Terms and Conditions of Use of DiDi Driver - Taxi

DiDi Taxi Pte. Ltd. (hereinafter referred to as “DiDi” or the “Company”), a company duly established according to the laws of Singapore, having its offices at 163 Tras Street, #03-01, Lian Huat Building, Singapore -079024.
DiDi and its affiliates provide the technology services of making available to the users a technology platform that allows them, based on the mobility needs of the Passenger (as defined below), to organize and plan mobility and logistics services online with third-party independent taxi drivers who are the providers of such services (the "Services") and are affiliated or associated to taxi operating companies as may be required by applicable law. As mere technology provider, DiDi has no relation with the taxi service being provided by the taxi driver and/or the taxi operating company.
The taxi driver who is accessing, browsing or using DiDi Driver - Taxi and relevant DiDi websites is hereinafter referred to as the “Taxi Driver”.
If applicable, the taxi driver who is accessing, browsing or using DiDi Fleet - Taxi and relevant websites and acts as prime contractor of the actual Taxi Drivers is hereinafter referred to as the “Non-Driving Taxi Partner”.
The Non-Driving Taxi Partner may bind with the Taxi Driver through the information interaction via DiDi Fleet - Taxi and DiDi Driver - Taxi.
The Taxi Driver who has bound with the Non-Driving Taxi Partner is hereinafter referred to as the “Binding Taxi Driver”.
All sections in these Terms and Conditions referring to the DiDi Fleet - Taxi, the Non-Driving Taxi Partner and the Binding Taxi Driver shall only apply if and when the DiDi Fleet - Taxi becomes available.
The passenger who is accessing, browsing or using DiDi Passenger - Taxi and relevant websites is hereinafter referred to as the “Passenger”. The Passenger who is appointed through DiDi Driver - Taxi to the Taxi Driver is hereinafter referred to as the “Appointed Passenger”.
The Taxi Driver shall be ruled by these Terms and Conditions of Use of DiDi Driver - Taxi (hereinafter referred to as the “Terms and Conditions”).
In accordance with the interaction between DiDi and the Taxi Drivers, and the Service execution, the Taxi Driver fully acknowledges and agrees that no direct or indirect labor relationships exist between the Taxi Driver and DiDi and therefore there is no subordination. Hence, the laws and regulations applicable to labor relations shall not apply. The Taxi Driver declares and represents that he/she is properly affiliated and associated to a taxi operating company in accordance with the applicable law, and that he/she complies with any and all applicable regulatory requirements. As a mere technology provider, DiDi has no involvement with the above-mentioned taxi relationship. No joint venture, partnership, employment, or agency relationship exists between Taxi Driver, DiDi or any third-party provider as a result of the Terms and Conditions or use of the Service.
By using the user account and password of DiDi Driver - Taxi, the Taxi Driver may log into DiDi Fleet - Taxi. However, the Taxi Driver may not experience the full services on DiDi Fleet - Taxi until he/she uploads all documents and information as required, approved by DiDi and DiDi Fleet - Taxi, and agree to be bound by all of the Terms and Conditions of DiDi Fleet - Taxi.
Before using DiDi Driver - Taxi, please read these Terms and Conditions carefully (especially the parts highlighted in bold). Please note that the Taxi Driver may not access or use the Services until he/she provides all of the documents and information as required, approved by DiDi Driver - Taxi and DiDi, and agrees to be bound by these Terms and Conditions.
If the Taxi Driver selects and uses the Services, the Taxi Driver shall be deemed to have fully read and accepted all the terms hereof and agreed to these Terms and Conditions, which are legally binding between the Taxi Driver and the Company. The Taxi Driver shall observe the following terms in good faith when using DiDi Driver - Taxi.
These Terms and Conditions are applicable to all users or browsers of DiDi Driver - Taxi, and are subject to modification at any time as a result of business policy adjustment or for any other reason.
The Taxi Driver should frequently visit this webpage and/or DiDi Driver - Taxi to keep himself or herself updated on the then-current terms. Notices, terms or other requirements expressly specified or integrated on the webpage and/or DiDi Driver - Taxi are integral part of these Terms and Conditions, certain parts of the terms may be replaced by the most updated legal notices, terms or requirements expressly specified or integrated on the webpage and/or DiDi Driver - Taxi. By accepting these Terms and Conditions, the Taxi Driver has also carefully read and accepted such terms referred to or replaced. If the Taxi Driver keeps on using services provided by the Company, the Taxi Driver will be deemed as having accepted the most updated Terms and Conditions, otherwise the Taxi Driver shall stop using DiDi Driver - Taxi immediately.
These Terms and Conditions expressly supersede prior agreements or arrangements that the Company entered with the Taxi Driver for the purpose of using DiDi Driver - Taxi and the Services. DiDi may immediately terminate these Terms and Conditions or the Services with respect to the Taxi Driver, or generally cease offering or deny access to the Services or any portion thereof, if DiDi considers that there is any breach from the Taxi Driver.
DiDi further reserves the right to refuse providing the Services to the Taxi Driver or to refuse the Taxi Driver’s use of DiDi’s websites, services or applications if the Taxi Driver does not agree to these Terms and Conditions.
1.The Taxi Driver’s Registration
1.1.To use the Services, the Taxi Driver must download DiDi Driver - Taxi, install it on his or her mobile device, and successfully complete the registration procedures. When registering, the Taxi Driver must ensure all information provided is accurate, complete and valid.
1.2.The Taxi Driver acknowledges and agrees that once the Taxi Driver becomes a registered user of DiDi Driver - Taxi, the Taxi Driver’s service account of the Company will be created by default. The default account and password shall be the account and password of the Taxi Driver’s DiDi Driver - Taxi account.
1.3.The Taxi Driver must have full capacity to enter into a contract in accordance with the applicable regulations. A person who is under the age of 18 cannot become a Taxi Driver.
1.4.The Taxi Driver must comply with all applicable regulations, including without limiting to those related to the rendering of taxi service. This obligation applies for the registration and also during the time of usage of DiDi Driver - Taxi.
2.Services
2.1The Passenger who is accessing, browsing or using DiDi Passenger - Taxi and DiDi’s websites may use the Services through big data analytics. The Company does not participate, and is not liable for the services relation between the Taxi Driver and the Passenger, neither for the relation between the Taxi Driver and the taxi operating company, or any other company to which he/she might be related, associated or affiliated in any manner in order to render the taxi service under applicable law. Through the Services, Appointed Passengers may request and enjoy mobility service provided by Taxi Driver who gets order information from DiDi Driver - Taxi. Through DiDi Driver - Taxi, the Taxi Driver can enjoy the Services, including but not limited to getting Appointed Passenger’s order information, and acquiring the revenues regarding the mobility services derived from such order, revenues that shall be received by the Taxi Driver through DiDi Passenger - Taxi.
2.2The Taxi Driver shall provide the Appointed Passenger with offline mobility service, which shall be requested by the Appointed Passenger through DiDi Passenger - Taxi. Before trip acceptance or after the Appointed Passenger gets off, the Taxi Driver may be in waiting-for-trip period, during which the Company will provide him/her with information. According to the real-time online and offline information interaction and effective matching of offline resources through big data analytics, DiDi Driver - Taxi will send the best-matched-trip information to the Taxi Driver. Cooperation between the Taxi Driver and the Company begins once he/she accepts the request through DiDi Driver - Taxi and ends when the Appointed Passenger gets off (hereinafter referred to as the “Cooperation Period”). For the avoidance of doubt, during such other time besides the Cooperation Period, the Company does not and will not require the Taxi Driver to continue to drive.
2.3The Taxi Driver or the Non-Driving Taxi Partner may upload information regarding the vehicles which he/she has legally occupied or possessed and register them on DiDi Fleet - Taxi (hereinafter referred to as the “Registered Vehicle”); Non-Driving Taxi Partner may bind a Registered Vehicle with more than one Binding Taxi Driver.
2.4The Binding Taxi Driver may bind with more than one Registered Vehicle.
2.5When the Binding Taxi Driver is providing transportation service for an Appointed Passenger through DiDi Driver - Taxi, the Binding Taxi Driver shall only bind with one vehicle.
2.6The Taxi Driver shall not process, publicize or disclose any personal information of any Passenger or Non-Driving Taxi Partner acquired in the rendering of its mobility services to any party, unless for the purpose of the Services.
2.7The Services require the Taxi Driver to submit to the Company certain personal information. The Taxi Driver agrees to maintain accurate, complete, and up-to-date personal information required by DiDi Driver - Taxi. Failure of complying with such obligation may result in the Taxi Driver’s inability to access or use the Services.
2.8Under no circumstances, DiDi will provide mobility services or any service related whatsoever to taxi. Mobility and taxi services are rendered exclusively by the Taxi Driver, who is fully liable and responsible for the rendering of the mobility and taxi services and the payment and declaration of taxes accrued as a consequence of the rendering of said services, as well as full compliance with any applicable law. The Taxi Driver declares DiDi free and clear from any type of lawsuit, claim, proceeding, action, fine or any other event related in any manner to the rendering of taxi service and in this sense by downloading the DiDi Driver - Taxi application, resigns and waives to any type of claim, request, indemnification or payment derived from the above-mentioned events.
3. Commitments and Warranties
3.1 The Taxi Driver shall comply with the following standards to be able to render taxi services connected through DiDi Driver - Taxi:
a. fulfill and maintain any mandatory requirement to be a qualified taxi driver prescribed by any applicable law and regulation;
b. have good driving behaviour;
c. have average native speaker’s Spanish language skills;
d. have a certificate of no criminal conviction or records;
e. have no dangerous driving record;
f. have no drunk driving record;
g. have no drug addiction record;
h. have no history of illness that may put Passengers and Taxi Driver’s safety at risk;
i. have no major traffic accident within 3 years; and
j. understand foreign languages as a plus (for simple conversation).
All documents requested to the Taxi Driver at the time of registration must be valid and the minimum age of the Taxi Driver must be of legal age (at least 18 years old).
The following diseases or actions could put the Passenger and Taxi Driver’s safety at risk:
a. Organic heart disease;
b. Epilepsy;
c. Meniere’s syndrome;
d. Vertigo;
e. Hysteria;
f. Parkinsonism;
g. Mental illness;
h. Dementia and nervous system diseases that affect limb exercise;
i. Taking or injecting drugs, taking dependent psychotropic drugs for a long time and becoming addicted, and not giving them up;
j. Other diseases and infectious diseases prevent driving safety (such as tuberculosis, mumps and other infectious diseases spreading by air and droplet); and
k. Any other matter prescribed by national laws and regulations or local implementation measures.
3.2 The service vehicle shall meet the following standards:
a. The Taxi Driver shall legally occupy the Registered Vehicle;
b. No cases such as major traffic accidents or being soaked in water have happened to the vehicle before;
c. Vehicle body is clean and dust-free, without damage or obvious scratches;
d. Vehicle license plate is clear;
e. No modification, no spray-paint decoration, no handheld radio subwoofer;
f. Lights shall be used properly;
g. Interior decoration is clean and tidy, and has no wear out and no smell;
h. Seats are clean and tidy, free of any wear out or folds;
i. Instrument keys can be used normally;
j. No advertisement stickers, accessories, pendants or other ornaments;
k. Items in the vehicle are neatly placed;
l. The glass of the vehicle shall be film-mounted;
m. Certificates and parts of the vehicle are complete, if applicable, including compulsory insurance sign, green environmental protection symbol (if applicable), vehicle inspection mark, driving license, maintenance manual, toolkit, fire extinguisher, jack, spare wheel, cigarette lighter and foot pads; and
n. Any other matter prescribed by applicable laws and regulations.
3.3 The Taxi Driver should not transport the items delivered by any Passenger separately if the Passenger chooses not to take the vehicle.
3.4 It is the Taxi Driver’s duty to keep all mobile device hardware or software upgraded to fit the then-current requirements of DiDi Driver - Taxi. The Company is not responsible for any problem that may arise when the Taxi Driver uses any non-latest updated version of DiDi Driver - Taxi and/or use DiDi Driver - Taxi on any mobile device which does not reach the then-current relevant requirements of DiDi Driver - Taxi. The Taxi Driver agrees that the Company can update the requirements of the mobile phone hardware and software of DiDi Driver - Taxi from time to time.
3.5 By using the Services, the Taxi Driver also agrees to the following:
a. the Taxi Driver will use the Services or DiDi Driver - Taxi in good faith;
b. the Taxi Driver will use the Services or DiDi Driver - Taxi only for personal use and will not resell to any third party, neither can use them for obtaining business or commercial intelligence for self-benefit or that of third parties;
c. the Taxi Driver will not use the Services or DiDi Driver - Taxi for any illegal purpose;
d. the Taxi Driver will not use the Services or DiDi Driver - Taxi to harass or obstruct others or cause inconvenience to others;
e. the Taxi Driver will not affect the normal operation of the network;
f. the Taxi Driver will not attempt to damage the Services or DiDi Driver - Taxi; and
g. the Taxi Driver will comply with all applicable laws of the country/region, province and/or city in which the Taxi Driver uses the application or the Services.
4. Service & Cooperation Fee
4.1To calculate the revenues of the Taxi Driver for the taxi services requested by the Passenger through the use of DiDi Passenger - Taxi, and the fees and taxes charged by DiDi for the provision of the Services, the tariffs will be determined by DiDi periodically, when requested by the competent authority, based on applicable law and rules. The fees charged by DiDi are published on DiDi Driver - Taxi.
4.2Under no circumstances, DiDi will render taxi services. Taxi services are rendered exclusively by the Taxi Driver, who is fully liable for the rendering of the taxi services and the payment of taxes accrued as a consequence of such rendering as well as for complying with any and all requirements and obligations under applicable law.
4.3The revenues related to the taxi services requested by Passengers through the Services and provided by the Taxi Driver, will be charged and collected by DiDi on behalf of the Taxi Driver, or by a third party designated by DiDi (“Authorized Third Party”), as a payment collection agent of the Taxi Driver. Passenger´s payment for such services shall be considered as payment made directly to the Taxi Driver for the taxi services. The Taxi Driver expressly authorizes and grants a mandate to DiDi to charge and collect said revenues on her/his behalf.
The Taxi Driver expressly authorizes DiDi to withhold the fees and Value Added Tax related to the intermediation services provided by DiDi and the fees that will be paid to the Authorized Third Party for its collection services. In this last case, the amount withheld will be paid to the Authorized Third Party on behalf of the Taxi Driver.
The Taxi Driver agrees that DiDi can, in its sole discretion, settle the payment of the Authorized Third Party's fees on behalf of the Taxi Driver as a temporary incentive.
All taxes and withholdings accrued as a consequence of the relationship between DiDi and/or the Taxi Driver with the Authorized Third Party, as well as of the incentive provided by DiDi, will be exclusively borne and paid by the Taxi Driver.
The Taxi Driver agrees that the Company can make settlement with him/her in a regular basis or not for the aforesaid cooperation based on the settlement standard updated from time to time.
4.4 The Binding Taxi Driver shall not withdraw any fare balance from his/her own account in DiDi Driver - Taxi, instead, the fare balance shall be solely controlled by the Non-Driving Taxi Partner first, and the Non-Driving Taxi Partner may distribute the fare according to the fare separation to the Taxi Driver as agreed.
4.5 The fare separation and relationship between the Non-Driving Taxi Partner and the Binding Taxi Driver shall be agreed otherwise by the Non-Driving Taxi Partner and the Binding Taxi Driver. DiDi shall not be responsible for any dispute that arises from fee collecting and the relationship between the Binding Taxi Driver and the Non-Driving Taxi Partner.
4.6 DiDi shall not be responsible for the issuance of any document or invoice required under applicable law or by the Passenger for the taxi service rendered by the Taxi Driver, or regarding the relation between the Taxi Driver and the Non-Driving Taxi Partner, and shall not be liable for any error or failure to deliver the relevant documents.
4.7 Though DiDi may provide to the Taxi Drivers and Non-Driving Taxi Partners the relevant information to issue the required documents or invoices requested by the Passenger according to the applicable laws, the Taxi Driver acknowledges that such provision may not consist in the issuance of said receipts or documents by DiDi or by any third party designated by DiDi for such purpose, on behalf of the Taxi Driver. DiDi shall not be responsible for the issuance of any document or invoice required by the Passenger for the taxi service, since DiDi does not render such service, and shall not be liable for any error or failure to deliver the relevant documents. In no way shall DiDi be held liable or responsible for any error or failure to deliver such documents. In this sense, neither DiDi nor any third party designated by DiDi for such purposes shall be liable for any error or failure to deliver the relevant document according to the applicable laws.
4.7.1 Billing
The Taxi Driver accepts and acknowledges that during the Taxi Driver's registration process on the DiDi Driver - Taxi application, the Taxi Driver will provide the necessary information to determine the billing structure that will be applicable to the Taxi Driver, and the applicable terms and conditions, specifically under the Argentinian tax law, the Taxi Driver will inform DiDi if it is obligated to issue invoices or not.
The Taxi Driver and Non-Driving Taxi Partners are obliged to inform DiDi whether he/she qualify as obligated to issue invoices or not, please make reply to DiDi via the customer contact of DiDi.
From the moment the Taxi Driver or Non-Driver Taxi Partner notifies DiDi of his/her obligation to issue invoices or not, in order to become a Taxi Driver or Non-Driving Taxi Partner, as the case may apply, but during relation with the DiDi, such confirmation is no longer accurate, he/she is obligated to immediately inform DiDi the change related to the obligation to issue invoices.
The omission to inform any change on the liabilities regarding invoicing to DiDi will turn the Taxi Driver or Non-Driving Taxi Partner as fully liable for any tax, fine, sanction, cost, expense, interest or indemnification that may be allocated, or charged or imposed to DiDi by any authority or third party, as a consequence of the change of liability of the Taxi Driver or Non-Driver Taxi Partner for invoicing purposes.
4.8 Telecommunications services and related fees, which may be incurred when using DiDi Driver - Taxi, are provided and charged by the telecommunication operators, not by DiDi.
4.9 The Taxi Driver expressly accepts and authorizes that DiDi may withhold, deduct, set off, suspend, claim, counterclaim or ask for any refund of any portion or the full amount of payments receivable or received by the Taxi Driver, in cases of dispute, fraudulent or Wrongful Acts (as defined below) of the Taxi Driver over his/her provision of mobility or logistics services, the use of the DiDi Driver - Taxi application, settlement of Service fees payable by Taxi Driver to DiDi or any of its components, promotions, tools, payment methods, among others. Said withholdings, deduction, setting off, suspensions, claim, counterclaim or refund requests will be made by DiDi according to its internal policies and based on the result of investigation carried out by DiDi, notwithstanding any additional measures or sanctions that may be taken as per the applicable law.
5. Service Guarantee
5.1 When the Taxi Driver accepts online car-hailing request and provides mobility services to the Appointed Passenger, the Taxi Driver should be responsible for the service quality and driving security according to the provisions of these Terms and Conditions and applicable laws in his/her jurisdiction. DiDi has no responsibility in this connection.
5.2 In case of any tort damage caused to any third party due to the Taxi Driver’s fault, the Taxi Driver shall bear the corresponding compensation liability. In case of any tort damage caused due to the Taxi Driver’s fault, or any loss caused to the Company due to the Taxi Driver’s breach of these Terms and Conditions, the Company has the right to claim compensation from the Taxi Driver.
5.3 The Taxi Driver acknowledges that there is no subordinated or labour related relationship between the Taxi Driver and DiDi or any of its affiliates derived from any and all of the activities performed by the Taxi Driver to which these Terms and Conditions apply, as defined under the governing law applicable to these Terms and Conditions.
6. The Taxi Driver’s Liability for Breach
6.1 The Taxi Driver shall provide the Appointed Passenger with mobility services in accordance with the agreed service standards and applicable laws in the Taxi Driver’s jurisdiction. The Taxi Driver does not perform the services to the Appointed Passenger in good faith if he does any of the following acts:
a. disclosing any inaccurate or incomplete information;
b. dropping off the Appointed Passenger halfway through the trip;
c. deliberately detouring;
d. illegally charging fees; or
e. taking revenge on the Appointed Passenger who complained about his/her service quality or made unsatisfactory comment on his/her service
(hereinafter shall be referred to as the “Wrongful Act”).
6.2 If the Taxi Driver commits a Wrongful Act, the Taxi Driver shall be deemed to have breached these Terms and Conditions no matter the Appointed Passenger makes complaints or not, and the Company has the right to terminate the cooperation with the Taxi Driver as the case may require. The Company has the right to require the Taxi Driver to make full compensation for the loss caused due to the Wrongful Act.
6.3 After accepting the request received through DiDi Driver - Taxi or DiDi Fleet - Taxi, the Taxi Driver shall not cancel the order, reject providing transportation services required by the Appointed Passenger, or induce or force the Appointed Passenger to cancel the order (hereinafter referred to as the “Cancellation after Order Acceptance”), unless the Appointed Passenger is putting the Taxi Driver at risk, or vehicle’s safety is inappropriate for providing services, or for any other rightful reason based on existing laws or regulations of the Taxi Driver’s jurisdiction. The Taxi Driver agrees and authorizes the Company to monitor the data concerning the Cancellation after Order Acceptance. Wrongful Cancellation after Order Acceptance shall be judged as a breach of these Terms and Conditions.
6.4 If the Taxi Driver violates any agreement which entered with DiDi or its affiliates, the Company may at its sole discretion to terminate these Terms and Conditions with the Taxi Driver as the case may require.
6.5 The Taxi Driver agrees to indemnify the Company and its related entities and their officers, directors and employees, immediately on demand, against all claims, liability, damages, costs and expenses, including legal fees, arising out of any breach of these Terms and Conditions entered between the Taxi Driver and DiDi or any other liabilities arising out of the Taxi Driver’s use of DiDi Driver - Taxi.
6.6 If the actual operating service vehicle is inconsistent with the registered information, including but not limited to false license plate, invalid insurance policy, false vehicle brand, the Taxi Driver shall pay DiDi a breach penalty of USD150 and DiDi, meanwhile, is entitled to terminate the agreement with the Taxi Driver and permanently stop providing service for the Taxi Driver.
6.7 The Company shall have the right to recover from the responsible party any portion exceeding the amount that is required to be indemnified under law, as well as to take any action against infringing parties or breaching parties.
7. Liability for Cheating
Any behaviour of obtaining monetary incentive or other benefits through any form of scalping or cheating behaviour may violate applicable laws and regulations, and the Company will severely resist or boycott such behaviours according to applicable laws and regulations. The Taxi Driver shall undertake the liabilities for such scalping or cheating behaviour, and such behaviour is deemed as a breach of these Terms and Conditions. Besides, the Company reserves the right to exercise all actions and any other right that the present Terms and Conditions and the applicable regulation may grant to it.
8. Suspension and Termination
8.1 The Company will determine, in its discretion, whether there has been a breach of these Terms and Conditions through the Taxi Driver’s use of DiDi Driver - Taxi. When a breach of these Terms and Conditions has occurred, the Company may take such action as it deems appropriate.
8.2 A breach of these Terms and Conditions may result in the following actions:
(i) issuance of a warning;
(ii) disclosure of relevant information to authorities;
(iii) immediate, temporary or permanent suspension and/or withdrawal of Taxi Driver’s right to use DiDi Driver - Taxi;
(iv) filing of legal proceedings against the Taxi Driver for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach; or
(v) taking further legal action against Taxi Driver.
9. Local Regulatory Restrictions
DiDi Driver - Taxi does not direct or lead any person to access the DiDi Driver - Taxi in any jurisdiction where (because of nationality, residence or otherwise) the access to or availability of DiDi Driver - Taxi is prohibited or which would be subject to any restriction, including registration or other requirements within such jurisdiction, to act illegally. DiDi reserves the right to limit the access to DiDi Driver - Taxi to any such person. Anyone who accesses DiDi Driver - Taxi in such jurisdiction does so on his/her own initiative and is responsible for compliance with applicable local laws and regulations. DiDi will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with use by a person in a jurisdiction where the access to or availability of DiDi Driver - Taxi is prohibited or subject to any restriction. If in doubt, the Taxi Driver should seek independent legal advice.
10. No Warranties
10.1 DiDi Driver - Taxi is provided “as is”. No warranty is given expressly or implied in respect of DiDi Driver - Taxi.
10.2 Except as expressly set out in these Terms and Conditions, all warranties, conditions and representations expressed or implied by statute or otherwise indicated by DiDi (including, without limitation, warranties as to satisfactory quality, fitness for purpose or skill and care) are hereby excluded by this article if permitted by law.
11. Limitation of DiDi’s Responsibility
11.1 The information provided and Services recommended to the Taxi Driver on DiDi’s websites or DiDi Driver - Taxi is for the Taxi Driver’s reference only. DiDi will use reasonable endeavour to ensure the accuracy of such information, provided that DiDi does not warrant that such information is free from any error, defect, malicious software or virus.
11.2 DiDi shall not be liable for any damage resulting from the use of (or any inability to use) DiDi’s websites or DiDi Driver - Taxi. In addition, DiDi shall not be liable for any damage resulting from the use of (or any inability to use) the electronic communication tools of DiDi’s websites or DiDi Driver - Taxi, including, without limitation, any damage caused by transmission failure, internet malfunction or delay of electronic communication, interception or manipulation of electronic communication by a third party or computer program used for electronic communication and virus transmission, power failure, strikes or any other labor dispute, riot, insurrection, upheaval, earthquake, fire, flood, storm, explosion, war, government act, order from judicial or administrative authorities, or any other force majeure event or third party omission.
11.3 DiDi shall not be liable for any indirect, incidental, moral, special, exemplary, punitive, or consequential damage, including loss of profits, lost data, or property damage related to, or otherwise resulting from any use of the Services, regardless of the negligence (either active, affirmative, sole, or concurrent) of DiDi, even if DiDi has been advised of the possibility of such damages.
11.4 DiDi does not guarantee the accuracy, completeness, adequacy and reliability of the information and content contained on DiDi Driver - Taxi or DiDi’s websites, including but not limited to texts, pictures, data, opinions, webpages or links, despite its efforts to provide accurate and exhaustive information to the extent possible. DiDi disclaims any liability to any error or omission, and does not make any express or implied warranty.
12. Authorization
12.1 Subject to the Taxi Driver’s compliance with these Terms and Conditions, DiDi authorise the Taxi Driver to download and install a copy of the applications on a single mobile device that the Taxi Driver owns or controls to run such copy of the applications solely for the Taxi Driver’s own personal use.
12.2 The Taxi Driver shall not: (1) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the services or applications in any way; (2) modify or create derivative works based upon the Services or applications; (3) create Internet “links” to the Services, or “frame” or “mirror” any application on any other server or wireless or Internet-based device; (4) reverse engineer or access the applications in order to design or build a competitive product or service, design or build a product using similar ideas or graphics to the Services or applications, or copy any ideas, features, functions or graphics of the Services or applications; or (5) launch an automated program or script, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Services or applications.
12.3 Furthermore, the Taxi Driver shall not: (1) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (2) send or store infringing, obscene, threatening, libelous or otherwise unlawful or tortious material, including material which violates third party privacy rights; (3) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (4) interfere with or disrupt the integrity or performance of DiDi’s websites, applications or Services or the data contained therein; or (5) attempt to gain unauthorized access to DiDi’s websites, applications, Services or related systems or networks.
12.4 DiDi shall have the right to investigate, and execute all claims and rights that the law and these Terms and Conditions grant DiDi, in case of any non-compliance breach of the obligations set forth above and bring a lawsuit for, any non-compliance set forth above to the fullest extent permitted by law. DiDi may participate in, and assist law enforcement authorities with, lawsuits against any Taxi Driver in breach of these Terms and Conditions. If DiDi finds that any content breaches these Terms and Conditions or otherwise prejudices DiDi’s websites, DiDi Driver - Taxi and/or the Services or applications therein, DiDi reserves the right to delete, or prohibit access to, such content at any time without further notification.
13. Intellectual Property Policy
13.1 DiDi and its affiliates own the intellectual property rights of all content distributed on DiDi Driver - Taxi, including, without limitation, software provided and related products or services, and such intellectual property rights are protected by laws. The absence of a statement of ownership in certain content does not constitute the failure of DiDi to be entitled thereto or assert the rights thereto, and the Taxi Driver shall respect the legitimate rights and interests of the right holder and lawfully use such content in accordance with laws, regulations and the principle of good faith.
13.2 Without the written consent of DiDi, no entity or individual shall use, make copies of, modify, take extracts from, disseminate, bundle with other products for use or sale, link or transmit via hyperlink, store in an information retrieval system or use for any other commercial purposes any part of the aforesaid software, products, services, information or words in any way for any reason, except for downloading or printing for non-commercial personal use provided that no modification shall be made thereto and the statement of copyright or other ownership contained therein shall be retained.
13.3 The trademarks and logos (hereinafter collectively referred to as the “Trademarks”) used and displayed in such software shall be the registered and unregistered Trademarks of DiDi and its affiliates protected by laws. No person shall use any content of such software, “DiDi”, “DiDi Chuxing”, “DiDi Hailing” and similar names as well as related Trademarks in any manner without the written consent of DiDi.
13.4 If the Taxi Driver prints off, copies, downloads, modifies or links any part of the content available via the websites or the applications in breach of these Terms and Conditions, the Taxi Driver’s right to use the Company websites and applications may be ceased immediately and the Taxi Driver must, at the Company’s discretion, return or destroy any copies (electronic or otherwise) of the materials the Taxi Driver have made.
14. Third Party Links and Services
14.1 While using relevant websites and applications, DiDi may from time to time provide the Taxi Driver with links to websites owned and controlled by third parties to facilitate the Passenger’s communication with, purchase products or services from, or participate in promotional activities offered by, such third parties. By clicking such links, the Taxi Driver will leave DiDi’s websites or DiDi Driver - Taxi and visit websites hosted by such third parties which are beyond DiDi’s control and have formulated their own terms, conditions and privacy policies. Therefore, DiDi shall not be responsible for the content and activities of such websites, nor shall DiDi assume any obligation. The Taxi Driver shall fully understand the content and activities of such websites and solely bear the legal liability and risks arising from the Taxi Driver’s browsing or access to such websites.
15. Term
15.1 These Terms and Conditions between the Taxi Driver and DiDi shall have no fixed term.
15.2 If the Taxi Driver commits any of the following acts, DiDi shall have the right to terminate these Terms and Conditions at any time and effective immediately (that is, the Taxi Driver will be prohibited from using DiDi Driver - Taxi and the Services):
a. the Taxi Driver violates or breaches any of these Terms and Conditions, any policies, rules, manuals or similar issued by DiDi from time to time and published in any of its websites, or notified by any means to the Taxi Driver;
b. in DiDi’s sole discretion, the Taxi Driver abuses DiDi Driver - Taxi, the Services or DiDi’s websites.
15.3 Although DiDi terminates these Terms and Conditions, the Taxi Driver shall be responsible for any damage or harm that might derive from such breach.
15.4 After termination, DiDi will give the relevant notice in accordance with these Terms and Conditions.
16. Force Majeure
In case of a force majeure event, the affected party may temporarily suspend the performance of its obligations hereunder until the effect of such force majeure event ceases and shall bear no liability for breach of contract; provided, however, that such party shall use its best efforts to resolve such event and mitigate losses. Force majeure means any unforeseeable or unavoidable (even if foreseeable) event beyond the control of the parties which prevents, affects or delays a party’s performance of all or part of its obligations hereunder. Such events include but not limited to earthquakes, war, modification of government laws, regulations and policies, computer viruses, hacker attacks or suspension of services provided by telecommunication agencies.
17. Miscellaneous
17.1 If certain terms of these Terms and Conditions are held to be invalid but the other terms are able to remain valid and the enforceability thereof is not affected, DiDi shall determine whether to continue to perform such other terms.
17.2 DiDi may give a notice by posting a general notice on its websites and/or DiDi Driver - Taxi or by sending an e-mail or text message to the e-mail address or mobile phone number registered in the Taxi Driver’s account information. The notices, which may be posted from time to time, constitutes a part of these Terms and Conditions.
17.3 The Taxi Driver shall not assign any rights under these Terms and Conditions without DiDi’s prior written consent.
18. Other Applicable Terms
These Terms and Conditions refer to the following additional terms, which also apply to the Taxi Driver’s use of the Company websites, content, products, Services and applications and which, by using, the Taxi Driver agrees to comply with the Privacy Policy of DiDi Driver - Taxi sets out the terms on which the collected or provided personal data and other information from the Taxi Driver shall be treated.

19. Governing Law and Jurisdiction
These Terms and Conditions shall be governed by the laws of Argentina.

In the event of a dispute regarding the Services, the Taxi Driver shall first seek settlement of the disputes by referring the dispute to DiDi via DiDi Driver - Taxi. DiDi will investigate the matter and use its best endeavors to resolve the disputes upon receiving the notice. If the Parties are unable to resolve the dispute in good faith, such dispute shall be resolved pursuant to the terms described herein.

Any conflict, claim or controversy arising out of or in connection with the breach, termination, performance, interpretation or validity of these Terms and Conditions or the use of DiDi’s websites or DiDi Driver - Taxi shall be referred to and finally resolved by the ordinary courts in commercial matters of Ciudad Autónoma de Buenos Aires.
20. Survival
Even if these Terms and Conditions are terminated or annulled, the clauses regarding liabilities for breach, intellectual property, confidential obligation of the Taxi Driver, governing law and jurisdiction shall survive.