Terms & Conditions
Terms Of Usage Contractual Relationship for Herdrv Users
These Terms and the rest of the Agreement govern your access to or use of the Platform and any Services. Your access to and use of the Platform and any Services constitutes your agreement to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Platform or Services. By accessing and using the Platform and any Services, you acknowledge that you have read, understood, and agreed to be bound by these Terms, as amended from time to time. If you do not agree to these Terms, now or at any time, you must immediately stop using or accessing the Platform and/or any Services. If you are using the Platform on behalf of a third party, including a business entity, you warrant that you are authorized and have the authority to bind that third party to these Terms.
Definitions
The following terms are used throughout the Agreement and have the following specific meanings (unless otherwise defined in any specific document).
• Accompanied Rides are rides in which any of your passengers are under the age of 18, provided that all such minors are accompanied throughout the ride by an adult responsible for their care, who, for the avoidance of doubt, will not be the Driver.
• Account is a user account on the Platform in your name.
• Agreement is our agreement with you, which includes all terms, conditions, and notices contained or referred to in these Terms, and all other rules, policies (including the Privacy Policy), guidelines, and procedures that we may publish from time to time on the Platform (in each case as amended from time to time).
• App is the mobile application provided by Herdriver, which connects Customers with third-party driver companies.
• App is the mobile application provided by Herdriver, which connects Customers with third-party driver companies. • Card means a physical or digital prepaid card issued by a card provider for use by Drivers to facilitate the provision of digital payment services to Customers.
• Card Providers are the authorized third parties that provide cards for use by Drivers in connection with the provision of a digital payment service.
• Digital Payment Services mean a Customer’s use of the Platform to order and pay for goods and services that a Driver will receive on their behalf.
• Fees mean the fees charged to you in connection with the level of premium Driver Services you receive from a Driver.
Client means a person who contacts, engages, and/or aims to contact or engage a Third-Party Driver Company through use of the Services.
Content means any content submitted, generated, featured, displayed through the Platform (including any text, correspondence, photographs, graphics, software, applications, video recordings, audio recordings, sounds, designs, features, and other materials that are available on the Platform). Content includes, without limitation, User Content that may be submitted by a User. Dispute has the meaning given to it in clause 18.2.
Driver means the individual employed by a Third-Party Driver Company to provide Premium Driver Services and to purchase goods or services on behalf of a client at their request. Incident means any act, omission or event in connection with the Services, including any late arrival or alleged misconduct by a Driver.
Accident means any accident causing damages to Your Car at fault of the Driver providing Premium Driver Services. Losses mean any claims, demands, assessments, charges, losses, liabilities, costs and expenses (including attorneys’ fees, penalties, interest or loss of profits).
Platform means any online tool provided, processed and/or maintained by us (including our App, website, all sub pages and subdomains, all Content, Services, and products available at or through the Platform located at https://www.herdrv.com) …or any other related domain offering access to, or facilitating the provision of, the Services and the Digital Pay Services).
Premium Driver Services means the subscription-based personal chauffeur services provided by Third-Party Driver Companies, as outlined on the Platform at https://www.black.herdrv.com/pricing. Privacy Policy means our privacy practices in relation to the use of User Content, the Platform and the Services which is available at https://www.herdrv.com).
Services mean our online and/or offline services for the provision and use of the technology that we have developed for collaboration, communication, and payment between Third-Party Driver Companies and you in relation to Premium Driver Services and Digital Pay Services, including without limitation, access to our App, communication tools, and payment services which enable you to arrange, schedule and pay for Premium Driver Services and Digital Pay Services with Third–Party Driver Companies.
Subscription means a monthly subscription for the relevant Tier for Premium Driver Services entered into between a Client and Third-Party Driver Companies. Terms mean these terms and conditions.
Third-Party Content means any content that belongs to or originates from parties other than the User or Herdrv; Third–Party Driver Companies means independent companies which provide the Premium Driver Services arranged through the Platform. Tier means the package for Premium Driver Services and Digital Pay Services chosen by a Client as set out at https://www.herdrv.com)
User Content means any content, written or otherwise, created, submitted, generated, featured and/or displayed through the Platform (including any text, correspondence, audio and/or visual content, feedback related to the Services, initiation of support requests and submission of entries for competitions and promotions and photographs) by you or other Users while using the Platform. Users mean the person, company, or organization that has visited or is using the Platform and/or any Service. Vehicle Information means the information provided by a User when registering any vehicle in connection with their Account, including the make, model, license plate and insurance status. Third-Party Driver Company and which may be subject to such additional terms as Herdrv sees fit. We, our, us, Herdrv means Herdrv LLC FZ- , a company established in Dubai Media City with license number 96991 whose registered address is at Dubai Media City – Dubai. You, your means a User and where a Subscription has been entered into is used interchangeably with Client. Your Car has the meaning given to it in clause 5.1.
Changes to the Agreement 2.1. You agree that Herdrv may amend the Agreement or any part of it from time to time, and at our sole discretion. Although we will use our best endeavors to notify you of any amendment to the Agreement, we will not be required to provide you with prior notification of any such amendments or changes and your continued use of the Platform or Services shall constitute your acceptance of such amendments or changes. 2.2. Upon any amendment or change to the Agreement, we will publish the relevant change or amendment on our Platform. Your continued use of the Platform and/or any Service after the publication date of any amendment or change constitutes your acceptance of it. 2.3. You agree and undertake to review the Agreement each time you visit our Platform and/or prior to your use of any Services. If you do not agree to the Agreement, as updated from time to time, you undertake to cease using our Platform and/or Services immediately and if applicable, to notify Herdrv at 📧 info@herdrv.com immediately of your decision to terminate your Subscription for Premium Driver Services.
3.1. Herdrv and Premium Driver Services Subscription.
3.1.1. Our platform connects third-party driver companies with customers. We provide our customers with access to the Herdrv virtual community of third-party driver companies, easy collaboration through our communication tools, and secure payment tools.
3.1.2. You understand and agree that drivers are not employees or agents of Herdrv, and that any transaction and/or agreement entered into as a result of your use of the Services—whether oral or written—is solely between you and the third-party driver company, and Herdrv is not a party to it. You acknowledge and agree that Herdrv will not be responsible for fulfilling the obligations of any driver or third-party driver company, and Herdrv disclaims any liability arising from or related to the performance or conduct of any driver or third-party driver company. You acknowledge and agree that Herdrv acts as an exclusive intermediary between customers and third-party driver companies through the Services. If a driver engages in unusual behavior (for example, steering you in the wrong direction), Herdrv will mediate any additional costs incurred and, if proven, will refund the amount paid. If your driver is issued a traffic fine while driving your vehicle (due to driver error), HerDrive is fully responsible for reimbursing 100% of the fine amount, provided the traffic fine is correctly attributed to the driver and is not disputed by the third-party driver company.
3.1.3. You agree and acknowledge that HerDrive acts as an exclusive intermediary between customers and third-party driver companies through the Services. The subscription is between you and the relevant third-party driver company providing premium driver services.
3.1.4. Herdrv does not endorse any third-party driver company over another to serve the Customer.
While we make commercially reasonable efforts to ensure that third-party driver companies and drivers are properly licensed and maintain the required government approvals, we make no warranties or representations regarding the licensing, ability, competence, compliance, quality, or qualifications of any third-party driver company or driver. You agree and understand that it is your responsibility to inquire about the licensing, ability, competence, compliance, quality, or qualifications of any third-party driver company or driver. Additionally, you will be presented with multiple drivers to determine which driver you wish to use to provide Premium Driver Services, and you are responsible for selecting the driver and, therefore, the relevant third-party driver company that employs the driver with whom you enter into a subscription.
3.1.5. Although Herdrv may require third-party driver companies to carry certain insurance, it makes no warranties or guarantees regarding the coverage of third-party driver companies or drivers, nor does it make any warranties or guarantees regarding the existence or adequacy of any such insurance.
3.1.6. You understand and acknowledge that:
3.1.6.1. You are solely responsible for the vehicle information.
3.1.6.2. Herdrv, any third-party driver company, and any driver may rely on the vehicle information without further inquiry.
3.1.7. Unless otherwise agreed to by Herdrv in a separate written agreement with you, the Services are available solely for your personal, non-commercial use, unless your account is classified as a business account, and you have the necessary licenses, permissions, and insurances to enable you to use the Services for such purpose under applicable law. This will not prejudice any contractual agreement to which you are a party. 3.1.8. You agree and acknowledge that: HERDRV is not a driver company, does not employ any drivers, does not provide premium driver services, and that all drivers are employed by third-party driver companies.
3.2. Herdrv and Digital Pay Services
3.2.1. The Herdrv Platform facilitates collaboration, communication, and payments between Customers and Drivers. Customers can communicate about digital payment service requests through the Platform, securely pay for the requested goods or services, and verify or confirm each transaction based on the invoices uploaded by Drivers to the Platform. You are responsible for ensuring that instructions and requests for digital payment services are sent through the Platform, and for verifying that any uploaded invoices have been approved by you and reflect the specific instructions you communicated to the Driver.
3.2.2. To provide digital payment services to participating Customers, Herdrv has partnered with card providers to provide cards for use by Drivers who provide Premium Driver Services.
Herdrv has arranged the provision of cards to facilitate the provision of digital payment services and will return any payments to the card providers.
3.2.3. Herdrv does not provide you with any financial services of any kind, and you acknowledge and agree that Herdrv only provides a secure payment tool that enables the Driver to use the card to make the transactions you request. You are responsible for prepaying any digital payment services through the platform to enable the driver to use their designated card to pay for the goods and services you request. You are responsible for your use of the digital payment services and ensuring prepayment so that the driver can complete the requested transactions on time. Herdrv is not responsible for any damage, loss, or liability arising from the failure to process or complete the transactions you request, the processing of incorrect transactions, or any action or inaction by the driver in connection with such transactions.
3.2.4. You understand and agree that drivers are not employees or agents of Herdrv, and that any transaction and/or agreement entered into as a result of your use of the digital payment services—whether oral or written—is solely between you and the third-party driver company, and that Herdrv is not a party to them. You acknowledge and agree that Herdrv will not be responsible for fulfilling the obligations of any driver or third-party driver company, and Herdrv hereby disclaims any liability arising from or related to the performance or conduct of any driver or third-party driver company in connection with the digital payment services.
3.2.5. You acknowledge and agree that Herdrv acts solely as an intermediary between customers, third-party driver companies, and card providers through digital payment services.
3.2.6. Herdrv does not endorse any card provider over another to serve customers. While we make commercially reasonable efforts to ensure that third-party driver companies, drivers, and card providers are appropriately licensed and maintain the required government approvals, we make no warranty, guarantee, or representation regarding the licensing, ability, competence, compliance, quality, or qualifications of any third-party driver company, driver, or card provider.
You agree and understand that it is your duty to inquire about and evaluate the licensing, ability, competence, compliance, quality, or qualifications of any third-party driver company, driver, or card provider.
3.2.7. You agree and acknowledge that: Herdrv is not a financial services provider, and all financial services are provided by card providers.
3.3. Grant of License
Subject to your compliance with the Agreement, Herdrv grants you a limited, non-exclusive, non-sublicensable, revocable, and non-transferable license to:
(a) access and use the Platform on your personal device solely in connection with your use of the Digital Payment Services; and (b) access and use any content, information, and related materials that may be made available through the Digital Payment Services, in each case solely for your personal, non-commercial use—unless your account is designated as a business account and you have the necessary licenses, permissions, and insurances to permit your use of the Digital Payment Services for such purpose under applicable law, and such use does not violate any contractual agreement to which you are a party.