- CONTRACTUAL RELATIONSHIP
Please read these Terms and Conditions of Use (“Terms”) carefully before using MiDriVa. This is a legally binding contract between MIDRIVA Limited, a company registered under the laws of Belize, with registered office at Branch Mouth Road, Cayo District, Belize, C.A. and the individual accessing MiDriVa as a third party intending to provide services to Customers of MiDriVa (hereinafter referred to as the “Driver”). By assenting electronically, installing or using MiDriVa, Driver accepts all the terms and conditions of this Agreement on behalf of yourself and any entity or individual Driver represents or for whose Device Driver acquires the Application (collectively “Drivers”).
Supplemental terms may apply to certain services, and such supplemental terms may be disclosed to Driver in separate disclosures or in connection with the applicable service(s). Supplemental terms are considered additional to, and shall be deemed a part of, these Terms for the purposes of the applicable service(s). MiDriVa reserves full rights to amend its Terms periodically and as needed. From the time of MiDriVa’s posting of any updated Terms, they are immediately effective. Continued use and access to MiDriVa after posting amended Terms confirms Driver’s consent to be bound by those Terms.
Driver has the right to indicate rejection of amended Terms by providing written notice of such rejection within 15 days of the effective date of the amendments. Written notice must be sent (a) by mail to MIDRIVA Limited, Branch Mouth Road, San Ignacio, Cayo District, Belize, Central America or (b) by email from the same email address in which Driver’s MiDriVa account is registered to email@example.com. Notice must include Driver’s full name and clearly state Driver’s rejection of the amended Terms. Driver’s rejection of amended Terms still acts as confirmation of the continued compliance with the Terms originally agreed to by the Driver.
- DISPUTE RESOLUTION AND ARBITRATION
Driver agrees to submit to arbitration as the choice mechanism for dispute resolution as it relates to MiDriVa’s services. Any dispute, claim or controversy arising out of or relating to (a) these Terms or the existence, breach, termination, enforcement, interpretation or validity thereof, or (b) Driver’s access to or use of the services at any time whether before or after the date Driver agreed to the Terms will be settled by binding arbitration, and not in a court of law.
By agreeing to the Terms, Driver agrees that Driver is required to resolve any claim that Driver may have against MiDriVa on an individual basis in arbitration, as set forth in this Arbitration Agreement. This will preclude Driver from bringing any class, collective or representative action against MiDriVa, and also preclude Driver from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against MiDriVa by someone else.
Driver acknowledges and agrees that he/she and MiDriVa are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Unless both Driver and MiDriVa otherwise agree in writing, any arbitration will be conducted only on an individual basis and not in class, collective, consolidated or representative proceeding. However, Driver and MiDriVa each retain the right to bring an individual action in the Resident Magistrate’s Court and the right to seek injunctive or other equitable remedy in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyright, trademarks, trade secrets, patents or other intellectual property rights.
Rules and Governing Law
This arbitration will be administered by the UNCITRAL Arbitration Rules in accordance and conjunction with any arbitration statute or rules then in effect, except as modified by this Arbitration Agreement. If there are any conflicts or ambiguities, the laws of Belize will supersede the UNCITRAL Arbitration Rules. The parties agree that the arbitrator (“Arbitrator”), and not any court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining threshold arbitrability issues, including issues relating to whether the Terms are unconscionable or illusory and any defense to arbitration, including waiver, delay or estoppel.
Notwithstanding any choice of law of other provision in the Terms, the parties agree and acknowledge that this Arbitration Agreement forms a contractual relationship in its own right.
A party who desires to initiate arbitration must provide the other party with a written demand for Arbitration. The Arbitrator will be either (1) a retired judge or (2) an attorney specifically licensed to practice law in Belize and selected by mutual agreement of the parties. If the parties are unable to agree upon an Arbitrator within seven (7) days of delivery of the Demand for Arbitration, the demanding party may submit to the court of Belize for a court-appointed arbitrator.
Unless otherwise agreed by Driver and MiDriVa, the arbitration will be conducted in Belize.
The Arbitrator will render an award, which may be entered in any court having competent jurisdiction to do so. An Arbitrator’s decision shall be final and binding on all parties. An Arbitrator’s decision and judgement shall have no precedential or collateral estoppel effect.
Notwithstanding these provisions and those of the Terms of the Application, regarding consent to be bound by amendments to these Terms, MiDriVa reserves the right to change this Arbitration Agreement and if it does so after the date Driver first agreed to the Terms (or to any subsequent changes to the Terms), Driver may reject any such change by providing written notice of such rejection within thirty (30) days of the date such change became effective in the ways outlined in Section 1 above.
- THE SERVICES
- Description of Services
MiDriVa offers services by way of its mobile application (‘Application’), which enables users to arrange and schedule transportation with third party providers of such services, i.e. Drivers, under agreement with MiDriVa or its affiliates.
- Provision of Services
MiDriVa may provide its services under various brands by or in connection with (1) Subsidiaries or affiliates of MiDriVa; or (ii) independent Third Party Providers.
DRIVER ACKNOWLEDGES AND AGREES THAT NONE OF THE SERVICES PROVIDED BY MIDRIVA ESTABLISHES MIDRIVA AS A PROVIDER OR CARRIER OF TRANSPORTATION, LOGISTICS OR DELIVERY SERVICES.
- ACCESS TO AND USE OF THE SERVICES
- User Accounts
Driver must register for and maintain an active personal user account to use MiDriVa’s services. In order to register and maintain an account, Driver must initially undergo a registration procedure with MIDRIVA Limited, which includes, but is not limited to, Driver’s provision of the following:
- Valid Driver’s License
- Proof of Address
- Proof of Ownership and/or Valid Authorization to Use Vehicle
- Valid Vehicle Insurance
- Valid Vehicle Registration
A Driver must be at least 18 years of age, or the age of legal majority in Driver’s jurisdiction. Driver hereby warrants that he/she is in possession of the necessary valid authorizations and permits from relevant authorities allowing Driver to offer paid transportation services to Passengers. This includes but is not limited to a driver’s license, vehicle insurance and registration within the correct classification allowing commercial service offering. MiDriVa reserves the right to reject a Driver from offering services to Customers if Driver cannot prove possession of the necessary authorizations and permits, or if Driver subsequently fails to maintain these authorizations and permits having initially produced them to MiDriVa.
Driver agrees to maintain accurate, complete and up-to-date information in the Account, including but not limited to profile picture, vehicle model and license plate number. Failure to maintain accurate, complete and up-to-date information may result in Driver’s ability to access or use the services. Driver takes full responsibility for all activity that occurs under his/her account and agrees to maintain the security and secrecy of the Account username and password at all times. Unless otherwise permitted by MiDriVa, Driver may only possess one account.
MiDriVa is not available for use by Drivers in possession of learner’s permits nor drivers’ licenses noted with traffic infractions. MiDriVa reserves the right to reject a Driver application or terminate a Driver account if, in its sole discretion, Driver may pose a danger, displeasure or liability to Customer(s) and/or MiDriVa. Driver may not authorize third parties to use his/her MiDriVa account. Driver may not assign or otherwise transfer his/her account to any other person or entity. Driver agrees to comply with all applicable laws of the jurisdiction when offering services to MiDriVa’s Customers and may only access or use the services for lawful purposes.
In certain instances, Driver may be asked to provide proof of identity when offering services to MiDriVa’s Customers, and any refusal to provide may result in suspension or cancellation of access to MiDriVa.
- Ratings on a Driver’s Account
Driver agrees that MiDriVa may allow Customers, after every trip, to rate Driver on a scale, as well as give feedback on how the trip went. Consistent cancellations of trips and/or acceptance of trips may also affect the Driver rating, dependent on MiDriVa’s formulation at any given time. Drivers can see their current rating in the Application.
Driver understands that the method keep his/her average rating high is to provide good service on every trip. If the average rating falls below the minimum allowable and after multiple notifications from MiDriVa, in MiDriVa’s sole discretion, Driver will lose access to his/her account.
- Re-Gaining Access to Driver’s Account
Driver agrees that MiDriVa has complete discretion in granting access to any account, including accounts which have been suspended or terminated for any reason. Driver is obligated to contact MiDriVa if his/her account has been cancelled. MiDriVa may implement any terms and conditions, in its sole discretion, which are necessary for Driver to regain access to his/her account.
- User Provided Content
MiDriVa, may in its sole discretion, permit Driver to submit, upload, publish or otherwise make available to MiDriVa, through the Application, audio and/or visual content and information including commentary and reports related to the services, and submission of entries for promotions (“User Content”). Any User Content provided by Driver remains his/her property. However, by providing said User Content to MiDriVa, Driver grants a worldwide, perpetual, irrevocable, transferable, royalty-free license with right to sublicense, use, copy, modify, create derivative works of, distribute, publicly display, publicly perform and otherwise exploit in any manner now known or hereafter devised, without further notice to or consent from Driver and without requirement of payment to Driver or any other person/entity.
Therefore, Driver warrants that, in relation to the User Content provided: (1) he/she is either the sole and exclusive owner of all User Content or has the rights, licenses, consents and releases necessary to grant MiDriVa the license to the User Content; and (ii) neither the User Content, nor submitting, uploading, publishing or otherwise making available such User Content, nor MiDriVa’s use of said User Content, will infringe misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. Further, Driver agrees not to provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive as determined by MiDriVa in its sole discretion, whether or not the User Content may be protected by law. MiDriVa reserves the right, but shall not be obligated, to review, monitor or remove User Content.
- Text Messaging and Telephone Calls
Driver agrees that MiDriVa may contact him/her by telephone or text message at any of the phone numbers provided by Driver or on Driver’s behalf in connection with a MiDriVa account, including for marketing purposes and/or further to any report or otherwise concerning Driver’s performance under this Agreement. Driver understands and acknowledges that he/she is not required to provide consent to a request for marketing purposes as a condition of providing services. Driver also understands that he/she can contact MiDriVa to indicate the preferred method of being contacted by MiDriVa at any time.
- Referrals and Promotional Codes
MiDriVa may, in its sole discretion, create referral and/or promotional codes (“Promo Codes”) that may be redeemed for discounts on future services and/or a Third Party Provider’s services, or other features or benefits related to the services and/or a Third Party Provider’s services, subject to any additional terms and conditions established by MiDriVa. Driver agrees that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public forum or otherwise, unless expressly permitted by MiDriVa; (iii) may be disabled by MiDriVa at any time for any reason without liability to MiDriVa; (iv) may only be used pursuant to the specific terms that MiDriVa established for such Promo Code; (v) are not valid for cash, unless specifically stated by MiDriVa; and(vi) may expire prior to Driver’s use.
MiDriVa reserves the right to withhold or deduct credits or other features or benefits obtained through the use of the referral system or Promo Codes by Driver or any other user in the event that MiDriVa determines or believes that the use of the referral system or use or redemption of the Promo Code was in error, fraudulent, illegal or otherwise in violation of MiDriVa’s terms.
- Prohibited Behaviour
Driver agrees to submit to an initial and routine, or random based on MiDriVa’s sole discretion, background and safety screening to ensure safety and compliance with MiDriVa’s criteria. Driver further agrees that MiDriVa may take any steps to ensure Driver’s, Customers’ and passengers safety, for instance by GPS-tracking each ride and allowing Customers to share their journeys in real time with families and friends.
MiDriVa reserves the right to suspend or terminate, access for further information and report to authorities any inappropriate and/or illegal behaviour by Driver and/or Customer, in MiDriVa’s sole discretion. Driver behaviours which could warrant such action from MiDriVa include, but are not limited to:
- Damage to Customer’s or other passengers’ property
- Physical contact with Customer or other passengers
- Use of inappropriate and abusive language and gestures
- Unwanted contact with Customer or other passengers after trip is over
- Breaking the law while offering services, e.g. drugs and alcohol use, committing a crime etc.
- Carrying other unauthorized passengers during a Customer or authorized passengers’ trip.
- Carrying or use of firearms in vehicles.
- Unsafe, poor or distracted driving.
- Acts of discrimination based on race, colour, religion, national origin, disability, sexual orientation, sex, marital status, gender identity, age or any other characteristic protected under the laws of Belize.
- Any behaviour involving violence, sexual misconduct, harassment, discrimination or illegal activity.
- Any fraudulent activity such as deliberately increasing the time or distance of a trip; accepting trips without the intention to complete, including provoking riders to cancel; creating dummy rider or driver accounts for fraudulent purposes; claiming fraudulent fees or charges, like false cleaning fees; and intentionally accepting or completing fraudulent or falsified trips.
Other prohibited behaviours which may warrant suspension or termination of Driver account and of this Agreement with Driver, include but are not limited to, the following:
- Failure to keep Driver information accurate and up-to-date.
- Reaching below the acceptable Quality Ratings or Cancellation Rates (i.e. number of cancellations made after accepting a trip) for Drivers.
- Accepting illegal street hails while offering services to MiDriVa Customer(s).
- Harming the business or brand, like unauthorized use of MiDriVa’s trademark or intellectual property, or otherwise violating this Drivers’ Agreement with MiDriVa;
- Soliciting payment of fares outside the MiDriVa
- If a routine motor vehicle record or background check uncovers a violation of MiDriVa’s safety standards or of other criteria required by local regulators
- Methods of Payment
Driver agrees transporting Customers through the MiDriVa Application will result in charges of ___25%______ to Driver. In the event that Application-direct payment methods are not available, Driver may be required to receive payment in cash inclusive of applicable taxes where required by law from Customer on MiDriVa’s behalf and is required to hold those funds in trust and to deposit those funds with MiDriVa whether to a designated bank account or to a designated location in the amount and method indicated by MiDriVa, to include payment of Driver’s entitlement under this Agreement. If Application-direct payment methods are available, MiDriVa will receive or apply payment of the applicable charges to Customer, which will be deducted for MiDriVa’s portion and the Driver’s portion will be held in trust for the Driver by MiDriVa until such time that MiDriVa issues payment to Driver’s designated account or by way of other payment methods as agreed. Charges to Driver may include other applicable fees and/or surcharges such as a booking fee or processing fees.
Charges and payments will be enabled by MiDriVa using the preferred payment method designated in the Driver’s Account. A statement will be occasionally issued to Driver by email. In the event that cash is the applicable payment method for MiDriVa’s services, Driver agrees to pay in full and in an accepted currency, limited to Belize dollars and United States dollars. Payments made by and to Driver are final and non-refundable, unless otherwise determined by MiDriVa.
As between Driver and MiDriVa, MiDriVa reserves the right to establish, remove and/or revise charges for any services obtained, in MiDriVa’s sole discretion. Further, Driver agrees that MiDriVa may apply promotional offers, discounts, cancellation fees or other charges which may affect the stated entitlement. Driver acknowledges that Customer may apply “tips” to payments in cash or through the Application, and when done through the Application, MiDriVa will hold such funds in trust for the Driver by MiDriVa until such time that MiDriVa issues payment to Driver’s designated account or by way of other payment methods as agreed.
- Payment for Cleaning and Repairs
Driver shall be responsible to make an application to MiDriVa for funds to cover the costs of repair for damage to, or necessary cleaning of, vehicles and property resulting from transporting Customer(s) or other passengers of MiDriVa under Driver’s Account in excess of normal “wear and tear” damages and necessary cleaning (“Repair or Cleaning”). In the event that a Repair or Cleaning request is verified by MiDriVa in MiDriVa’s reasonable discretion, MiDriVa reserves the right to issue such payment within thirty (30) days of the request. MiDriVa may require further information from the Driver, while pursuing any efforts to facilitate payment for the reasonable cost of such Repair or Cleaning using payment methods from Customer or by taking all necessary steps to recover payment from Customer otherwise, including debt collection services or court action. MiDriVa reserves the right, in its sole discretion, to reject any Repair or Cleaning request, without legal action from Driver for such rejection.
- DISCLAIMERS, LIMITATION OF LIABILITY AND INDEMNITY
THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. MIDRIVA DISCLAIMS ALL REPRESENTATION AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, MIDRIVA MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUUITABILITY OR AVAILABILITY OF THE SERVICES OR ITS CUSTOMERS WHO USE THE SERVICE OR THAT THE SERVICES WILL BE UNINTERRUPTED AND ERROR-FREE.
MIDRIVA DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. DRIVER AGREES THAT THE ENTIRE RISK ARISING OUT OF THE USE OF THE SERVICES REMAINS SOLELY WITH DRIVER, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
- Limitation of Liability
MIDRIVA SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH OR OTHERWISE RESULTING FROM ANY OFFERING OR PROVIDING OF TRANSPORTATION TO CUSTOMERS WHO USE THE SERVICES, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF MIDRIVA, EVEN IF MIDRIVA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
MIDRIVA SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF (i) DRIVER’S USE OF OR RELIANCE ON THE SERVICES OR DRIVER’S INABILITY TO ACCESS OR USE THE SERVICES; (ii) DRIVER’S POOR OR UNSAFE PERFORMANCE WHEN OFFERING OR PROVIDING SERVICES TO MIDRIVA’S CUSTOMER(S), INCLUDING IF SUCH PERFORMANCE RESULTS IN INJURY OR DEATH OF DRIVER, CUSTOMER, PASSENGER OR OTHER THIRD PARTY; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN DRIVER AND ANY THIRD PARTY PROVIDER, EVEN IF MIDRIVA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MIDRIVA SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND MIDRIVA’S REASONABLE CONTROL.
THE SERVICES MAY BE USED BY DRIVER TO BOOK AND OFFER TRANSPORTATION, GOODS OR LOGISTICS SERVICES TO CUSTOMERS BUT DRIVER AGREES THAT MIDRIVA HAS NO RESPONSIBILITY OF LIABILITY TO DRIVER RELATED TO ANY TRANSPORTATION, GOODS, OR LOGISTRICS SERVICES PROVIDED TO CUSTOMERS BY DRIVER OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.
THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER DRIVER’S RIGHTS THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. MIDRIVA’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THIS PROVISION SHALL HAVE NO EFFECT ON MIDRIVA’S CHOICE OF LAW PROVISION SET FORTH BELOW.
Driver agrees to indemnify and hold MiDriVa and its affiliates and their officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with: (i) Driver’s use of the services or offering of any services through use of MiDriVa; (ii) Driver’s breach or violation of any of these Terms; (iii) MiDriVa’s use of Driver’s User Content; or (iv) Driver’s violation of the rights of any third party, including but not limited to Third Party Providers.
- INTELLECTUAL PROPERTY
- MiDriVa’s Ownership Rights
The Application is the intellectual property of MiDriVa and are protected by applicable copyright laws, international treaty provisions and other applicable laws of the jurisdiction in which it is being used. To the extent Driver provides any comments or suggestions, Driver grants MiDriVa the right and license to retain and use any such comments or suggestions for any purpose in its current or future products or services, without further compensation to Driver and without Driver’s approval of such retention or use.
Except as stated in this Agreement, possession and use of the Application does not grant any rights or title to any intellectual property rights. All rights to the Application and accompanying documentation, including all associated copyrights, patents, trade secret rights, trademarks and other intellectual property rights, are reserved by MiDriVa.
- Copyright Infringement Notifications
MiDriVa reserves the right, in appropriate circumstances and at its discretion, to disable and/or terminate the Driver’s account if there is repeated infringement of copyright or other intellectual property rights of MiDriVa or any third party.
Driver agrees to immediately report to MiDriVa any copyright or intellectual property infringements which may come to his/her attention in using the Application or accessing the services offered through the Application.
MiDriVa reserves the right to immediately terminate upon Driver’s breach of any obligation in these Terms. MiDriVa further reserves the right to any other remedies available under law in the event that Driver’s breach adversely affects the MiDriVa, its affiliates or subsidiaries. The exclusions and limitations of liability of MiDriVa will survive termination of the contractual relationship with Driver.
MiDriVa, by notice to Driver, may immediately terminate its contractual relationship with Driver for convenience at any time for no reason, and will work prudently to pay all outstanding entitlements to Driver within a reasonable time following termination. From the effective date of such termination Driver will no longer be entitled to use the Application or offer services using MiDriVa’s name or brand.
- Information Collected
Driver acknowledges and agrees that the following information is collected by or on behalf of MiDriVa, in connection with Driver’s use of the Application and services:
- Information provided by the Driver, including but not limited to:
- User profile information such as Driver’s name, email, phone number, login name and password, address, payment or banking information (including related payment verification information), government identification numbers such as Social Security number, driver’s license or passport if required by law, vehicle insurance and registration, vehicle ownership documents, birth date, photo and signature. This also includes the preferences and settings that Driver enables for the Driver account.
- Demographic data, including through user surveys. In some countries, MiDriVa may also receive demographic information about Driver from third parties.
- User content, such as information that submitted when Driver contacts MiDriVa Driver support, provide ratings or compliments for other users, or otherwise contact MiDriVa.
- Information created when Driver uses MiDriVa’s services, including but not limited to:
- Location Information such as precise or approximate location information of Driver as determined through data such as GPS, IP address and Wi-Fi (this depends on User settings on Application and device)
- Transaction Information such as transaction details related to Driver’s use of MiDriVa’s services, including the type of services requested or provided, order details, delivery information, date and time the service was provided, amount charged, distance traveled, and payment method.
- Usage information such as access dates and times, app features or pages viewed, app crashes and other system activity, type of browser, and third-party sites or service being used before interacting with MiDriVa’s services. In some cases, this information may be collected through cookies, pixel tags, and similar technologies that create and maintain unique identifiers.
- Device Information such as information about the devices Driver use to access MiDriVa’s services, including the hardware models, device IP address, operating systems and versions, software, file names and versions, preferred languages, unique device identifiers, advertising identifiers, serial numbers, device motion information, and mobile network information.
- Communications data such as information on communications between Users of the Application, Customers and Drivers. MiDriVa may also use this information for Driver support services (including to resolve disputes between users), for safety and security purposes, to improve MiDriVa’s products and services and for analytics.
- Information from other sources, including but not limited to:
- User feedback, such as ratings or compliments.
- Users providing Driver information in connection with referral programs.
- Users requesting services for or on Driver’s behalf.
- Users or others providing information in connection with claims or disputes.
- Publicly available sources.
- Marketing service providers.
MiDriVa may combine the information collected from these sources with other information in its possession.
MiDriVa requires Driver information in order to provide its services, and retains such information for as long Driver maintains his/her account. MiDriVa retains certain information, including transaction, location, device and usage information, for a minimum of 6 years in connection with regulatory, tax, insurance and other requirements in the places in which it operates. Once such information is no longer necessary to provide MiDriVa's services, enable Driver support, enhance the user experience or other operational purposes, MiDriVa takes steps to prevent access to or use of such information for any purpose other than compliance with these requirements or for purposes of safety, security and fraud prevention and detection.
Following a Driver’s request for or action of terminating his/her account, MiDriVa deletes the information that it is not required to retain. In certain circumstances, MiDriVa may be unable to delete Driver’s account, such as if there is an outstanding credit on the account or an unresolved claim or dispute. Upon resolution of the issue preventing deletion, MiDriVa will delete Driver’s account as described above.
MiDriVa may also retain certain information if necessary for its legitimate business interests, such as fraud prevention and enhancing users' safety and security. For example, if MiDriVa shuts down Driver's account because of unsafe behavior or security incidents, MiDriVa may retain certain information about that account to prevent Driver from opening a new account in the future.
- Information Shared
Driver acknowledges and agrees that MiDriVa may share the information collected in the following ways:
- With other users, for example by sharing first name, profile picture, license plate number, average Driver rating given by Customers, and pickup and/or drop-off locations;
- At Driver’s request, including to other users or MiDriVa’s business partners and/or Third Party Providers;
- With the general public when Driver submits content to a public forum;
- With the owner of other MiDriVa accounts that Driver may use;
- With MiDriVa’s subsidiaries and affiliates to help provide services or conduct data processing.
- With service providers and business partners;
- For legal reasons or in the event of a dispute including sharing Driver information with law enforcement officials, government authorities, airports (if required by the airport authorities as a condition of operating on airport property), or other third parties as necessary to enforce MiDriVa’s Terms, or other policies, to protect MiDriVa’s rights or property or the rights, safety or property of others, or in the event of a claim or dispute relating to Driver’s use of services. This also includes sharing Driver’s information with others in connection with, or during negotiations of, any merger, sale of company assets, consolidation or restructuring, financing, or acquisition of all or a portion of MiDriVa’s business by or into another company; and
- With Driver’s consent.
MiDriVa may, from time to time and without Driver’s separate permission or consent, deploy an upgrade or update of, or replacement for, the Application (“Update”), and as a result of any such deployment Driver may not be able to use the Application until any such Update is fully installed or activated. Each Update will be deemed to form a part of the Application under these Terms.
Updates may include additions to, and/or removals of, any particular features or functionality offered or may replace it entirely, and MiDriVa will determine the content, features and functionality of the updated Software in its sole discretion. MiDriVa is not required to offer Driver the option to decline or delay Updates, but in any event Driver may need to download and permit installation or activation of all available Updates to obtain maximum benefit from the Application.
MiDriVa may stop providing support for an older version of the Application until Driver has accepted and installed or activated all Updates. MiDriVa in its sole discretion will determine when and if Updates are appropriate and has no obligation to make any Updates available to Driver. MiDriVa in its sole discretion may stop providing Updates for any version of the Application other than the most current version, or Updates supporting use of the Application in connection with any versions of operating systems, email programs, browser programs and other software with which the Application is designed to operate.
- Internet connection
This Application requires an active and stable connection to the Internet in order to function. It is therefore Driver’s responsibility to ensure that he/she has at all times an active and stable Internet connection.
- Product names
MiDriVa from time to time may change the name or logo of the Application. These changes do not alter Driver’s obligations or rights under these Terms.
MiDriVa may at any time deliver any notice to Driver via electronic mail, pop-up window, dialog box or other means, even though in some cases Driver may not receive the notice unless and until the Application is launched. Nevertheless, any such notice will be deemed delivered on the date MiDriVa first makes it available, irrespective of when Driver actually receives it.
- Questions About These Terms
Questions regarding these Terms or requests for any information from MiDriVa should be sent to MIDRIVA Limited, Branch Mouth Road, San Ignacio, Cayo District, Belize, Central America e-mail: firstname.lastname@example.org, tel.: +5016155678 or visit the website at www.midriva.com.
- Entire Agreement
These Terms form an Agreement between MIDRIVA Limited and Driver, and constitutes the entire agreement. This Agreement supersedes all prior or contemporaneous oral or written communications, proposals, statements, warranties and representations with respect to access and/or use of the Application. Notwithstanding the foregoing, nothing in this Agreement will diminish any rights Driver may have under legislation or other applicable laws in the applicable jurisdiction that may not be waived by contract.
The headings in these Terms do not affect its interpretation. The use of any gender includes all genders. The singular includes the plural and vice-versa. Where a word or phrase is defined, its other grammatical forms have a corresponding meaning. The words “includes” and “including” will be construed as followed by the words “without limitation.” Any reference to “use” of the Application or Update by Driver shall be deemed to include any installation of any such Application by Driver (unless the context otherwise requires).
These Terms were originally prepared in the English language. Although MiDriVa may provide one or more translated versions for Driver’s convenience, the English language version of this Agreement will be the governing version of this Agreement in the case of any conflict or discrepancy. In the event that an ambiguity or question of intent or interpretation arises, in any judicial proceeding or otherwise, these Terms will be construed as having been drafted jointly by the parties, and no presumption or burden of proof will arise favoring or disfavoring any party by virtue of the authorship of any provisions.
If any of these Terms is held to be illegal, invalid or unenforceable under any applicable laws, it shall to that extent be deemed not to form part of the Agreement but the remainder will remain valid and enforceable to the greatest extent permitted by applicable law.
- Impossibility/Force Majeure
MiDriVa will not be liable for any failure or delay in performance, due in whole or in part, to utility failures (including power), failure of the internet, failure of telecommunications or information technology services, failure of telecommunications or information technology equipment, strikes or other labor disturbances, acts of war or terror, denial of service attacks or other information technology attacks or breaches, floods, sabotage, fire, other natural disasters or Acts of God, affecting and beyond the reasonable control of MiDriVa, its affiliates, subsidiaries, employees and agents.
The failure of MiDriVa or Driver to insist upon the strict performance of any of these Terms shall not be construed as a waiver or relinquishment of future compliance with the Terms, which shall remain in full force and effect. No waiver of any provision within these Terms on the part of either party shall be effective for any purpose whatsoever unless such waiver is in writing and signed by such party. The waiver by either party of a breach of any provision within these Terms by the other party shall not be construed as a continuing waiver of such breach or as a waiver of other breaches of the same or of other Terms.
Driver may not assign his/her rights or obligations under these Terms without the prior written consent of MiDriVa. MiDriVa may assign this Agreement at any time in its sole discretion without any prior written consent by Driver.
- Choice of Law
These Terms are governed by and construed in accordance with the laws of Belize, Central America, without giving effect to any conflict of law principles, except a may be otherwise provided in the Arbitration Agreement above or in supplemental terms. These provisions, and except as otherwise provided in specific provisions within these Terms, are only intended to specific the use of Belize law to interpret these Terms and the forum for disputes asserting a breach of these Terms, subject and ancillary to the Arbitration provisions herein.