Welcome to our mobile application and / or our website.
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
and use this Website / Application (as hereinafter defined).
“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
“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
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
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
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.
To use the Services, you have to be registered and provide your
name, contact number, email address and other details. Please see
personal information would be used.
Representation and Warranties
As a precondition to your use of the Services, you represent and
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
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
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
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
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
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
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
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
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
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
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
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
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
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.
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
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
you have an account with us. Even after termination of your
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
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
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
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
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
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
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.
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:
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.
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.
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.
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.
any information that you give Whistledrive when you use this
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
- information relevant to customer surveys and/or offers;
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
- 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.
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.
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.
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.
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
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.