Legal – Driver Software Use and Licence Agreement

Driver Software Use and Licence Agreement

This Software Use and Licence Agreement (Agreement) governs the access and use by driver account holders of the DiDi app and associated platform of DiDi Mobility (Australia) Pty Ltd for Australia and/or DiDi Mobility (New Zealand) Limited for New Zealand (individually and collectively (as applicable) DiDi). The DiDi driver app and platform (DiDi App) enables the provision of point to point transportation and related services requested by passengers (Services). By accessing or using the DiDi App, you confirm that you have read, understood and agree to be bound by this Agreement and comply with all applicable laws and regulations.

In this Agreement “driver account holder“, “user“, “you”, “your” and “yours” refer to the person using the DiDi App and “we”, “us” and “our” refer to DiDi.

If you do not agree with this Agreement you must not access or use the DiDi App. You must not access or use the DiDi App unless you have been provided with individual account information and login credentials from DiDi after registering with DiDi to be a driver.

  1. General

1.1 The following terms and conditions are applicable to users of the DiDi App. We may make changes to this Agreement from time to time. The amended Agreement and terms and conditions will apply automatically from the time that they are made available or published on our website and/or the DiDi App. We encourage you to check our website and the DiDi App from time to time to keep yourself updated on any changes to the terms of this Agreement. If you do not agree to the amended Agreement, you must stop using the DiDi App.

1.2 The Driver Agreement and other terms and conditions apply between you and DiDi and can be accessed within the DiDi App.

  1. Ownership and Intellectual Property

2.1 DiDi and its related entities has intellectual property rights in the content distributed by it alone or together with its related entities, including, without limitation, the DiDi App and any software used or provided and such intellectual property rights are protected by applicable laws.

2.2 By accessing the DiDi App you are granted a limited, revocable, royalty free, non-exclusive, non-transferable and non-sublicensable licence to use the DiDi App for the sole purpose of receiving and fulfilling requests for Services by Passengers in accordance with this Agreement.  You acknowledge that other than the express licence granted to you in this Agreement, you obtain no other rights, implied or otherwise, in respect of the DiDi App.

2.3 All trademarks, copyrights, database rights and other intellectual property rights related to it, remain the property of DiDi or its related entities at all times.

2.4 You undertake not to:

(a) use the DiDi App for any unlawful or fraudulent purpose, including to falsely misrepresent yourself or impersonate another user;

(b) copy, or modify the DiDi App, any part of the DiDi App, or our trademarks or intellectual property in any way;

(c) extract or attempt to extract the source code of the DiDi App;

(d) translate or attempt to translate the DiDi App into other languages, or make derivative versions;

(e) use any information available through the DiDi App that could compromise the enjoyment or security of any third party;

(f) provide inaccurate, defamatory or offensive feedback;

(g) stalk or harass any individual through the DiDi App;

(h) use automated scripts to collect information from or otherwise interact with the DiDi App;

(i) access data of which you are not an intended recipient or log into a server or account on a network related to the DiDi App that you are not expressly authorised to access; or

(j) allow any other person to use your account or any other third party to do any of these things.

2.5 No person shall use any content of the DiDi App in any manner outside the scope of this Agreement without the written consent of DiDi.

  1. Limitation of Liability

3.1 The DiDi App is provided on an “as is” and “as available” basis. To the fullest extent permitted by law, DiDi gives no warranties as to the availability, performance or reliability of the DiDi App at any time. To the fullest extent permitted by law, the DiDi App is provided without warranty of any kind.

3.2 If you choose to use the DiDi App, you do so at your sole risk.

3.3 You are responsible for making all arrangements necessary for you to access the DiDi App. You are responsible for all activities that take place on the DiDi App in your name or through your internet connection, even if you comply with this Agreement and do not participate in or condone the activity.

3.4 You are liable for any costs charged by your mobile data or internet service provider, including any data connection costs charged in connection with your download or use of the DiDi App.

3.5 You acknowledge that we have the right at our sole discretion to suspend or terminate your licence to use the DiDi App for breach of this Agreement or for any other reason if we consider it appropriate to do so.

3.6 DiDi ensures that it uses the best possible technology to enable the best user experience. However, except when provided for under this Agreement or in supplementary terms and conditions, DiDi is not liable for:

(a) any error or non-performance of the DiDi App arising from your use of the DiDi App;

(b) any error in the performance of the DiDi App arising from a failure in or unavailability of the data connection;

(c) any malfunction of the DiDi App;

(d) any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb or other such computer program or technological interference;

(e) any unavailability of the DiDi App;

(f) the accuracy, completeness, adequacy and reliability of the information and content contained on the DiDi App;

(g) any delay, difficulty or inability to download or access the DiDi App or related content for any reason;

(h) any other communication or other system failure; or

(i) any failure of the Didi App or any other non-performance to the extent that failure or non-performance arises from any force majeure event.

If the DiDi App is not available for any reason, DiDi will use reasonable endeavours to notify you and resolve the issue as soon as possible.

3.7 We shall have no responsibility for any personal or financial losses, costs, expenses or liabilities of whatever nature and however arising which result from the use of the DiDi App, unless we are required to by law or such losses, costs, expenses or liabilities arise as a direct result of any wilful default, fraud, or dishonesty on our part.

3.8 If you are a consumer, we may be taken to have given you certain consumer guarantees under the Australian Consumer Law or the Consumer Guarantees Act 1993 (NZ) and/or the Fair Trading Act 1986 (NZ) (collectively Consumer Legislation) about the supply of goods or services to you. If we fail to comply with those consumer guarantees, then you may have rights against us under the Consumer Legislation that we are prohibited by law from excluding, restricting or modifying. However, where any goods (if any) or services supplied under this Agreement are not of a kind ordinarily acquired for personal, domestic or household use or consumption, our liability for breach of any consumer guarantee applicable to our supply of those goods or, if applicable, services under the Consumer Legislation, is (to the extent permitted by the Consumer Legislation) limited to any one or more of the following, as determined by us:

(a) the supply of equivalent goods or services again; and

(b) the payment of the cost of acquiring equivalent goods or having the services supplied again.

3.9 To the extent permitted by applicable law, including the Consumer Legislation, our maximum aggregate liability for any loss or damage suffered or incurred by you arising from or in connection with your use of the DiDi App or in relation to the provision of Services to Passengers will be limited to the amount of fees actually paid to or due to DiDi in the 6 months immediately prior the event giving rise to such claim.

  1. Suspension or Cancellation of Licence

4.1 We may, in our discretion and without liability to you, with or without cause, with or without prior notice or explanation and at any time, decide to limit, suspend, deactivate or cancel your licence granted under this Agreement either temporarily or permanently if we cease to operate in Australia and/or New Zealand or if we consider you have breached this Agreement, any other agreement you have with DiDi or any terms and conditions applicable to you. We will endeavour to provide you with a reason if we suspend or deactivate your account.

  1. Governing Law and Jurisdiction

5.1 By accessing the DiDi App to use the services provided by DiDi or cooperative service providers, you agree that such access or services shall be governed by the laws of New South Wales. If any of the terms in this Agreement is invalid or unenforceable, they can be severed without affecting the enforceability of the other terms in any way.

5.2 If you have a dispute under the terms of this Agreement you should first contact us and inform us of the basis of your dispute. We will endeavour to resolve the dispute by negotiation with you. If we cannot settle the dispute then you agree that you will use best endeavours to agree an appropriate dispute resolution process with us. This does not limit our rights under this Agreement, including to limit, suspend, deactivate or cancel your licence granted under this Agreement. We reserve the right to seek injunctive or other equitable relief.

Last update: September 2020