images

Legal Terms, Conditions & Privacy

Terms & Conditions - Effective from June20th, 2018. Client by using our service(s) will agree and accept following terms & conditions.

Copyright

All copyright, trademarks and all other intellectual property rights in the Website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website) are owned by or licensed to OMBC Solutions (Pvt.) Ltd. or otherwise used by OMBC Solutions (Pvt.) Ltd.as permitted by law. In accessing the Website, you agree that you will access the content solely for your personal, non-commercial use.

Services

We provide exclusive chauffeur & other services, for you to travel in ease in the comfort of your own vehicle covering all eventualities including driving bans. We reserve the right to cancel bookings, revise our terms and conditions, rates, days and times of operation of services offered without notice.

Bookings

Bookings are accepted via email, web application, telephone or through the mobile application. Services are providedon an ‘as available basis’. You may make amendments to the booking, subject to at least 1-hour prior notification to the management. Chauffeurs do not have the authority to alter the booked times, pick up or drop off destination or routes without the prior consent of the management. You would be charged an additional fee for deviations from the original booking instructions. Such additional payments should be made to the Chauffeur at the drop off location or at the end of the provision of services.

Members

All the bookings are interrogated withvehicle numbers which have been registered at the initial registration. Service will be offeredin the presence ofthe registered member only. Member can alter the vehicle numbers with a prior notice to info@drinkdrive.lk. Only one amendment is allowed per year. Membership entitlements and discounted rates grantedfor the members of partner outlets cannot be applied simultaneously.

Rates

Package rates do not include tolls, parking fees, fuel, meals, and accommodation, waiting time, entrance fees or other incidental costs.

Cancellation

A cancellation fee will be applied upon the cancellation of a booking on management discretion. However, outstanding payments made will be set off against any future bookings subject to any deductions and will not be refundable.

Chauffeurs

All chauffeurs & riders possess a valid driving license, well trained, polite, courteous,not under the influence of intoxicating liquor and bears no legal impediment to carry out the services. The management would inquire, any complaints related to the chauffeurs, may benotified via email or a phone call with details.

Limitation of Liability

• You are entirely responsible for the whereabouts and safekeeping of your personal belongings. We will accept no liability for loss or damage at any time under any circumstance.

• Our terms and conditions apply exclusively for the supply of the services mentioned herein and are not binding for additional services.

• In any event we will not be liable, whether in tort, in contract or otherwise for any accident, delay, injury, irregularity, loss or damage to persons or property for any kind whatsoever and howsoever arising (including but not limited to any negligence or breach of contract by us or the chauffeurs) caused or incurred during or in relation to the provision of service mentioned herein. We accept no liability for any business loss, which includes loss of contracts, loss of profit, loss of revenue or loss of anticipated savings.

• We reserve the right to subcontract the provision of the services to our chosen third-party subcontractors and our liability is limited to ensuring that we use due care and skill in selection of the subcontractor. In any instance our liability will be only up to the value paid for the services.

Warranty

The client represents and warrants that he/she/it is the owner of the vehicle used for the provision of services or that he/she/it has obtained the consent from the owner of the vehicle and has the authority to use the same and further represents and warrants that his/her/its vehicle is insured and possess a valid revenue license.

Indemnity

The client shall indemnify, defend and hold harmless OMBC Solutions (Pvt.) Limited, its directors, officers, shareholders, employees, representatives, agents and chauffeurs against any and all loss, injury, damage, cost or expense, arising out of or occurring in connection with non-compliance of the terms and conditions mentioned herein, breach of warranties or any act, omission, negligence and willful misconduct by the client or its authorized agent or violation of any applicable laws regulations.

The clientshall remain trustworthy on transportation of lawful properties.

Unforeseen Circumstances

We will make every effort to arrive at your pick-up location on time. However, occasionally; allowance must be made for unforeseen circumstances such as traffic, road and weather conditions, illness, vehicle breakdown etc. which will be duly communicated beforehand.

Unacceptable Conduct

We reserve the right to terminate the provision of services at any time in the event the chauffeur is subject to threatening, abusive, unlawful or inappropriate behavior or any other circumstances when a client’s conduct may prejudice the safety of themselves and the chauffeur and also in the event whereby the chauffeur has reasonable belief that the client is about to engage/ engaged in any criminal/unlawful activity.

Personal Information

• The personal information disclosed to us will be used for the purpose of providing the services only. Your personal information will not be given to any third party except where the purpose relates to fulfilling the obligations related to the services. We may retain your information for use in future bookings. If, at any time you discover that the information held is incorrect, you may contact us to have the information corrected.

• We may be obliged to surrender your personal information to regulatory authorities and law enforcement officials in accordance with the applicable laws. Personal information may be disclosed to identify, contact or bring legal action against anyone, in the event of theft, illegal activity, injury or damage caused to any party including the chauffeur.

Force Majeure

We shall not be liable for any delay, failure of performance of our obligations under these terms and conditions for any cause beyond our reasonable control including act of god, governmental act, war, fire, flood, explosion or civil commotion, failure in information technology or telecommunication services or any industrial action.

Invalidity

In the event any provision of these terms and conditions are found by any court or competent authority to be invalid, unlawful or unenforceable in any court having jurisdiction, that provision shall be deemed not to be a part of this terms and conditions, it shall not affect the enforceability of the remainder of the terms and conditions nor shall it affect the validity, lawfulness or enforceability of that provision in any other applicable jurisdiction.

Governing Law and Jurisdiction

The provisions of this Agreement shall be governed by and construed in accordance with the Laws of Sri Lanka and the parties agree that the Courts of Sri Lanka shall have power to determine all disputes or matters pertaining or arising under or in relation to this agreement.

Acceptance

The use of our services is considered acceptance of these terms and conditions, deviations from these conditions, will be considered accepted only upon our written consent.

Definitions:

“Client” shall mean person/persons seeking services from OMBC Solutions (Pvt.) Ltd. (DrinkDrive) and all those accompanied by the client.

“Chauffeur” shall mean the person providing chauffeur services to the client.

Application and Compliance - This company is related to all directors, employees, officers, agents, advisors, consultants (collectively, “DrinkDrive”, “we”, “us”, “organization”) of OMBC Solutions (Pvt.) Ltd.