Terms & Conditions - WhistleDrive

Terms of Use

Welcome to our mobile application and / or our website.

These terms and conditions of use (‘’Terms of Use’’) of the Whistledrive website and mobile app, is a legal agreement (“Agreement”) between Whistledrive services Pvt. Ltd. (“Whistledrive”), a partnership firm registered under the laws of India having its offices at CDC Towers, Plot No.10/8, Road No.5, IDA Nacharam, Hyderabad – 500076, Telangana and yourself/yourselves. If you continue to browse the website and/or use the mobile application you are agreeing to comply with and be bound by the Terms of Use.

If you do not agree with the Terms of Use, please do not access and use this Website / Application (as hereinafter defined).

Definitions:

For the purposes of the Terms of Use and Privacy Policy:

“Whistledrive”, “we”, “our” and “us” shall mean Whistledrive;

“You”, yourself / yourselves and “your” shall mean a User, who meets the eligibility criteria set out below;

“Application” shall mean the application supplied by Whistledrive and downloaded and installed by you on your single mobile device (smart phone);

“Driver” or ‘’Drivers’’ shall mean the driver engaged by you by using our Website/Application;

“Force Majeure” shall have the meaning as set out in Clause VII;

Service” or “Services” shall mean the service of providing short-term private Driver solutions via the Application/Website as defined in Clause I;

‘’User’’ or ‘’Users’’ shall have the meaning as set out in Clause III; and ‘’Website’’ shall mean the website www.Whistledrive.Com

These Terms of Use may be modified from time to time in our sole discretion. It is your responsibility to review these Terms and Conditions from time to time. If you continue to use the Service after notice of change has been intimated or published on our Website/Application, you thereby provide your consent to the changed practices on the same terms hereof. For this reason, we encourage you to review these Terms of Use each time you access and use the Website/Application. Most content and some of the features on the Website/Application are made available to Users free of charge. However, Whistledrive reserves the right to terminate access to certain areas or features of the Website/Application at any time for any reason, with or without notice.

If you are not agreeable to these Terms of Use, you may not use the Services, the Website or the Application.

I. Services descrption:

Whistledrive provides a technology based service which enables the hiring of drivers by commuters/ passengers for a point to point pick up and drop off Service, within city limits and outside city limits, through the Application in mobile telecommunications devices and through the Website. The Service is designed to offer you information and a means of obtaining short-term private driver solutions to coordinate point-to-point and round trip private driver services, at your request. As a User, you authorize Whistledrive to operate your vehicle and make decisions on your behalf during a period of time designated by you.

II. Use of service, application and website:

The Application and the Website allows you to send a request for Service to a Driver. The GPS receiver, which should be installed on the mobile device (smart phone) on which you have downloaded the Application or the Website, shall detect your location and shall send your location information to the relevant Driver. Whistledrive has sole and complete discretion to accept or reject each request for providing the Service. Whistledrive also has sole and complete discretion over whether to use the Application / Website to receive the leads generated through the Application / Website. If Whistledrive accepts a request, the Application / Website notify you and provide information regarding the Driver – including his name and the ability to contact the Driver by telephone or a message. The Application / Website also allow you to view the Driver’s progress towards the pick-up point, in real time.
Whistledrive shall undertake commercially reasonable efforts to bring you into contact with a Driver in order to avail the Services, subject to the availability of Drivers in or around your location at the moment of your request for the Services.
Whistledrive itself does not provide transportation services. It is up to the User to offer transportation. Whistledrive only acts as intermediary between the Driver and you. The provision of the Services by the Driver to you is, therefore, subject to the agreement (to be) entered into between the Driver and you. Whistledrive shall under no circumstance be a party to such agreement. Whistledrive disclaims any and all liability in respect of the Drivers including any claims of employment or any vicarious liability arising out of the Service or otherwise.

Use of service, application and website:

User means any individual or business entity/organization that legally operates in India or in other countries, and uses and has the right to use the Services provided by Whistledrive. Our Services are available only to those individuals or entities who can execute legally binding contracts under the applicable law. Therefore, a User must not be a minor as per Indian Law; i.e. User(s) must be at least 18 years of age to be eligible to use our Services. Whistledrive advises its Users that while accessing the Website/Application, they must follow/abide by the applicable laws. Whistledrive may, in its sole discretion, refuse the Service to anyone at any time.

This Agreement applies to all Services offered on the Website/Application, collectively with any additional terms and condition that may be applicable.

Registration

To use the Services, you have to be registered and provide your name, contact number, email address and other details. Please see our Privacy Policy and practices to know more about how your personal information would be used.

Representation and Warranties

As a precondition to your use of the Services, you represent and warrant that:

The information you provide to Whistledrive is accurate and complete. Whistledrive service is only available for private cars for non-commercial purposes within the city limits as designated on our Website. Private cars for non-commercial purposes bear license plates with black lettering over white colored background (Commercial vehicles have license plates with black lettering over yellow colored background). You will ensure that Whistledrive service is being utilized only for non-commercial purposes in a private car. Whistledrive is entitled, at all times, to verify the information that you have provided and to refuse the Service or use of the Application / Website without providing reasons.
You will only access the Service using authorized means. You are responsible to check and ensure you download the correct Application for your device or the correct Website in your computer. Whistledrive shall not be liable if you do not have a compatible mobile device or if you download the wrong version of the Application for your mobile device or Website for the computer. Whistledrive reserves the right to terminate the Service and the use of the Application/ Website should you use the Service or Application with an incompatible or unauthorized device.
You have the legal right and authority to possess and operate the vehicle when engaging our Services and you confirm, represent and warrant that the said vehicle is in good operating condition and meets the industry safety standards and all applicable statutory requirements for a motor vehicle of its kind.
You will be solely responsible for any and all liability which results from or is alleged as a result of the condition of your vehicle, legal compliance, etc., including, but not limited to, personal injuries, Vehicle damage, and death and property damages.
You will be solely responsible for the full functionality of your vehicle. If your vehicle fails to function (electrical, mechanical or other) in any way while the Services are being availed of by you, you will be responsible for all storage fees, roadside assistance, alternate transportation and repair of any kind and neither Whistledrive nor the Driver shall be responsible in any manner whatsoever. You have the legal right to designate the Driver as your agent and delegate actual authority to the Driver to operate your vehicle and make decisions on your behalf for the purposes of providing Services offered through the Whistledrive platform.
You are named or scheduled on the insurance policy covering the vehicle you use when engaging our Services.
You have a valid policy of liability insurance (in coverage amounts consistent with all applicable legal requirements) for the operation of your vehicle to cover any anticipated losses related to your participation in the Services or the operation of your vehicle by the Driver. In the event of a motor vehicle accident you will be solely responsible for compliance with any applicable statutory or department of motor vehicles requirements and for all necessary contacts with your insurance provider. Other than any personal criminal liability attaching to the Driver you will be solely responsible for all consequences arising out of the use of the Service or the Driver. In any event Whistledrive shall have no responsibility or liability on this account whatsoever.
You specifically authorize us to use, store or otherwise process your ‘Sensitive personal data or information’ (as such term is defined in Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011) in order to provide the Services to you. Subject to applicable law all information provided to us by you shall be deemed to be our information to use as we desire.
You will obey all applicable laws related to the matters set forth herein, and will be solely responsible for any violations of the same.

Meter start and cancellation policy

Whistledrive drivers will wait no more than 20 minutes from the requested trip start time, before they start the trip timer.
You may cancel the booking within 30 minutes prior to the time of journey, without any cancellation charges for all Services. The customer is liable for Rs 100/- charge if the trip is cancelled thereafter.

Limitation of liability

The information, recommendations and/or Services provided to you on or through the Website/Application are for general information purposes only and do not constitute advice. Whistledrive will take reasonable steps to keep the Website/Application and its contents correct and up to date but does not guarantee that the contents of the Website/Application are free of errors, defects, malware and viruses or that the Website/Application are correct, up to date and accurate.
Whistledrive shall not be liable for any damages resulting from the use of, or inability to use, the Website/Application, including damages caused by malware, viruses or any incorrectness or incompleteness of the information on the Website/Application.
Whistledrive shall further not be liable for damages resulting from the use of, or the inability to use, electronic means of communication with the Website/Application, including — but not limited to — damages resulting from failure or delay in delivery of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications and transmission of viruses.
Without prejudice to the foregoing, and insofar as allowed under mandatory applicable law, Whistledrive’s aggregate liability shall in no event exceed the equivalent of the amount for the payment of the Services.
The quality of the Services requested through the use of the Application is entirely the responsibility of the Driver who ultimately provides such transportation services to you. Whistledrive under no circumstance accepts liability in connection with and/or arising from the Services provided by the Driver or any acts, actions, behavior, conduct, and/or negligence on the part of the Driver.
We shall not be held liable for any failure or delay in performing Services where such failure arises as a result of any act or omission, which is outside our reasonable control such as unprecedented circumstances, overwhelming and unpreventable events caused directly and exclusively by forces of nature that can be neither anticipated, nor controlled, nor prevented by the exercise of prudence, diligence, and care, including but not limited to: war, riot, civil commotion; compliance with any law or governmental order, rule, regulation or direction and acts of third parties ( “Force Majeure” ).
If we have contracted to provide identical or similar Service to more than one User and are prevented from fully meeting our obligations to you by reason of an event of Force Majeure, we may decide at our absolute discretion which booking we will fulfill by providing the Service, and to what extent.
We have taken all reasonable steps to prevent internet fraud and ensure any data collected from you is stored as securely and safely as possible. However, we shall not be held liable in the unlikely event of a breach in our secure computer servers or those of third parties other than as required under applicable law.
In the event we have a reasonable belief that there exists an abuse of vouchers and/or discount codes or suspect an instance of fraud, we may cause the User to be blocked immediately and reserve the right to refuse future Service. Additionally, should there exist an abuse of vouchers or discount codes, Whistledrive reserves the right to seek compensation from any and all such Users.
Whistledrive does not represent or endorse the accuracy or reliability of any information, or advertisements (collectively, the “Content”) contained on, distributed through, or linked, downloaded or accessed from or contained on the Website/Application, or the quality of any products, information or other materials displayed, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the Service.
Offers are subject to Whistledrive’s discretion and may be withdrawn at any time and without notice.

Intellectual property rights

Whistledrive is the sole owner or lawful licensee of all the rights to the Website/Application and its content. Website/Application content means its design, layout, text, images, graphics, sound, video etc. The Website/Application content embodies trade secrets and intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the Website/Application and its content shall remain with Whistledrive.
All rights not otherwise claimed under this Agreement or in the Website /Application, are hereby reserved. The information contained in this Website/Application is intended, solely to provide general information for the personal use of the reader, who accepts full responsibility for its use.
You may access the Website/Application, avail of the features, facilities and Services for your personal or internal requirements only. You are not entitled to duplicate, distribute, create derivative works of, display, or commercially exploit the Website/Application Content, features or facilities, directly or indirectly, without our prior written permission of Whistledrive.

Copyright

All content on this Website/Application is the copyright of Whistledrive except the third party content and link to third party website on our Website/Application, if any.
Systematic retrieval of Whistledrive content to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from Whistledrive is prohibited.
In addition, use of the content for any purpose not expressly permitted in this Terms of Use is prohibited and may invite legal action. As a condition of your access to and use of Services, you agree that you will not use the Website/Application to infringe the intellectual property rights of others in any way. Whistledrive reserves the right to terminate the account of a User upon any infringement of the rights of others in conjunction with use of the Service, or if Whistledrive believes that User’s conduct is harmful to the interests of Whistledrive, its affiliates, or other Users, or for any other reason in Whistledrive’s sole discretion, with or without cause.

User accounts, offers and promotions

Whistledrive reserves the right to collect User data including name, contact information and other details to facilitate Services or use of its platform to avail Services. All information collected from the Users are on a bona fide basis. Misuse and misrepresentation of identity or contact details will lead to automatic termination of Services or the use of the platform, without prior notice to such Users.
User accounts bearing contact number and email IDs are created and owned by Whistledrive. Any promotional discounts and offers accumulated can be revoked without prior notice in the event of suspicious account activity or mala fide intent of the User.
In the case where the system is unable to establish unique identity of a User against a valid mobile number or e-mail ID, the account shall be indefinitely suspended. Whistledrive reserves the full discretion to suspend a User’s account in the above event and does not have the liability to share any account information whatsoever.

Links to third party sites

Links to third party sites
Whistledrive may allow Users access to content, products or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise) to such third party’s website. You are cautioned to read such sites’ terms and conditions and/or privacy policies before using such sites in order to be aware of the terms and conditions of your use of such sites. The Users acknowledge that Whistledrive has no control over such third party’s site, does not monitor such sites, and Whistledrive shall not be responsible or liable to anyone for such third party site, or any content, products or services made available on such a site.

Termination

Whistledrive reserves the right to deny access to particular Users to any/all of its Services without any prior notice/explanation in order to protect the interests of Whistledrive and/or other Users to the Website/Application. Whistledrive reserves the right to limit, deny or create different access to the Website/Application and its features with respect to different Users.
We reserve the right to terminate your account or your access to the Website/Application immediately, with or without notice to you, and without liability: (i) if you have violated any of the Terms of Use; (ii) if you have furnished us with false or misleading information; (iii) pursuant to requests by law enforcement or other government agencies; (iv) in case of unexpected technical or security issues or problems; (v) in case of discontinuance or material modification to the Services (or any part thereof); and / or (vi) in case of interference with use of our Website/Application by others.
In the event of termination by you or us, your account will be disabled and you will not be granted access to your account or any information or content contained in your account. You will not and not attempt to create another account for accessing and using the Website/Application without the written consent of Whistledrive.
This Terms of Use shall remain in full force and effect while you have an account with us. Even after termination of your account with us, certain provisions of this Terms of Use will remain in effect, including but not limited to, Intellectual Property Rights, Prohibited Uses and Indemnification. You agree that we will not be liable to you or any third party for taking any of these actions.
Notwithstanding the termination of this Agreement, you shall continue to be bound by the terms of this Agreement in respect of your prior use of this Website/Application and all matters connected with, relating to or arising from such use.

Terms & Conditions for use of Services

The following terms & conditions shall apply to Users utilising the Services offered by Whistledrive:

The User shall pay the driver fare (as displayed in the Whistledrive App) or as agreed to in the terms of use as listed on the Application / Website, parking charges, additional night surcharge (where applicable), one way trips, toll charges and any fee or levy presently payable or hereinafter imposed by the law or required to be paid for availing of the Services.
The User agrees and accepts that the use of the Services provided by Whistledrive is at the sole risk of the User, and further acknowledges that Whistledrive disclaims all representations and warranties of any kind, whether express or implied. All Services are provided “AS IS”.

The Whistledrive or the Driver has the right to refuse the Service in the following circumstances:

if the User is found to be in an intoxicated state or is found misbehaving with other passengers or the Driver, or is causing a nuisance;
if the User is misusing, soiling or damaging any of the devices (technical/non-technical) of the Driver; and
if the User asks the Driver to break any traffic/RTO/city police and/or government rules for any purpose The Driver has the right to refuse such a request by the User.

Without prejudice to the above, Whistledrive makes no representation or warranty that:

the Services will meet the User’s requirements; and
the Services will be uninterrupted, timely, secure, or error-free.
The information on this Website/Application is provided “AS IS” with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose. Nothing herein shall to any extent substitute for the independent investigations and the sound technical and business judgment of the Users. In no event shall Whistledrive be liable for any direct, indirect, incidental, punitive, or consequential damages of any kind whatsoever with respect to the Service. Users of this site must hereby acknowledge that any reliance upon any content shall be at their sole risk.
If any User misses his/her train or flight or bus, Whistledrive will not be liable for any compensation.
Whistledrive is hereby authorized to use the location based information provided by any of the telecommunication companies when the User uses the mobile phone to make a booking. The location based information will be used only to facilitate and improve the probability of locating a Driver for the User.
Whistledrive shall be entitled to disclose to any government body the particulars of the User in the possession, in its absolute discretion.
Whistledrive shall be entitled at any time without giving any reason to terminate the booking of Drivers done by the User.
If the User has any complaints in respect of the Services or the use of the Driver, the User has to inform Whistledrive of the same in writing within 24 hours of using the Driver or the Services.
Whistledrive shall not be liable for any conduct of the Drivers. However, Whistledrive encourages you to notify it of any complaints that you may have against any Driver or the Services.
Whistledrive shall not responsible for any accidents and damages, customer need to have insurance and all related documents in non-expire condition.
Whistledrive shall not responsible for any thefts while using our services. we request to customers to take care of their personal things.

Insurance and damage to property

We do not procure insurance for, nor are we responsible for, damage or loss of any personal belongings or intellectual property whilst providing the Services.

Indemnity

The User shall defend, indemnify and hold, Whistledrive, its affiliates, its licensors, and each of their officers, directors, other users, employees, attorneys and agents, harmless, from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with the:

violation or breach of the Terms of Use or any applicable law or regulation, whether or not referenced herein;
violation of any rights of any third party, including the Driver via the Application and or the Website; and
Use or misuse of the Application/Website or Service.

Miscellaneous

The information contained in this Website/Application is for general information purposes only. The information is provided by Whistledrive and while we endeavor to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Website/Application or the information, products, services, or related graphics contained on the Website/Application for any purpose. Any reliance you place on such information is, therefore, strictly at your own risk.
No event will we be liable for any loss or damage, including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this Website/Application or Service.
Every effort is made to keep the Website/Application up and running smoothly. However, Whistledrive takes no responsibility for, and will not be liable for, the Website/Application being unavailable due to technical issues beyond our control.
The above mentioned Terms of Use and the Privacy Policy constitute the entire agreement between the User and Whistledrive with respect to access to and use of the Website/ Application and the Services offered by Whistledrive, superseding any prior written or oral agreements in relation to the same subject matter herein.

Jurisdiction

The courts of Hyderabad/Secunderabad, India shall have the sole and exclusive jurisdiction in respect of any matters arising from the use of the Services offered by Whistledrive or the Terms of Use or any arrangement between Whistledrive and the User.

Privacy policy

This privacy policy sets out how Whistledrive uses and protects any information that you give Whistledrive when you use this Website/Application.
Whistledrive is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this Website/Application, and then you can be assured that it will only be used in accordance with this privacy statement.
Whistledrive may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes.

Information that is or may be collected from you. We may collect the following information:

name and job title;
contact information including email address;
demographic information such as postcode, preferences and interests;
information relevant to customer surveys and/or offers;
Geo-location;
financial information (like account or credit card numbers);
opinions of features on this Website/Application; and
Other information as per our registration process.

We may also collect the following information:

about the pages you visit/access;
the links you click on this Website;
the number of times you access a particular page; and
the number of times you have interacted on this Website.

What we do with the information we gather:

We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:

Internal record keeping;
We may use the information to improve our Services;
We may periodically send promotional emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided; and
From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax or mail. We may use the information to customize the Website/Application according to your interests.

Security

We are committed to ensuring that your information is secure. In order to prevent unauthorized access or disclosure we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.

Account security

You are solely responsible for the confidentiality of any password and other account information that you create in order to access or use the Website/ Application. You agree to notify us immediately on any unauthorized use of your account, user name, or password. You also agree that Whistledrive is not liable in any manner for any loss that you may incur as a result of any third party using your password, either with or without your knowledge. You are solely liable for any losses incurred by us, our affiliates, officers, directors, employees, consultants, agents, and representatives due to misuse of your account or password. You will not under any circumstances use the account, username, or password of someone else at any time.

Prohibited users

You are prohibited from violating or attempting to violate any security features of any of our Website/ Application, including, without limitation: (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of any of our Website/ Application or any associated services, system or network, or to breach security or authentication measures without proper authorization; (c) using any automated process or service (such as, by way of example only, any spider, robot, or automated searching or “scraping” tool) to monitor, access or copy any content from any Website/Application; (d) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Website/Application, overloading, initiating or facilitating any “denial of service” attack, “flooding,” “spamming,” “mail bombing,” or “crashing;” (e) using any our Website/ Application or servers to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (f) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using any our Website/ Application; or (g) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Whistledrive in providing the Website/ Application or our Services. Any violation of system or network security may subject you to civil and/or criminal liability, and will result in a loss of your ability to access and use the Website/Application.

Debit/credit card details

You agree, understand and confirm that the credit card details provided by you for registering as this Website/ Application will be correct and accurate and you shall not use the credit card which is not lawfully owned by you. You further agree and undertake to provide the correct and valid credit card details to us. Further, the said information will not be utilized and shared by us with any of the third parties unless required by law, regulation or court order.

How we use cookies

A cookie is a small file which asks permission to be placed on your computer’s hard drive. Once you agree, the file is added and the cookie helps analyze web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and d
We use traffic log cookies to identify which pages are being used. This helps us analyze data about pngage traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.
Overall, cookies help us provide you with a better Website/Application, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.
You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.

Links to other websites

Our Application /Website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.
We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen.
Notwithstanding the above, we confirm that we shall at all times be in full compliance with the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011.