Last Updated: February, 2020
PLEASE BE INFORMED: ENDEAVOUR TO READ THESE TERMS CAREFULLY, AS THEY HOLD VERY IMPORTANT INFORMATION AS REGARDS OUR TERMS OF SERVICE AND YOUR RIGHTS AND OBLIGATIONS.
These Terms of Service constitute a legally binding agreement (the “Agreement”) between you and Pasi Enterprise Limited, its parents, subsidiaries, representatives, affiliates, officers and directors (collectively, “Driverate,” “we,” “us” or “our”) governing your use of the Driverate application, website, and technology platform (collectively, the “Driverate Platform”). By accessing and using Driverate, you agree to comply with these Terms. If you are using Driverate on behalf of a company or other legal entity, then "you" also means such company or legal entity and you agree to be bound by these Terms even if we have a separate agreement with you.
You should be aware that at any time, at our discretion, the terms of this Agreement may be changed without directly informing you. In order to ensure you are informed of any changes to this Agreement, you should review them occasionally; it is your sole responsibility to remain informed. If, at any time, you do not agree to any changes or modifications to the terms of this Agreement, you may remedy the situation by simply discontinuing your use of the Website.
SITE AVAILABILITY AND SUPPORT
You may access the Site if and when it is available. We do not guarantee availability of the Site and the Site may occasionally be down for service, upgrades, or for other reasons. To the maximum extent authorized under applicable law, we reserve the right to change, remove, delete, restrict, and block access to, or stop providing any or the entire Site at any time and without notice. We have no obligation to provide support in relation to the Site.
THE DRIVERATE PLATFORM
The Driverate Platform is a magic formula platform / system, designed to enable Employers Rate their Driver “Employees” online. Employers and Drivers are collectively referred to herein as “Users,” and the driving services provided by Drivers shall be referred to herein as "Driver Services". As a User, you authorize Driverate to display rating details such as Driver’s Name, Identity Number, License Number, and Period the driver worked, user preferences, and platform efficiency, etc.
In either case, your use of bikes and scooters through the Driverate Platform is subject to additional agreements between you and Driverate and third parties as applicable ("Supplemental Agreements"). Please review any applicable Supplemental Agreements carefully. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF A SUPPLEMENTAL AGREEMENT, YOU MAY NOT USE DRIVERATE PLATFORM. In the event of any conflict between this Agreement and the terms and conditions of any Supplemental Agreement, the terms of this agreement shall control.
The Website is made available exclusively to bring about accountability to drivers. It also helps bring safety on roads, sanity in transport industry, and help protect the assets and investment of partners (driver’s employers). Take it this way. Driverate is CRB (Credit Reference Bureau) for drivers.
Pasi Enterprise Limited reserves the right to modify the terms and conditions of this Agreement, such modifications shall be binding on you only upon your acceptance of the modified Agreement. Pasi Enterprise Limited reserves the right to modify any information on pages referenced in the hyperlinks from this Agreement from time to time, and such modifications shall become effective upon posting. Continued use of the Driverate Platform after any such changes shall constitute your consent to such changes. Unless material changes are made to the arbitration provisions herein, you agree that modification of this Agreement does not create a renewed opportunity to opt out of arbitration (if applicable).
ELIGIBILITY TO USE DRIVERATE
To use the Services you must be, and represent and warrant that you are, of legal age and competence in the jurisdiction in which you are accessing the Services. By using the Services on behalf of any third party, you are representing to us that you are an authorized representative of that third party and that your use of the Services constitutes that third party’s acceptance of these Terms. If you have been previously prohibited from accessing the Services by Driverate, you are not permitted to access the Services.
Except as set forth above, or as otherwise approved by us, Driverate is for your personal, non-commercial use unless you enter into a separate agreement with us for your commercial use.
ACCOUNT REGISTRATION AND CONFIDENTIALITY
In order for you to create a Driverate account, we require that you provide a valid email address. The email you use must be one where we can reach you. If you create an account to use any of the Services, during the registration process, you must select a user name and password. Once you have set up a password, you will be given access to your profile and other private areas of your account. It is your responsibility to ensure that your password remains confidential. By registering, you agree that you will not allow others to use your account and that you are fully responsible for all activities that occur under your user name. We may assume that any communications we receive under your account have been made by you. You agree to notify us immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
Social Sign Up and Sign In. You may be able to register an account and subsequently access Driverate through a social networking site, such as Facebook ("Social Networking Site"). If you access Driverate through a Social Networking Site you agree that we may access, make available through Driverate, and store (if applicable) any information, data, text, messages, tags, and/or other materials that you have provided to and stored and made accessible in your Social Networking Site account so that it is available on and through Driverate via your account and your Profile page. Subject to the privacy settings that you have set with the Social Networking Site account you use to access Driverate, personally identifiable information that you post to that Social Networking Site may be displayed on Driverate. Please note: your relationship with your Social Networking Sites is governed solely by your agreement with those Social Networking Sites and we disclaim any liability for personally identifiable information that may be provided to us by a Social Networking Site in violation of the privacy settings that you have set with that Social Networking Site account.
UNAUTHORIZED ACCOUNT USE
You agree to notify Pasi Enterprise Limited immediately of any unauthorized use of your account or any other breach of security. We will not be liable for any loss, damages, liability, expenses or legal fees that you may incur as a result of someone else using your password or account, either with or without your knowledge, and regardless of whether you have or have not advised us of such unauthorized use. You will be liable for losses, damages, liability, expenses and legal fees incurred by Driverate or a third party due to someone else using your account.
You represent and warrant that you will use Driverate solely for lawful purposes in a manner consistent with these Terms and any and all applicable laws, regulations, or other legally enforceable obligations (including contractual obligations) you may have towards us and any third parties. You are solely responsible for any and all Content that is posted through your account on Driverate ("Your Content").
You agree that you will not:
Impersonate another person, or his or her email address, or misrepresent your current or former affiliation with an employer;
Create user accounts under false or fraudulent pretenses; create or use an account for anyone other than yourself; or create multiple active user accounts to post multiple reviews for the same company
Post Content that you do not own or have the right to post in accordance with the license set forth in these Terms;
Violate these Terms, the terms of your agreements with us, explicit restrictions set forth in our Community Guidelines, or any applicable law, rule or regulation;
Post Content that is defamatory, libelous, or fraudulent; that you know to be false or misleading; or that does not reflect your honest opinion and experience;
Act in a manner that is harassing, threatening, abusive, racist or bigoted, is otherwise objectionable (as determined by Driverate);
Promote, endorse or further illegal activities;
Disclose information in violation of any legally enforceable confidentiality, non-disclosure or other contractual restrictions or rights of any third party, including any current or former employers or potential employers;
Violate the privacy, publicity, copyright, patent, trademark, trade secret, or other intellectual property or proprietary rights of any third-party;
Post anything pornographic or sexually explicit in nature, or engage in the exploitation of persons in a sexual or violent manner;
Solicit personally identifying information from minors;
Except as expressly approved by us, and subject to applicable laws, use Driverate for commercial activities and/or promotions such as contests, sweepstakes, barter, pyramid schemes, advertising, affiliate links, and other forms of solicitation;
Imply a Driverate endorsement or partnership of any kind without our express written permission;
Send messages in violation of the CAN-SPAM Act or any other applicable anti-spam law;
Introduce software or automated agents to Driverate, or access Driverate so as to produce multiple accounts, generate automated messages, or to scrape, strip or mine data from Driverate without our express written permission;
"Frame" or "mirror" or otherwise incorporate part of Driverate into any website, or "deep-link" to any portion of Driverate without our express written permission.
Copy, modify or create derivative works of Driverate or any Content (excluding Your Content) without our express written permission);
Copy or use the information, Content (excluding Your Content), or data on Driverate in connection with a competitive service, as determined by Driverate;
Sell, resell, rent, lease, loan, trade or otherwise monetize access to Driverate or any Content (excluding Your Content) without our express written permission;
Interfere with, disrupt, modify, reverse engineer, or decompile any data or functionality of Driverate;
Interfere with, disrupt, or create an undue burden on Driverate or the networks or services connected to Driverate;
Introduce any viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or similar software to Driverate; or Attempt to circumvent any security feature of Driverate;
From time to time we may provide you with templates for your use, such as, templates to help employers solicit reviews from your employees. You understand and agree that the templates we offer through Driverate are provided as suggestions and their contents do not constitute legal or employment advice. With respect to job description templates, you understand and agree that we cannot guarantee that a description properly applies to the specific circumstances of your hiring needs. You accept that your use of any template provided by Driverate is at your own risk.
PAYMENTS / RESTRICTION
We reserve the rights to turn any part of our service within the Website to a paid service and thus restrict access to certain areas of the Website unless a certain fee is paid to us. Additional we reserve the right to restrict access to other areas of the Website, or the whole Website, at our discretion.
INTELLECTUAL PROPERTY RIGHTS
The Services and all associated intellectual property rights are owned and operated by Pasi Enterprise Limited and contain material which is derived in whole or in part from material supplied by Pasi Enterprise Limited and its partners, as well as other sources, and is protected by copyright laws, international treaty provisions, trademarks, service marks and other intellectual property laws. The Services are also protected as a collective work or compilation under copyright and other law and treaties. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the Services. You acknowledge that the Services have been developed, compiled, prepared, revised, selected, and arranged by Pasi Enterprise Limited and others through the application of methods and standards of judgement developed and applied through the expenditure of substantial time, effort, and money and constitute valuable intellectual property of Pasi Enterprise Limited and such others. You agree that you have and shall have no right over any of the proprietary rights in or associated with the Services save as set out in these Terms, and you shall protect such rights of Pasi Enterprise Limited and all others having rights in the Services during and after the term of these Terms and to comply with all reasonable written requests made by Pasi Enterprise Limited or its suppliers and licensors of content or otherwise (“Suppliers”) to protect their and others’ contractual, statutory, and common law rights in the Services. You agree to notify Pasi Enterprise Limited immediately upon becoming aware of any unauthorized access or use of the Services by any individual or entity or of any claim that the Services infringe upon any copyright, trademark, or other contractual, statutory, or common law rights. All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how, and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including without limitation rights in and to all applications and registrations relating to the Services shall, as between you and Pasi Enterprise Limited, at all times be and remain the sole and exclusive property of Pasi Enterprise Limited.
You may not use any of Pasi Enterprise Limited’s trademarks, trade names, service marks, copyrights, or logos in any manner which creates the impression that such items belong to or are associated with you or, except as otherwise provided herein, are used with Pasi Enterprise Limited’s consent, and you acknowledge that you have no ownership rights in or to any such items.
INTELLECTUAL PROPERTY INFRINGEMENT POLICY
It is the policy of Driverate to take appropriate action where necessary to uphold and recognize all relevant State, Federal and International laws in connection with material that is claimed to be infringing any trademark, copyright, patent and all or any other Intellectual Property laws. If you are an intellectual property rights owner and you believe that Pasi Enterprise Limited sells, offers for sale, or makes available goods and/or services that infringe your intellectual property rights, send the following information below in its entirety to our physical address: PASI ENTERPRISE LIMITED:- _____________________________________________________________________________.
An electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive that is allegedly infringed;
A description of the allegedly infringing work or material;
A description of where the allegedly infringing material is located on the site (product(s) URL);
Information reasonably sufficient to allow us to contact you, such as your address, telephone number and e-mail address;
A statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright or other proprietary right owner, its agent, or the law;
Identification of the intellectual property rights that you claim are infringed by the Website(e.g. "XYZ copyright", "ABC trademark, Reg. No. 123456, registered 1/1/04",etc);
A statement by you that the above information and notification is accurate, and under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the owner whose exclusive right is allegedly infringed.
USER CONTENT AND FEEDBACK
When you post User Content on or through the Services, you grant Pasi Enterprise Limited a world-wide, perpetual, irrevocable, royalty-free, non-exclusive, and sub-licenseable license to use, copy, distribute, reproduce, modify, edit, adapt, publicly perform, publicly display, translate, create derivative works from, sell, lease, transmit, disassemble, and publish such User Content, in whole or in part, in any format or medium now known or developed in the future, including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels. You acknowledge and agree that your user name may be associated with any User Content that you post.
You acknowledge and agree that Pasi Enterprise Limited and its designees may or may not, at Pasi Enterprise Limited's discretion, pre-screen User Content before its appearance on the Services, but that Pasi Enterprise Limited has no obligation to do so. You further acknowledge and agree that Pasi Enterprise Limited reserves the right (but does not assume the obligation) in its sole discretion to reject, move, edit or remove any User Content that is contributed to the Services. Without limiting the foregoing, Pasi Enterprise Limited and its designees shall have the right to remove any User Content that violates these Terms or is otherwise objectionable in Pasi Enterprise Limited's sole discretion. You acknowledge and agree that Pasi Enterprise Limited does not verify, adopt, ratify, or sanction User Content, and you agree that you must evaluate and bear all risks associated with your use of User Content or your reliance on the accuracy, completeness, or usefulness of User Content. You understand that by using the Services, you may be exposed to User Content that you may consider offensive or objectionable. You also acknowledge that Pasi Enterprise Limited is a provider of an interactive computing service, Pasi Enterprise Limited expressly reserves its rights to not be treated as the publisher or speaker of any information provided by another information content provider on or through the Services.
Note that any information provided to us by e-mail or other mediums, including but not limited to feedback, data, answers, questions, comments, suggestions, plans, ideas or the like, shall be deemed to be non-confidential, and we assume no obligation to protect such information from disclosure. The submission of such information to us shall in no way prevent the Driverate, manufacture or use of similar products, services, plans and ideas by us for any purpose whatsoever, and we shall be free to reproduce, use, disclose and distribute the information to others without restriction.
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-sublicensable, non-transferable, and revocable right to access and use the Services for your own personal use for the purpose that it is provided consistent with the Terms.
Pasi Enterprise Limited reserves the right, in its sole and absolute discretion, to remove any User Content, block access to the Services, and/or cancel the account of any user.
Reviews on Driverate: In no event shall employees offer incentives in exchange for reviews. You may not trade reviews with other employers. We will remove reviews where we have evidence that users were compensated to leave reviews.
You may not coerce employers to leave reviews. Coercion includes asking employers to provide proof to an employee that they wrote a review whether or not that proof includes the content of the review itself. As an employer, you agree that you have reviewed and will abide by the Driverate guidelines.
THIRD PARTY LINKS
The Website may include links to Third Party Websites. Pasi Enterprise Limited makes no guarantee as to the content, functionality, or accuracy of any Third Party Websites. Third Party Websites are subject to the terms and conditions outlined by that third party.
Any links to Third Party Websites do not:
indicate a relationship between Pasi Enterprise Limited and the third party; or
indicate any endorsement or sponsorship by Pasi Enterprise Limited of the Third Party Website, or the goods or services it provides,
The Website is linked to various social networking sites, including Facebook and Twitter etc. You acknowledge and agree that:
any comments or content that you post on such social networking sites through a link provided on the Website, are subject to the terms and conditions of that particular social networking site;
you will not post any comments that are false, misleading, deceptive or defamatory to Pasi Enterprise Limited or its employees, agents, or officers, or which may damage the reputation of Driverate; and
we are not responsible or liable for any comments or content that you or other Users post on social networking sites.
If you create a link to the Website, the website from which you create the link must not contain any illegal, offensive or distasteful material, including (but not limited to) material that promotes harassment or discrimination.
THE SITE, SERVICES WILL MEET YOUR REQUIREMENTS;
THE SITE, SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, SERVICES WILL BE EFFECTIVE, ACCURATE, OR RELIABLE;
THE QUALITY OF THE SITE OR ANY SERVICES PURCHASED OR ACCESSIBLE BY YOU WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS OR DEFECTS IN THE SITE, SERVICES WILL BE CORRECTED.
THIS SITE, SERVICES MAY INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS. PASI ENTERPRISE LIMITED MAY MAKE CHANGES TO THE SITE SERVICES AT ANY TIME IN ITS SOLE DISCRETION AND WITHOUT NOTICE. THE SITE SERVICES MAY BE OUT OF DATE, AND PASI ENTERPRISE LIMITED MAKES NO COMMITMENT TO UPDATE THE SITE, SERVICES. YOU ACKNOWLEDGE AND AGREE THAT:
PASI ENTERPRISE LIMITED DOES NOT CONTROL, ENDORSE, OR ACCEPT RESPONSIBILITY FOR ANY SERVICES OFFERED BY THIRD PARTIES, INCLUDING THIRD-PARTY VENDORS AND THIRD PARTIES ACCESSIBLE THROUGH LINKED SITES;
PASI ENTERPRISE LIMITED MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER ABOUT ANY SUCH THIRD PARTIES OR SERVICES;
ANY DEALINGS YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK; AND
PASI ENTERPRISE LIMITED SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY SERVICES OFFERED BY THIRD PARTIES.
PASI ENTERPRISE LIMITED SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO THE SITE, SERVICES AND ANY ACTIONS RESULTING FROM YOUR USE OF THE SITE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PASI ENTERPRISE LIMITED WILL HAVE NO LIABILITY RELATED TO USER, ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES ARE LIMITED TO NINETY (90) DAYS.
LIMITATION OF LIABILITY
IN NO EVENT SHALL PASI ENTERPRISE LIMITED, ITS AFFILIATES OR RESELLERS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, PARTNERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR LOSSES OF ANY KIND, OR ANY DAMAGES OR LOSSES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT FORESEEABLE OR IF PASI ENTERPRISE LIMITED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, AND ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH:
THE ACCESS OR USE OF OR THE INABILITY TO ACCESS OR USE THE SITE SERVICES ;
THE STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR VIA THE SITE OR SERVICES;
ANY DEALINGS WITH VENDORS OR OTHER THIRD PARTIES;
ANY FAILURE TO STORE OR LOSS OF DATA, FILES, OR OTHER CONTENT;
ANY SERVICES AVAILABLE THAT ARE DELAYED OR INTERRUPTED;
ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE; OR
YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE ANY LINKED SITE.
ADVERTISEMENTS AND PROMOTIONS
Pasi Enterprise Limited may run advertisements and promotions from third parties via the Site, Services or in any manner or mode and to any extent. Your communications, activities, relationships and business dealings with any third parties advertising or promoting via the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, shall be solely matters between you and such third parties. You acknowledge and agree that Pasi Enterprise Limited is not responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such advertisers on the Site or in connection with the Services.
You agree to indemnify and hold Pasi Enterprise Limited (and its officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a.) your use of the Site, (b.) your violation of these Terms, (c.) your violation of applicable laws or regulations or (d.) your User Content. Pasi Enterprise Limited reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Pasi Enterprise Limited. Pasi Enterprise Limited will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
LINKS AND THIRD PARTY WEBSITES
We may include links to third party websites at any time. However, the existence of a link to another website should not be considered as an affiliation or a partnership with a third party or viewed as an endorsement of a particular website unless explicitly stated otherwise.
In the event the user follows a link to another website, he or she does so at his or her own risk. We accept no responsibility for any content, including, but not limited to, information, products and services, available on third party websites.
Creating a link to this website is strictly forbidden without our prior written consent. Furthermore, we reserve the right to revoke our consent without notice or justification.
The communications between you and Pasi Enterprise Limiteds use electronic means, whether you use the Site or send us emails, or whether Pasi Enterprise Limiteds posts notices on the Site or communicates with you via email. For contractual purposes, you (a.) consent to receive communications from Pasi Enterprise Limiteds in an electronic form; and (b.) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Pasi Enterprise Limiteds provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. The foregoing does not affect your non-waivable rights.
AMENDMENTS TO THE WEBSITE
We may, either partially or in its entirety and without being obligated to provide prior notice – modify, adapt or change the Website (or any of its content), the extent and availability of the contents in the Website and any other aspect related to the Website. You will have no claim, complaint or demand against us for applying such changes or for failures incidental to such changes.
TERMINATION OF USE
You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website and Resources with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.
We may seek immediate injunctive relief if we make a good faith determination that a breach or non-performance is such that a temporary restraining order or other immediate injunctive relief is the only appropriate or adequate remedy.
SEVERANCE AND WAIVER
You acknowledge and agree that if any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. Furthermore, if any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision.
The Site's failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Site.
These Terms constitute the entire agreement between you and us regarding the use of the Site. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. This agreement does not establish any partnership, joint venture or agency between the Company and you. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without the Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Pasi Enterprise Limited may freely assign these.
Notice: All notices required or permitted to be given under these Terms of Service, shall be in writing and shall be deemed to have been duly given if delivered personally or sent by pre-paid telex, telefax or telegram, or mailed first-class, postage pre-paid, by registered or certified mail (notices sent by telex or telefax, or telegram, shall be deemed to have been given on the date sent; those mailed shall be deemed to have been given ten (10) business days after mailing) to the addresses set forth below or to such other address as any party shall designate by notice in writing.
If to Pasi Enterprise Limited
JURISDICTION AND CHOICE OF LAW
These Terms shall be governed by, construed and enforced in accordance with the laws of Kenya without regard to its choice of law provisions. Any action you or any third party may bring to enforce these Terms, or in connection with any matters related to the Site, shall be brought only in either the state or Federal courts located in Kenya, and you expressly consent to the jurisdiction of said courts. You also agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
These Terms constitute the entire agreement between you and the Site and govern your use of the Site, superseding any prior agreements between you and the Site. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software, or visit another site linked to by this Site. The section titles in these Terms are for convenience only and have no legal or contractual effect.
Please report any violations of these Terms to: email@example.com
We may at any time, and without the need for further consent from you, assign or transfer all or any of our rights or obligations under these Terms and Conditions to any person.
You may not assign or transfer any of your rights or obligations under these Terms and Conditions without obtaining our prior written consent.
You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Assigning or sub-contracting any of your rights or obligations under these Terms of Sale to any third party is prohibited unless agreed upon in writing by the seller. We reserve the right to transfer, assign or sub-contract the benefit of the whole or part of any rights or obligations under these Terms of Sale to any third party.
Please send any questions, suggestions or comments (including all inquiries unrelated to copyright infringement) regarding this Site to our physical office address:
Pasi Enterprise Limited
Updated December, 2019
This Policy describes how Driverate collects, processes, uses, shares and secures the personal information you provide. It also describes your choices regarding use, access, and correction of your personal information. For purposes of this Policy, personal information shall mean any information relating to an identified or identifiable natural person.
This Policy does not apply to information that we collect through other channels, such as information that we collect offline, from other websites or from emails you send us. It will notify you of the following:
What information we collect;
With whom it is shared;
How it can be corrected;
How it is secured;
How policy changes will be communicated; and
How to address concerns over misuse of personal data.
INFORMATION WE COLLECT
We collect information about you to provide our services. In order for us to best provide our services to you (and to help make it feasible for us to do so), it is essential that we are able to collect and use the information as described in this Policy. This means that the data collection is largely necessary for fulfilling the relationship we have with you, and where that is not the case, we have a legitimate interest in collecting the information described below.
We are the sole owners of the information collected on this site. We only have access to/collect information that you voluntarily give us. We will not sell or rent this information to anyone.
Finally, Driverate collects information that falls under two general categories: Personally Identifiable Information (PII) and Non-Personally Identifiable information (Non- PII). PII consists of any information which can be used to specifically identify you as an individual, whereas non-PII consists of aggregate information or any information that does not reveal your identity.
INFORMATION YOU PROVIDE US
When you fill out registration forms, or provide us with other personal information actively, we collect that information for processing and use in accordance with this Policy. Because we change our offerings and features from time to time, the options you have to provide us with personal information also may change, but here are some examples of situations in which you will have the opportunity to provide personal information to us:
Creating an account;
Signing up for email alerts;
Completing a form related to one of our products or services;
Sending messages through Driverate
Contacting us for technical support or customer service.
How you interact with our Platform determines the personal information we may collect from you. For example, to create an account we may ask only for an email address and password. In other circumstances, such as when you complete a form related to a particular service offering, we may ask you to provide other information, which may include your name, phone number, and/or postal address. We also collect and store certain information associated with actions you take.
In the event that you connect to the Platform using Facebook, Google+, or another social networking site (each a "Social Networking Site"), we will receive information that you authorize the Social Networking Site to share with us, which may include public profile information, birthday, current city work, school, and email address. When we receive this information, it becomes Driverate account information for purposes of your use of the Platform. This information also constitutes personal information and is therefore subject to this Policy. Any information that we collect from your Social Networking Site account may depend on the privacy settings you have set with the Social Networking Site, so please consult the Social Networking Site's privacy and data practices. You have the ability to disconnect your Social Networking Site account from your Driverate account by adapting the privacy settings in your Social Networking Site account. If you come to the Platform through a Social Networking Site, from other websites or with devices that enable third parties to collect information from or about you, such third parties receive information about you subject to their privacy policies.
When you set up an individual user account on the Platform, you may create a profile (a "Profile") that will include personal information you provide. Also, when you fill out and save your Profile, your saved Profile can be viewed by other employers or users, subject to visibility settings you control.
We process, monitor, review, store and analyze such content and other materials, including via automated means, for data analysis, quality control, enforcement of our Terms, and improvement of our services. Examples of such improvements would be optimizing our search results, improving rating transparency, and preventing fraud and spam.
Driverate may also receive or collect certain technical information when you use our Services. This may include: your browser or operating system, your manner of connecting to the Internet (including the type of device you are using) and the name of your Internet service provider or wireless carrier; your Internet protocol (IP) address; information about www.driverate.co Services that you used prior to registering with Driverate; and data relating to malfunctions or problems occurring when you use Driverate Services. Additionally, we may collect information about other software on your device for the limited purpose of protecting your security or improving your online experience.
We will use this information to comply with your request for information or as otherwise disclosed to you when you submit your information. From time to time, we may refer to that information to better understand your needs and how we can improve our services. We may use that information to contact you. We will not otherwise transfer the personal information you provide on the Site to any third party unless otherwise disclosed to you.
We, and/or our authorized Third Party Service Providers and Advertisers, may automatically collect this Non-Personally Identifiable information when you visit our Website through the use of electronic tools like Cookies and Web beacons or Pixel tags, as described below.
Web Beacons: “Web beacons” (also known as “clear gifs” and “pixel tags”) are small transparent graphic images that are often used in conjunction with cookies in order to further personalize our website for our users and to collect a limited set of information about our visitors. We may also use web beacons in email communications in order to understand the behavior of our customers. We do not link the web beacons to any PII.
Log Files: Any time you visit any of our websites, our servers automatically gather
information from your browser (such as your IP addresses, browser type, Internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks) to analyze trends, administer the site, prevent fraud, track visitor movement in the aggregate, and gather broad demographic information. For example, we may log your IP address for system administration purposes. IP addresses are logged to track a user’s session. This gives us an idea of which parts of our site users are visiting. We do not share the log files externally. We also collect information about you when you register or subscribe to any of our services.
Others: Demographic Data, Online Survey Data, Information Regarding Your Staff, Public Forums etc. are still part of the information that we may collect and gather from you. In addition to some of the above stated uses, by using our site, you agree to allow us to anonymously use the information from you and your experiences to continue our research.
Generally, we may use the information we collect from you when you register, sign up for our newsletter, respond to a survey or marketing communication, surf the website, or use certain other site features in the following ways:
To personalize user's experience and to allow us to deliver the type of content and product offerings in which you are most interested,
To analyze how the Driverate community uses the Driverate Platform;
To improve our website in order to serve you better,
To allow us to better service you in responding to your requests,
To moderate and display the employer reviews,
To communicate with you or initiate communication with you,
To quickly process your transactions,
To ask for ratings and reviews of services or products,
To follow up with them after correspondence (live chat, email or phone inquiries),
Other uses may include: to analyze trends, generate statistical studies, comply with applicable law, and cooperate with law enforcement activities,
Find and prevent fraud; and
Respond to trust and safety issues that may arise, including auto incidents, disputes between Riders and Drivers, and requests from government authorities.
Understand and save user's preferences for future visits.
Keep track of advertisements.
Compile aggregate data about site traffic and site interactions in order to offer better site experiences and tools in the future. We may also use trusted third- party services that track this information on our behalf.
You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser (like Internet Explorer) settings. Each browser is a little different, so look at your browser's Help menu to learn the correct way to modify your cookies.
If you disable cookies, some features will be disabled it will turn off some of the features that make your site experience more efficient and some of our services will not function properly. However, you can still make use of the site anonymously.
We will not share your Personally Identifiable Information with other parties except as provided below:
We may share your information with Authorized Third Party Service Providers. We provide some of our services and products through third parties. These "Third Party Service Providers" perform functions on our behalf, like sending out and distributing our administrative and promotional emails. We may share your Personally Identifiable Information with such Service Providers to send postal or email, remove repetitive information on customer lists, analyze data, provide marketing assistance, provide search results and links, operate the Website, troubleshoot, and provide customer service. We may also collect personal information from individuals and companies ("Affiliates") with whom we have business relationships and may have to also share their information with Service Providers to accomplish our administrative tasks. We encourage Third Party Service Providers to adopt and post privacy policies. However, the use of your Personally Identifiable Information by such parties is governed by the privacy policies of such parties and is not subject to our control.
We may disclose or share Non-Personally Identifiable Information with Partners, Affiliates and Advertisers. For example, we may share aggregated demographic information (which does not include any Personally Identifiable Information) with "Third Party Advertisers" or "Third Party Advertising Companies" and other parties as provided below:
We use Third Party Advertising Companies to serve ads when you visit our Website. These companies may use Non-Personally Identifiable Information about your visits to this and other websites in order to provide, through the use of network tags, advertisements about goods and services that may be of interest to you.
We also use Third Party Service Providers to track and analyze Non-Personally Identifiable usage and volume statistical information from our Users to administer our Website and constantly improve its quality. We may also publish this information for promotional purposes or as a representative audience for Advertisers. Please note that this is not Personally Identifiable Information, only general summaries of the activities of our Users. Such data is collected on our behalf, and is owned and used by us.
You may opt out of any future contacts from us at any time. You can do the following at any time by contacting us via the email address or phone number provided on our website:
See what data we have about you, if any.
Enquire how long we keep your personal information
Change/correct any data we have about you.
Have us delete any data we have about you.
Express any concern you have about our use of your data.
We take precautions to protect your information. When you submit sensitive information via the website, your information is protected both online and offline.
Wherever we collect sensitive information (such as credit card data), that information is encrypted and transmitted to us in a secure way. You can verify this by looking for a closed lock icon at the bottom of your web browser, or looking for https at the beginning of the address of the web page.
While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (e.g., billing or customer service) are granted access to personally identifiable information. The computers/servers on which we store personally identifiable information are kept in a secure environment.
Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we employ commercially reasonable security measures to protect data and seek to partner with companies which do the same, we cannot guarantee the security of any information transmitted to or from the Website, and are not responsible for the actions of any third parties that may receive any such information.
DO NOT TRACK SIGNALS
We do not currently respond to 'do not track' signals and similar settings or mechanisms. When you use the Platform, we try to provide a customized experience.
Occasionally, at our discretion, we may include or offer third-party products or services on our website, by way of various applications. The privacy policies and practices of such sites in connection with information you disclose on such sites may differ from the practices of Pasi Enterprise Limited as set forth in this privacy statement, and you should review their policies and practices to ensure that the privacy of the information you submit on their site does not conflict with and is consistent with how you wish your information to be treated. Such sites may also place their own cookies or other files on your computer, collect data or solicit personal information from you. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.
Google: Google's advertising requirements can be summed up by Google's Advertising Principles. They are put in place to provide a positive experience for users. https://support.google.com/adwordspolicy/answer/1316548?hl=en
We have not enabled Google AdSense on our site but we may do so in the future.
We agree to the following:
Users can visit our site anonymously.
If Users decide to opt-in to our mailing list, they will receive emails that may include company news, updates, related product or service information, etc. By using any of our services or products, you are also automatically signed up on our mailing list. We may use third party service providers to help us operate our business and the Site or administer activities on our behalf, such as sending out newsletters or surveys. We may share your information with these third parties for those limited purposes provided that you have given us your permission.
We believe that you should have the ability to access and edit the Personally Identifiable Information you provide us. You may change any of your Personally Identifiable Information by logging into your user account created on http://www.driverate.co and update your profile details sent to us.
We encourage you to promptly update your Personally Identifiable Information if it changes. In addition, in may be impossible for us to completely delete all of your information because we periodically backup information.
Minors under the age of 18 may not use the Website. We do not collect or maintain information from anyone known to be under the age of 18, and no part of the Website is designed not to attract anyone under the age of 18. If you are under 18, you may use Pasi Enterprise Limited only with the involvement of a parent or guardian.
This in line with The Federal Trade Commission, the nation's consumer protection agency, which spells out what operators of websites and online services must do to protect children's privacy and safety online.
The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations.
We collect your email address in order to send information, respond to inquiries, and/or other requests or questions.
To be in accordance with CANSPAM we agree to the following:
NOT use false or misleading subjects or email addresses.
Identify the message as an advertisement in some reasonable way.
Include the physical address of our business or site headquarters.
Monitor third-party email marketing services for compliance, if one is used.
Honor opt-out/unsubscribe requests quickly.
Allow users to unsubscribe by using the link at the bottom of each email.
Because many users tend to use our service at different points of their relationship- seeking life, we retain your personal information for continued service and convenience purposes until you advise us not to do so. Notwithstanding the foregoing, we may retain personal information in order to comply with applicable laws, keep accurate records, resolve disputes, prevent fraud, enforce our Terms and Conditions of Service or other agreements, or for any other legally permissible purpose.
Your use of our website(s), including any dispute concerning privacy, is subject to this privacy statement and the applicable Terms and Conditions of Service. BY USING OUR WEBSITE, YOU ARE ACCEPTING THE PRACTICES SET OUT IN THIS PRIVACY STATEMENT AND THE APPLICABLE TERMS AND CONDITIONS OF SERVICE.
Your continued use of any portion of our website following posting of the updated privacy statement will constitute your acceptance of the changes.
ACCURACY OF CONTENT
While diverate.com uses its best efforts for the information contained in this site to be as accurate and reliable as possible, errors may sometimes occur. Pasi Enterprise Limited reserves the right to revise the information contained on this site and to make such changes without notice to past or present users of our site. Links to Other Sites To this extent that this site may now or in the future include links, facts, opinions or recommendations of different individuals or organizations, Pasi Enterprise Limited does not guarantee the accuracy or completeness or otherwise endorse these links, facts, opinions and recommendations.
We may revise this Policy from time to time by posting an updated version on the Platform. The revised Policy will be effective immediately for unregistered users and users registering accounts or otherwise acknowledging the Policy on or after the revision date. For other users who registered accounts before the revision date, it will also become effective immediately.
However they can object to the new Policy within thirty (30) days after the revision date. If we make a change that we believe materially reduces your rights or increases your responsibilities, we will notify you by email (sent to the email address specified in your account) or by means of a notice on this website prior to the change becoming effective. We may provide notice of changes in other circumstances as well. We encourage you to periodically review this page for the latest information on our privacy practices. Your continued use of the Platform is subject to the most current effective version of this Policy. If you object to the Policy after it becomes effective for you, you may no longer use the Platform. The prior version of the Policy can be found here.
GENERAL DATA PROTECTION REGULATION (GDPR)
Where a Data Subject is located in the European Economic Area, that Data Subject’s Personal Data will be processed by United States based servers.
When Pasi Enterprise Limited Processes Personal Data in the course of providing the Services, Pasi Enterprise Limited will:
Process the Personal Data as a Data Processor, only for the purpose of providing the Services in accordance with documented instructions from you (provided that such instructions are commensurate with the functionalities of the Services), and as may subsequently be agreed to by you. If Pasi Enterprise Limited is required by law to Process the Personal Data for any other purpose, Pasi Enterprise Limited will provide you with prior notice of this requirement, unless Pasi Enterprise Limited is prohibited by law from providing such notice;
notify you if, in Pasi Enterprise Limited' opinion, your instruction for the processing of Personal Data infringes applicable Data Protection Legislation;
notify you promptly, to the extent permitted by law, upon receiving an inquiry or complaint from a Data Subject or Supervisory Authority relating to Pasi Enterprise Limited' Processing of the Personal Data;
implement and maintain appropriate technical and organizational measures to protect the Personal Data against unauthorized or unlawful processing and against accidental loss, destruction, damage, theft, alteration or disclosure. These measures shall be appropriate to the harm which might result from any unauthorized or unlawful processing, accidental loss, destruction, damage or theft of Personal Data and appropriate to the nature of the Personal Data which is to be protected;
provide you, upon request, with up-to-date attestations, reports or extracts thereof where available from a source charged with auditing Pasi Enterprise Limited' data protection practices (e.g. external auditors, internal audit, data protection auditors), or suitable certifications, to enable you to assess compliance with the terms of this Addendum;
notify you promptly upon becoming aware of and confirming any accidental, unauthorized, or unlawful processing of, disclosure of, or access to the Personal Data;
ensure that its personnel who access the Personal Data are subject to confidentiality obligations that restrict their ability to disclose the Customer Personal Data; and
upon termination of the Agreement, Pasi Enterprise Limited will promptly initiate its purge process to delete or anonymize the Personal Data. If you request a copy of such Personal Data within 60 days of termination, Pasi Enterprise Limited will provide you with a copy of such Personal Data.
In the course of providing the Services, you acknowledge and agree that Pasi Enterprise Limited may use Subprocessors to Process the Personal Data. Pasi Enterprise Limited' use of any specific Subprocessor to process the Personal Data must be in compliance with Data Protection Legislation and must be governed by a contract between Pasi Enterprise Limited and Subprocessor.
GROUNDS FOR PROCESSING
When we collect from you any personal information within the scope of European data protection laws, we do so (a.) with your consent; (b.) where necessary to provide the Service, fulfill a transaction or otherwise perform a contract with you or at your request prior to entering into a contract; (c.) where necessary for our compliance with a legal obligation; (d.) where necessary for the performance of a task carried out in the public interest; and/or (e) as necessary to fulfill our legitimate interests as described below, except where our interests are overridden by your privacy rights. Where we rely on your consent to process personal information, you have the right to withdraw your consent at any time, and where we rely on legitimate interests, you have the right to object.
Our legitimate interests are: to deliver our services to our customers and their end users; to detect or prevent fraud; to protect the security of our systems, customers and users; to further develop our service; to conduct direct marketing; to operate our business (by processing payments/invoices and conduct credit checks on customers, suppliers and leads, perform sales and customer relations management, supplier management, as well as incidental processing in our back office for these purposes); to enable our customers to comply with legal obligations; to provide customer service or support; or fulfil our other legitimate interests as described above.
You have the right under European and certain other privacy and data protection laws to request free of charge:
access to and correction or deletion of your personal information,
that we cease or limit our processing of your personal information,
a copy of your personal information (right to data portability), and to
object at any time to processing of personal information concerning you for direct marketing.
If you would like to exercise any of these rights, please contact us at the address set out below. We will respond to your request consistent with applicable laws. To protect your privacy and security, we may require you to verify your identity.
Data Protection Officer
Pasi Enterprise Limited has appointed a designated Data Protection Officers who can be reached at:
PHONE NO: +254740191830
Pasi Enterprise Limited:
We hope that we can resolve any query or concern you raise about our use of your information but you may also lodge a complaint with the data protection authority in the applicable jurisdiction.