INTRODUCTION
These terms and conditions (“Terms and Conditions”) constitute the legal agreement between you and 10X Server Software Dubai. Please read these Terms and Conditions before using, in any way, the Ovi-Ride Site and Application (“Application”). In order to use the Application, your agreement to these terms and conditions is required. The registration of an account on the Application and/or the use of the intermediation services offered by the Application represents the acceptance of these Terms and Conditions.
By your agreement regarding these Terms and Conditions, you declare and guarantee that you have 18 years and full capacity to exercise or, in the case of a legal entity, that you are a company registered and operating in accordance with the laws of your country or territory, and your representatives are in. You are authorized to express your agreement to access, visit or otherwise use the Application.
The application is a mobile computer program that allows you to order a taxi or a car with a driver to provide the transport service for rent, through a mobile equipment, without other formalities. The application automatically detects the Client’s location and you are able to contact the available Carriers in the respective area. More details about the operation of the Application can be found in the sections Purpose of the Application, Conditions for the proper functioning of the Application and the Functionalities of the Application.
DEFINITIONS
The terms used below will have the following meaning:
CUSTOMER – Any legal or natural person with full capacity to access the Application being interested in the services offered by the Carriers;
CARRIER – Any legal person or authorized natural person having as object of activity transport of goods and persons, in compliance with the legal conditions, who create an account on the Application, proposing transport offers and following the conclusion of transport contracts with Customers through the Application. The activity of transporting goods and persons means (i) the activity of transport in taxi or in ride sharing, ride hailing regime.
10X Server Software Dubai is the operator of the application and web site www.oviride.com.
TRANSPORT REQUEST – the request made by the Client by which he requests a transport offer from the Carriers;
ACCOUNT – the way of registering the Carriers / Customers within the Application, the way in which they can present their offers, respectively the transport requests.
APPLICATION – is the oviride.com web platform through which the demand and supply for taxi or ride hailing transport services are connected;
The titles contained in these Terms and Conditions are inserted for guidance only and will not affect in any way the interpretation of the provisions contained herein.
The terms in these Terms and Conditions have the meanings defined above. Any reference to the singular number also includes a reference to the plural number and vice versa; any reference to the masculine gender will also include a reference to the feminine and/or neutral gender and vice versa.
PURPOSE OF THE APPLICATION
The purpose of the Application is to list transport services between Customers and Carriers. Any use of the Application for other purposes is not permitted, and Ovi-Ride Site and Application will not be liable for any damages caused by the use of the Application for other purposes.
The transport services that are mediated through the Application refer to:
i. Taxi and ride hailing transport services, as they are regulated by Law regarding the transport in taxi and ride hailing transport regime;
ii. The Application and its website provides to public a listing services of authorized taxi and ride hailing/sharing drivers, their location and contact details of them.
CONDITIONS FOR THE CORRECT OPERATION OF THE APPLICATION
The application works on any type of device (phone, tablet or PC) with Android operating system and which meets the following conditions:
The device has a GPS chipset;
The device has all the options specific to the optimal active operation, respectively:
1. GPS option activated;
2. all location services activated;
3. the mobile data option activated.
In order to benefit from all the functionalities of the Application, please contact the technical department at suport@oviride.com in order to verify if your device meets the technical specifications necessary for the optimal functioning of the application.
The application is compatible with any of the mobile networks with 3G, 4G or 5G mobile data connection.
Customers who want to use the Application will create an Account in Application, providing the following personal information:
1. Customer identification data, in accordance with reality;
2. The Client’s contact details, as requested by the Application;
3. Other information requested when registering the Account.
Not allowed:
– attempting to intervene, by any means, in the content of the site, deleting or modifying by any means the materials and information delivered, or attempting to act for this purpose;
– attempting to test or scan the vulnerability of any system in the Ovi-Ride Site and Application network, accessing any servers or services in the Ovi-Ride Site and Application network that are not public, without the prior author of Ovi-Ride Site and Application;
– attempting to intervene in the operation of the hosting servers or in the OviRide Site and Application network by any means, including attacking them by “flooding” or “DOS”;
– the use of any e-mail addresses published through the site for distribution on mailing lists or for sending commercial emails (“spamming”) or for any other purpose other than sending justified personal emails, without the written consent of owners of these addresses.
Failure to comply with any of these rules will result in civil, criminal or misdemeanor liability, as appropriate. Ovi-Ride Site and Application will investigate the facts involving such violations, cooperating with the authorities to prevent or prevent such violations.
APPLICATION FUNCTIONS
The application allows you to identify taxis or ride sharing/hailing services belonging to several transport companies, the customer having the opportunity to choose according to various criteria: taxi company, fare, starting fee, waiting time, etc. In order to contract a flight with a Carrier, the Client will go through the following steps:
1. open the Application or the web site at www.oviride.com;
2. enter the address of the place where it is located or select the option to identify by Application the exact address;
3. optionally, can enter the address of the ride destination;
4. select the option to search for available drivers;
5. The application shows the drivers who have expressed their availability to contract the flight (together with the related mode of transport) nearby, their fare and the estimated waiting time until arrival;
6. The customer selects the desired driver, having available through the Application information on: mode of transport, fare (based on which the value of the ride is calculated), information about the driver (name, surname, photo), information about the vehicle, make and model , registration number);
7. The client directly contact thru the application the desired Driver and establish with him all the ride condition of total price, payment type (cash or credit card), time of arrival and other specifications. The acceptance by the Client of the driver’s offer is equivalent to the agreement for concluding a contract between the Client and the Carrier having as object the provision of transport services, under the conditions established by the Carrier;
8. The customer waits for the car to arrive at the indicated time and make the trip;
9. The payment of the ride its made directly to the driver into the car either cash or thru credit/debit card if available.
The application will also provide the Client with the following functions: communication with the driver by chat or phone number, choosing the driver according to the grades given by other Customers and the possibility to give a driver or to make suggestions and complaints through the Application. With respect to claims regarding the Services mediated by the Application, Ovi-Ride Site and Application Software may transmit such claims to the Carrier.
The application will not provide the possibility to pay by card the value of the trips. All the payments are made directly to the driver thru the accepted payment method agreed upon (cash or credit/debit card).
RIGHTS AND OBLIGATIONS
Ovi-Ride Site and Application Software undertakes to publish all Transport Requests submitted by Customers through the Application, which comply with the provisions / conditions imposed by these Terms and Conditions.
Ovi-Ride Site and Application Software undertakes to remedy as soon as possible any alleged malfunctions related to the operation of the Application or any inconsistencies between the data provided in the Transport Request by the Customer and the data published on the Application by Ovi-Ride Site and Application Software, except for those inconsistencies reported by Customers which is due to the fact that Ovi-Ride Site and Application Software has partially modified the Transport Application so that it meets the conditions imposed by this document in order to be kept posted on the Application.
Ovi-Ride Site and Application Software reserves the right to unilaterally modify or update the Terms and Conditions at any time, notifying the respective modification before the use of the Application by the Customer. The Terms and Conditions can be accessed at any time in the Terms and Conditions section of the Application. If the Client does not agree with the modification of the Terms and Conditions, he will not be able to use the app.
Ovi-Ride Site and Application Software may change the content and conditions of use of the Application at any time. The changes become valid when they have been made public through the Application.
Ovi-Ride Site and Application its a listing service of taxi and ride hailing/sharing drivers. We do not provide transport services, we just put in contact the drivers with the riders.
Ovi-Ride Site and Application can not be held accountable for the driver behavior or of its provided services.
Ovi-Ride Site and Application can limit, delete or exclude a driver from the Application and site if we receive founded complaints from the passengers.
DRIVER RIGHTS AND OBLIGATIONS
The Driver is obligated to have all the necessary legal documents to transport the people as requested by the local legislation of his country or territory in which he/she provide the transport service.
When an account its created the driver must provide a photo of himself and a photo of its car with the plates clearly visible in the application and in the web site.
The driver must clearly inform about the fees: the starting fee (if any), the cost per mile or Km, the waiting time cost per minute/hour and other specific fees (if any).
The driver must offer when contacted by the rider(s) and before the starting of the ride, the total fee of the ride after he collects all the necessary information from the client: the pick up location, the destination, the waiting time, the total number of riders, the payment type (cash or card), etc.
The driver its totally responsible for its conduct and correct information provided to the oviride.com service and to the customers.
CUSTOMER RIGHTS AND OBLIGATIONS
The Client has the right to benefit from the Application as long as he does not violate the provisions of the Terms and Conditions. Furthermore, the Client assumes the observance of the following obligations and has the following rights:
Contracting transport services through the Application. The Transport request submitted by the Client must be firm and correct. This means that the Transport Request must include the actual location of the person to be transported. The Client is directly responsible for the non-fulfillment by the Carriers of the transport services due to the Client’s fault, including but not limited to, the erroneous mention of the address from where the Client wishes to start the ride.
For the normal operation of the Application and for ensuring an efficient environment for the intermediation of transport services, for cases justified by the Client’s conduct, Ovi-Ride Site and Application Software reserves the right to suspend the Client’s Account for a period of 1 to 7 days.
Execution of Carrier services. Although Ovi-Ride Site and Application Software is not a provider of transportation services, Customer is entitled to report any irregularities regarding the provision of the transportation service to Ovi-Ride Site and Application Software. In this case, Ovi-Ride Site and Application Software may apply sanctions for the suspension of Drivers’ Accounts, for the exclusion of drivers from the Application or for the termination of the contractual relations with the Carrier. Also, in case of reporting the misconduct of the drivers, Ovi-Ride Site and Application Software will send the received reports to the Carrier.
To the extent that the Customer finds that the Carrier or taxi driver does not have the necessary authorizations / permits / certificates / licenses under the law to provide transportation services, the Customer has the obligation to notify Ovi-Ride Site and Application Software, so that the latter can start the procedure. to verify the authorizations of the Carrier, the taxi driver.
The Customer has the right to benefit from the assistance and support from Ovi-Ride Site and Application Software, through the possibility of accessing the department of relations with Ovi-Ride Site and Application Software Customers, to the contact data identified in the Application. We emphasize that it is the Customer’s right to address either Ovi-Ride Site and Application or directly to the authorized carrier.
Payment for transport services. The payment of the ride will be made directly to the driver either by cash or credit-debit card as agreed with the driver before the ride starts.
The customer can withdraw from this contract at any time by deleting the account and uninstalling the application without paying any amount of money. Withdrawal from this contract will make it impossible for the Customer to use the Application. After creating the Account, the use of the Application is equivalent to accepting the Terms and Conditions in the form existing at the time of the Announcement.
INTELLECTUAL PROPERTY
The entire content of the Application, including, but not limited to texts, images, graphics, computer programs, as well as any other data and applications, are the property of Ovi-Ride Site and Application Software and / or its partners, being protected according to Law on copyright and related rights with subsequent amendments, as well as all other laws, including but not limited to the applicable laws on intellectual and industrial property rights.
Ovi-Ride Site and Application Software grants the Customer a non-exclusive and temporary right to use the Application for the period during which the Customer keeps his Account active.
LIMITATION OF LIABILITY
The transport service will be provided based on the terms and conditions of each Carrier and based on the applicable legislation. Ovi-Ride Site and Application Software is not responsible for the manner or quality of the provision of the Services, this responsibility being of the Carriers, as providers of the Services. Also, any legal obligation of the Carrier towards the Client will remain the responsibility of the Carrier. To avoid any doubt, Ovi-Ride Site and Application Software does not replace the Carrier and does not provide Customer Services. Ovi-Ride Site and Application Software makes every effort to ensure that Carriers hold the authorizations required by taxi law to perform these services. However, to the extent that there is no evidence that Ovi-Ride Site and Application Software was aware of this case at the time of contracting the flight and would have accepted it, if it is proved that the Carrier did not hold the authorizations required by law at the time of contracting and / or the provision of the flight, the Client may request exclusively from the Carrier the coverage of any damage created.
By creating and using the Account, the Client assumes responsibility for maintaining the confidentiality of the Account data (user and password) and for managing access to the Account and, to the extent permitted by applicable law, is responsible for the activity carried out through his Account.
Ovi-Ride Site and Application Software cannot be held liable for damages of any kind that Customer or any third party may suffer as a result of Ovi-Ride Site and Application Software’s fulfillment of any of its obligations under these Terms and Conditions.
Ovi-Ride Site and Application Software is not responsible for damage in case of force majeure (earthquake, fire, etc.).
FINAL PROVISIONS
The Customer hereby expressly accepts the provisions of the sections “Customer Rights and Obligations” and “Limitation of Liability” above.