in this manner. Both you and Drivly shall make good faith efforts to resolve any dispute through consultation and negotiation.

3. Arbitration: If a dispute cannot be resolved amicably within 30 days from the date either party raises it in writing, the dispute shall be referred to binding arbitration, unless you opt out as described below. The arbitration shall be conducted in English, in accordance with the Indian Arbitration and Conciliation Act, 1996 (or any statutory modification or re-enactment thereof). A single arbitrator, mutually appointed by both parties (or, failing agreement, appointed in accordance with the Act), shall preside over the arbitration. The seat and venue of arbitration shall be New Delhi, India, 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 arbitrator’s award shall be final and binding on both parties, and may be entered and enforced 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.

4. Opt-out of Arbitration: If you are a consumer, you have the right to opt out of the arbitration agreement in Clause 13.3 by sending a written notice of your decision to opt out to Drivly within 30 days of first accepting these Terms (the “Opt-out Deadline”). The notice must be sent to the contact address or email listed in Section 14 and must include your name, address, and a clear statement that you do not wish to resolve disputes through arbitration. If you opt out of arbitration, or if arbitration is deemed unenforceable, then Section 13.5 (Jurisdiction) below will apply.

5. Jurisdiction and Venue: Subject to the arbitration clause above, you agree that any legal action or proceeding arising out of or relating to these Terms or the Services that is not resolved by informal negotiation or arbitration shall be brought exclusively in the courts of competent jurisdiction located in New Delhi, India (or if jurisdictionally required, the appropriate courts of the city in which Drivly has its principal place of business). You consent to the jurisdiction of such courts and waive any objections to venue, including on grounds of inconvenient forum, to the maximum extent permitted by law.

6. Class Action Waiver: To the extent permitted by law, you and Drivly agree that any proceedings to resolve or litigate any dispute will be conducted solely on an individual basis, and not in a class, consolidated, or representative action. You further agree not to participate as a plaintiff or class member in any purported class action or representative proceeding against Drivly or related parties. The arbitrator (or court, if applicable) may not consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding. If this class action waiver is found to be unenforceable or unlawful, only that specific provision shall be null and void, and the remainder of the arbitration agreement and dispute resolution provisions shall remain in effect.

7. Injunctive Relief: Notwithstanding the above, both you and Drivly have the right to seek interim injunctive relief or other equitable relief from a court of competent jurisdiction in order to prevent actual or threatened infringement, misappropriation or violation of a party’s data security, intellectual property rights, or other proprietary rights. Seeking such relief shall not be deemed a waiver of the obligation to arbitrate or to first seek informal resolution.

8. Time Limit for Claims: To the extent permitted by law, any dispute or claim arising out of or related to the Service or these Terms must be brought within one (1) year after the event giving rise to the claim occurs. If not, the claim is permanently barred, which means that you and Drivly will not have the right to assert the claim.

14. MODIFICATION OF THE SERVICE AND CUSTOMER TERMS

1. Drivly reserves the right, at its sole discretion, to modify or replace, in part or full, any of these Terms, or change, suspend, block, discontinue or restrict your use to all or any feature of the Service or Platform at any time.

2. Drivly shall not be required to notify you of any changes made to these Terms.

3. The revised Terms shall be made available on the Platform. You are requested to regularly visit the Platform to view the most current Terms. You can determine when Drivly last modified the Terms by referring to the "Last Updated" legend above.

4. It shall be your responsibility to check these Terms periodically for changes. Drivly may require you to provide your consent to the updated Terms in a specified manner prior to any further use of the Platform and the Services. If no such separate consent is sought, your continued use of the Platform, following the changes to the Terms, will constitute your acceptance of those changes. Your use of the Platform and the Services is subject to the most current version of the Terms made available on the Platform at the time of such use.

15. Contact Information

If you have any questions, concerns, or complaints about these Terms or the Services, or if you need to contact us for any other reason, you may reach out to us using the following contact information:

• Company Name: Zavika Fintech Pvt. Ltd. (operating as “Drivly”)

• Registered Address: 1082, Pocket-B, Sector-A, Vasant Kunj, Delhi - 110070

• Customer Support Email: support@drivly.com

• Customer Support Phone: +91-8220060403 (available 9:00 AM to 9:00 PM IST)

• WhatsApp (Bookings/Support): +91-8220060403 (message us for booking requests or support)

We will do our best to respond to your inquiries promptly. For official legal notices (such as notices of dispute or service of process), please send them in writing to our registered office address above, marked attention to “Legal Department”.

By using the Drivly Platform, you acknowledge that you have read these Terms and Conditions, understood them, and agreed to be legally bound by them. 

Thank you for choosing Drivly for your mobility needs.