YouDrive.lk
website terms and conditions

These terms and conditions apply when you access or use the YouDrive.LK, (we, us, our) or utilise our Services. Please read them carefully. If you have any questions or do not understand anything, please contact us. When you use our Website or utilize our Services, you accept and agree to be bound by our terms and conditions.

     1. Who may utilise our Services?

Our Services are available to individuals over the age of 18 years. If you are registering for or utilising our Services on behalf of a company or another person or entity, you:

must be an officer or agent of the company, person or entity authorised to enter into legally binding contracts on behalf of the company,
person or entity; and represent and warrant to us that you are authorised to do so and that the relevant company, person or entity has consented.

      2. If you register on our Website to obtain access to certain of our Services you must register on our Website. If you register to use our Website or utilise any of our Services, you:

must not create an account for anyone other than yourself (other than a company, another person or entity as set out in clause 1);

must not create a false identity or misrepresent an affiliation with another person or entity;

must not adopt a user name or password that we, in our sole discretion, consider offensive;

must not provide any false information;

must ensure that the information you provide to us, including your contact information, is at all times accurate, complete and up to date;

must not provide your details (including your password) to any other person or do anything that may impact on your security;

agree that we may remove or block a user for any reason including, without limitation, if we believe that the user utilises our Services inappropriately;

warrant that you are at least 18 years of age; and agree to receive notification from us by way of email, SMS or telephone in relation to any of our Services.

     3. Using our Website and Services You are solely responsible for your conduct and the conduct of any person who accesses our Website or Services on your behalf or by using your username or password. You acknowledge that:

it is a condition of access to our Website and Services that you (or anyone acting on your behalf) complies with these terms and conditions;

your password and any other identification must be changed whenever we request you to do so;

you must take all reasonable steps to maintain and safeguard access to our online systems, including protecting your password and other identification;

access privileges to our systems may be revoked at any time without notice if there is a breach of the provisions of these terms and conditions or if there is a security violation; and we may log and monitor your access.

You must notify us as soon as practicable if: 

you become aware of or suspect any unauthorised use of your account or our Website or Services; or there is any change in your name, address or other contact details.

      4. Email and SMS registration

You grant YouDrive.LK your ongoing consent to use your information to promote and market YouDrive.LK’s products and services and make other offers to you (including by making telemarketing calls to you, and sending you electronic messages including via email and SMS). We may continue
to provide this information to you until you indicate otherwise. You may opt out of receiving marketing email and SMS communication by clicking unsubscribe
(email), stop (SMS), or contact YouDrive.lk at [email protected].

      5. Vehicle listings

We do not endorse or guarantee the accuracy of any listing or posted information.

Each user is responsible for any information they post on our website or any listing or any comments on a vehicle or the Services they make. By submitting or posting material on our Website, you represent that it is accurate and that you are the owner of the material or have the explicit consent of the owner of the material to post it. You guarantee that any listing you submit is truthful and in compliance with all applicable laws and regulations (including laws relating to

the roadworthiness of the vehicle and registration of the vehicle). You guarantee that you will at all times conduct yourself ethically in the use of our Website and in any transaction resulting from our Services.

You must not:

post or transmit any defamatory, abusive, obscene, threatening, misleading, or illegal material, or any other material that infringes on the rights of others or interferes with the ability of others to enjoy our Website; or in using our Website or any of our Services, violate the copyright, trademark, or other intellectual property rights of any person or other entity. If at any time you believe that information that has been posted is inaccurate or an opinion is defamatory, offensive or otherwise breaches these terms and conditions, please immediately advise our Customer Service Manager at [email protected].

We may at our discretion deny access to anyone who we believe has breached our terms and conditions.

     6. Renting out or booking (renting) a vehicle

You as a Vehicle Owner, agree to be bound by the following
terms & conditions.

YouDrive.LK shall not be responsible for any loss, damages
or expense incurred by car owner as a result of renting out vehicle using
YouDrive.LK website.

 Owner rents out
vehicle to the general public via YouDrive.LK website at own risk of damages,
loss and expenses

It is owner’s responsibility to take required vehicle
insurance to minimise risk involving car renting.

Vehicle Owner has right to refuse to rent out vehicle at any
time regardless of status of bookings made via YouDrive.LK with a valid reason
(example unreliable renter, drunk driver, renter with no valid driving licence
etc.)

It is Vehicle owner’s responsibility to come to official
agreement with renter before renting out a vehicle with own terms and
conditions.

YouDrive.LK does not check identity, drivability or
reliability of any renter who makes vehicle booking via the website

Vehicle Owner is responsible for renting out a safe,
reliable vehicle to renters

It is Vehicle Owners responsibility to check identity,
driving licence, reliability of renter before renting the vehicle.

YouDrive.LK reserves right to remove a vehicle owner and
listings from YouDrive.LK for no reason.

YouDrive.LK charges Rs. 2000 from each booking made through
the website as administration fee.

YouDrive.LK reserves the right to vary these terms &
conditions and fees applicable at any time and without prior notice.

You, as a Vehicle Renter, agree to be bound by the following
terms & conditions.

You Drive (PVT) LTD shall not be responsible for any loss,
damages or expense incurred by Vehicle Renter as a result of renting a vehicle
using YouDrive.LK website.

Vehicle renters should check all vehicle documents (Inland
Revenue License, Insurance) and condition of vehicle before coming to an
agreement with Vehicle Owner for renting a vehicle.

Renter should provide necessary documents to Vehicle Owner
for proof of identity purposes and comply with all condition set out by the
Owner.

Vehicle Owner may refuse to rent vehicle at any time
notwithstanding the confirmed booking in YouDrive.LK

Renting a vehicle from a Vehicle Owner in YouDrive.LK at
your own risk.

YouDrive.LK reserves the right to vary these terms &
conditions and fees applicable at any time and without prior notice.

      7. Your use of
our Website

You must not:

tamper with or do anything which alters the Website, or
interferes with or affects its working, including removing anything from it;

add anything to our Website or otherwise alter or modify any
part of our Website;

collect or solicit material about any other person,
including email, contact details or login information (including passwords)
from our Website;

attempt to gain unauthorised access to any part of our
Website using another person’s name, details or password;

use the Website to include, list, upload, post or transmit
any information or material that contains Prohibited Content or which is
otherwise prohibited by law or these terms and conditions in any manner or for
any purpose;

use our Website or any service provided through our Website
to conduct surveys, contests, pyramid schemes, send spam, junk email or other
unsolicited messages;

without our prior written consent, frame any of the content
of YouDrive.lk nor incorporate into another website or other service any of our
intellectual property. Requests for permission to frame our content must be
sent by email to our Customer Service Manager at [email protected], or

use or launch any automated system including (without
limitation) any offline readers, spiders or robots onto or through our Website in
a way that:

sends a larger number of request messages to our servers or
to other users of our Website than can reasonably be produced by a human in the
same period using a conventional on-line web browser;

sends spam;

annoys or harasses any person;

collects or harvests any personally identifiable
information;

stores, permanently downloads or redistributes content from
our Website other than as intended or as specifically agreed by us in writing;

circumvents, disables or otherwise interferes with any security-related
features of our Website or contains features that prevent, limit or restrict
use or copying of any content from our Website; or

transfers material to another person or ‘mirrors’ materials
on any other server.

We reserve the right in our absolute discretion to delete,
move, or edit any communication we deem violates these terms and conditions or
is defamatory or insulting in any way.

     8. Links and our
Website

You must not create a link to or from our Website or any
part of our Website:

for Commercial Use or any other purpose, without our prior
written consent;

to or from a website which contains Prohibited Content; or

so that our rights or the rights of a third party, including
without limitation, Intellectual Property Rights are infringed.

You may establish a link to our Website for non-Commercial
Use provided subclause (a) is complied with and the link does not state or
imply any endorsement or sponsorship by us of you, your company, or your site.

If you do create a link to or from our Website (whether with
or without our consent), you do so at your own risk. The exclusions,
disclaimers and limitations set out in these terms and conditions will apply to
your linking to or from our Website and the consequences and actions resulting
from the linking.

     9. Third Party
Websites

This Website may contain links to third party websites. We
are not responsible for the condition or the content of those websites. The
presence of links does not amount, expressly or impliedly, to any endorsement
of those websites or the products or services provided there. Your access to
those websites and use of their products and services is solely at your own
risk.

When accessing third party websites you should read the
terms and conditions (including the privacy policy) applying to the use of
those websites.

Without limiting these terms and conditions, by using our
Website to access third party websites you expressly release and indemnify each
of us and our Affiliates from any and all liability arising from your access or
use of any third party website.

    10. Intellectual
Property Rights

We own or have a right to use the Intellectual Property
Rights in the Website and all of its content. We reserve our rights in it and
assert our right to be recognised as the author of original material on this
Website.

you must not use, copy, modify, transmit, store, publish or
distribute the material on our Website for Commercial Use.

You must not create any other material using material from
our Website without obtaining the prior written consent of the author of the
material.

You must not do anything that partially or entirely
reproduces or exploits or otherwise breaches our or any other person’s
Intellectual Property Rights whether accessible through our Website or
otherwise.

You must not use, reproduce or publish any trade marks
except by saving or printing out a copy of any pages from this Website as
expressly permitted in these terms and conditions. Any use of any of the trade
marks without the express written consent of us or the owner of the trade mark
(as applicable) is prohibited.

Third party trade marks may be featured on this Website from
time to time and are proprietary to their respective owners and protected by
international trade mark or copyright laws. The use of any such trade mark on
this Website is not intended to indicate any association with or endorsement by
the owner of that trade mark.

You agree that:

no title to any Intellectual Property Rights in this Website
or its content transfers to you;

by placing a listing on our Website, you grant a license to us
on a non-exclusive basis, in all copyright and other ownership rights in the
listing, including the right to publish, reproduce, display, adapt, transmit,
or produce derivative works in any medium, including any digital electronic
medium; and

you do not obtain any rights, express or implied, other than
those specifically granted by these terms and conditions.

You grant us a non-exclusive license to publish all listings
you provide to us. We are not responsible for any damage or loss to any
listings, copy, drawings, and art or any other materials you provide.

With the exception of tools within our Website, you may not
store any significant portion of, nor distribute copies of, materials found on
this site, in any form (including Electronic Communication), without the prior
written permission of the owner. Requests for permission to reproduce or
distribute materials found on our Website are to be sent to:
[email protected].

   11. What we don’t
represent or promise

Given the nature of the internet we do not represent or
promise you any of the following:

that you will have uninterrupted or error-free access to or
use of the Website by any method;

that there will not be delays, omissions, interruptions,
inaccuracies, or other problems with the information, products and services
published over our Website;

that any loss or damage will not occur as a result of your
access to and use of our Website or any information on our Website or accessed
from our Website;

that the Website or any links will be error-free or free
from viruses, faults or defects or that any bugs, viruses, Trojan horses or
other corrupting programs will not be transmitted to or through our Website by
any third party;

that there will not be any unauthorised access to or use of
our secure servers which may result in your personal or financial information
being accessed;

that your internet or mobile service provider will allow you
access to the Website. You are responsible for ensuring your service provider
will allow you access to the Website and its content and for any costs and
service fees associated with the access; or

that your computer, mobile or other hardware devices will
allow you access to the Website. You are responsible for ensuring your devices
will allow you access to the Website and its content and for any costs and
service fees associated with the access.

   12. Disclaimer

The following provisions of this clause 11 are not
restricted or modified by any specific provisions, warnings or disclaimers
contained in these terms and conditions or otherwise contained on our Website.

This Website is provided to you ‘as is’. We and our
Affiliates cannot and do not warrant that any of the information or postings
are current, accurate, complete, do not infringe anyone’s intellectual property
rights, or that any of the vehicles are fitness for a particular purpose.

The information on this Website, including (without
limitation) online registration is for information purposes only. If you rely
on any information or material available through our Website or provided by a
third party (e.g. an Owner or Driver), you do so at your own risk.

While we do take steps to ensure that the information we
provide is accurate and up to date, errors may appear from time to time or the
information provided to us by third parties (e.g. Owners and Drivers) may not
be accurate. We therefore cannot and do not guarantee the accuracy of any
information or the performance of any vehicle and do not endorse or approve any
vehicle, Owner or Driver.

You should make your own enquiries and obtain advice
specific to your particular circumstances before making any decisions as to the
hiring or offering for hire of any vehicle. This includes vehicle rental
(whether on a daily, weekly or monthly basis), inception fees, lease term,
insurance, maintenance, vehicle reliability, excess kilometre charges and total
allowed kilometres.

The content is subject to change without notice.

Any views, opinions or findings, news, information items or
other publications on or accessed from our Website are those of the respective
authors and do not necessarily reflect the view, opinions or findings of us or
our Affiliates.

To the maximum extent permitted by law, we and our
Affiliates disclaim any and all responsibility and liability in respect of our
Website and any loss or damage suffered or incurred by a person for any reason
including (without limitation):

access to, inability to access or any interruptions to the
Website;

using or relying on any of the information provided in or
obtained through our Website; or

any of the matters referred to in these terms and
conditions.

To the maximum extent permitted by law but without limiting
your rights under Sri Lanka law:

this Website and its contents are provided without any
representations or warranties of any kind, either express or implied including,
without limitation, any warranties as to the completeness or accuracy of the
information provided through our Website;

we disclaim all warranties, express or implied, in
connection with our Website and your access to and use of our Website;

while we take reasonable commercial steps to ensure the
completeness, accuracy and currency of information and the integrity of our
Website, we do not represent or warrant that the information or facilities
accessible via this Website are accurate, complete or current, or that this
Website will be free of defects, including, but not limited to, viruses or
other harmful elements; and

we exclude every warranty or condition of any kind that
might otherwise apply in relation to the Website, its content, its useability,
inability to use the Website or the services offered through it.

   13. Disclaimer –
electronic communications from us

This clause 12 does not limit any other provisions in these
terms and conditions.

Except as required law, we do not represent, warrant or guarantee
the integrity of any Electronic Communication or that the Electronic
Communication is free of errors, virus, interception or interference.

While care has been taken to ensure the accuracy of the
information contained in any Electronic Communication, we and our Affiliates
accept no responsibility for any errors or for any consequence of its use. Any
action taken, or omission made by you or any other person in reliance of this
information is taken or made at the sole risk and expense of the user of that
information.

You should not rely on the contents of any Electronic
Communication for the purpose of ascertaining the legal rights or obligations
of you or any other person or for any other purpose without first obtaining
legal or other relevant professional advice.

   14. Limitation of
Liability

We are not liable, and each of our Affiliates is not liable,
for any direct, indirect, incidental, special, punitive or consequential
liability, loss (including but not limited to loss of data, income, profit or
opportunity, loss of or damage to property and claims of third parties, death,
personal injury or any loss, damage or expense) you incur or suffer that arises
out of your access to, use of or reliance on our Website or our Services, any
of the content of the Website or your inability to use it or the hiring of any
vehicle. This applies even if we have been informed that the liability, loss,
damage or expense will or may result.

Nothing in these terms and conditions or in our dealings
with you affects your statutory rights including those under the Competition
and Consumer Act. To the extent of any inconsistency between these terms and
conditions and your statutory rights under the Competition and Consumer Act,
your statutory rights under the Competition and Consumer Act will apply.

    15. Indemnity

You continually indemnify us and our Affiliates against any
claim or proceeding that is made, threatened or commenced and against any
liability, loss, damage or expense (including legal costs on a full indemnity
basis) any of them incurs or suffers, as a direct or indirect result of any of
the following:

your use of and access to our Website or any of our Services
provided through our Website;

a breach of these terms and conditions;

a wilful, unlawful or negligent act or omission by you;

your violation of any third party right or law, including
(without limitation) any Intellectual Property Rights, defamation or criminal
laws;

a claim that you caused damage to a third party; or

your use of any information obtained from or through our
Website.

You are solely responsible for all costs arising from your
use of our Website.

   16. Privacy policy

These terms and conditions incorporate our Privacy Policy, a
copy of which is available at Privacy Policy .

By providing us with any Personal Information through our
Website, you consent to our collection of your Personal Information to enable
us to process your payments or provide the information or Services you have
requested and for the other purposes set out in our Privacy Policy.

   17. Governing Law

This Website is controlled and operated in Sri Lanka. It is
and will be deemed to be based solely in Sri Lanka.

These terms and conditions are governed by and construed in
accordance with the laws in Sri Lanka. Any dispute under these terms shall be
subject to the exclusive jurisdiction of the courts of Sri Lanka and, by using
this Website, you submit to the jurisdiction of such courts for such purposes
and waive any and all objections to jurisdiction or venue in such courts.

   18. Miscellaneous

We reserve the right to vary these terms and conditions at
any time. The latest terms and conditions will be posted on our Website.

Each time you access our Website you should review the terms
and conditions. You will be bound by the terms and conditions posted on our
Website each time you access.

The fact that we fail to do, or delay in doing, something we
are entitled to do under these terms and conditions, does not amount to a
waiver of any obligation of, or breach of obligation by you. A waiver by us is
only effective if it is expressly given in writing. A waiver of any provision
of these terms and conditions will not operate as a waiver of any other
provision, or a continuing waiver of the same provision or a similar provision
in the future.

A provision of these terms and conditions must not be
construed to the disadvantage of a party merely because that party was
responsible for the preparation of or the inclusion of any provision in these
terms and conditions.

If a clause or part of a clause can be read in a way that
makes it illegal, unenforceable or invalid, but can also be read in a way that
makes it legal, enforceable and valid, it must be read in the latter way. If
any clause or part of a clause is illegal, unenforceable or invalid, that
clause or part is to be treated as removed from this document, but the rest of
these terms and conditions are not affected.

If any court of competent jurisdiction finds any provision
of these terms and conditions to be void or unenforceable for any reason, that
provision will be ineffective to the extent of the court’s finding without
affecting the validity and enforceability of any remaining provisions.

These terms and conditions represent the entire
understanding and agreement between the parties relating to the subject matter
herein and supersede any and all prior statements, understandings or agreements
whether oral or written.

You may not transfer or assign these terms and conditions or
any rights or licences granted under these terms and conditions. We may
transfer or assign these terms and conditions and your account without
restriction or notification.

Clauses 1(b)(ii), 11, 12, 14, 15, 17 and 18 (inclusive)
survive termination or expiration of these terms and conditions and cessation
of your use of our Website for any reason.

   19. Definitions

Affiliates means our officers, employees and other
personnel, agents, contractors, partners, principals, licensors, suppliers and
service providers.

Commercial Use includes (without limitation):

sale of access to our Website or our services by way of
another website;

using our Website or our services for the purposes of
selling goods or services or for advertising goods or services other than as
expressly permitted by our Website;

any use of our Website or our services for the purpose of
competing with or displacing our Website or services; or

soliciting any users of our Website for any commercial
purpose.

Driver or Renter means the person or persons seeking to or
renting a vehicle.

Electronic Communication means a communication of
information in the form of:

data, text or images by guided or unguided electromagnetic
energy; or

sound by guided or unguided electromagnetic energy, if the
sound is processed at its destination by an automated voice recognition system,

including, without limitation, by way of email or text messaging.

Intellectual Property Rights means copyright, trade marks
(whether registered or not), patents, patent applications, eligible circuit
layouts, moral rights, service marks, trade names, registered designs,
unregistered design rights, know how, trade secrets, domain names, internet
addresses, rights in confidential information and all and any other
intellectual property rights, whether registered or unregistered, and including
all applications and rights to apply for any of the same.

Owner means an owner of a vehicle.

Personal Information has the meaning given to that term
under our Privacy Policy.

Prohibited Content includes content that:

is abusive, threatening, obscene, vulgar, offensive,
defamatory, hateful, discriminatory, unlawful, pornographic, racist,
sexually-oriented or otherwise considered by the us as inappropriate;

contravenes any applicable laws (including without
limitation laws concerning Intellectual Property Rights); or

infringes the rights of a third party (including without limitation
laws concerning Intellectual Property Rights, privacy or personal or
proprietary rights).

Services means the peer to peer on-line vehicle hiring
services we provide to Owners and Drivers.

Website means www.YouDrive.lk

you, your means the person accessing and using our Website.

 

Introduction

Your privacy on the Internet is of the utmost importance to You Drive (PVT) Ltd and to comply with any applicable data protection and privacy laws. We want to ensure that you fully understand the terms and conditions surrounding the capture and use of that information. This online privacy statement explains how You Drive (PVT) Ltd collects, uses and shares information from or about you when you visit a web site, and how we collect information based on your interactions with our online systems. This privacy policy applies to all You Drive (PVT) Ltd web sites.

Information collected and stored by You Drive (PVT) Ltd.

Personal Information

We will not collect personal information like names or addresses when you visit our website unless you choose to provide it to us. If you register for an online account in YouDrive.lk, you will be asked for information that helps to identify you, such as your name, email address, and organization. The information you are asked to provide is used for technical and customer administration of the site only and is not shared with third parties.

Non-personally identifiable information

We automatically gather and store certain technical information about your visit. This information never identifies who you are. The information we collect and store about your visit is listed below:

• IP Addresses: The Internet protocol (IP) address which is assigned to your computer whenever you are access the bank’s web sites will be recorded.
• Browser type: The type of browser (for example, Internet Explorer, Firefox) which you are using for accessing the bank’s web sites will be recorded.
• OS version: The type of operating system (for Microsoft, Linux) which you are using for accessing the bank’s web sites will be recorded.
• Date & Time: Date and time which you are using for accessing the YouDrive.lk web sites will be recorded.
• Visited pages: Name of the visited web page will be recorded.

This information is used to help us make the site more useful for you. With this data we learn about the number of visitors to our site and the types of technology our visitors use. We also use this data to optimize the site’s technical design specifications and/or identify system performance or problem areas. This information is used as a source of anonymous statistical data and is retained for a period of five years; it is shared only when required for law enforcement purposes.

Cookies

A ‘cookie’ is a small bit of code stored on your computer’s hard drive that enables you to manage your subscriptions and online profile. By setting this cookie, the web sites will remember you the next time you visit and won’t have to bother you by asking questions you have already answered (like address information). The You Drive (PVT) Ltd does not use ‘cookies’ to get information about you or your use of our website.

Security

When we transmit highly confidential information (such as a username, password and credit card number) over the Internet, we protect it through the use of encryption, such as the Secure Socket Layer (SSL) protocol and there are variety of procedures and security technologies to protect customer’s personal information from unauthorized access, use, or disclosure.

It is your responsibility to keep your username and password confidential which is used for accessing online system sites of the You Drive (PVT) Ltd. Do not share this information with anyone. If you are sharing a computer with anyone you should always properly log out before leaving the computer.

You Drive (PVT) Ltd would like to remind all its customers that YouDrive.lk does not direct customers to change passwords in any way outside the usual method or use any external websites.

It is your responsibility to verify the URL before you access any published information on the internet by You Drive (PVT) Ltd.

Additional Information

Making sure information is accurate

Keeping your account information accurate and up to date is very important. If your account information is incomplete, inaccurate or not current, please use the Contact Us option on our Site, or call or write to us at the telephone numbers or appropriate address for changes listed on your account statements, records, online or other account materials.

Linking to other sites

We may provide links to non-You Drive (PVT) Ltd websites, such as payment gateway customers. If you follow links to websites not controlled by You Drive (PVT) Ltd, you should review their privacy policies and other terms, as they may be different from those of our sites.

How to Contact Us

If you have a question about the way your information is used in connection with this website or about You Drive (PVT) Ltd privacy policy and information practices, you may go to the Contact US

Changes to the Online Privacy Policy

This Online Privacy Notice is subject to change. Please review it periodically. Any changes to this policy will become effective when we post the revised policy on the Site. Your use of the Site following these changes means that you accept the revised policy.