ISSUED AND EFFECTED ON 2 FEBRUARY 2019
DiDi Mobility Information Technology Pte. Ltd. (hereinafter referred to as “DiDi” or the “Company”), a company duly established according to the laws of Singapore, has its offices at 163 Tras Street #03-01 Lian Huat Building Singapore (079024).
This application is hereinafter referred as “DiDi Passenger”. The user who is accessing, browsing or using DiDi Passenger and relevant websites is hereinafter referred to as the “Passenger”. DiDi and its affiliates provide the Passenger with online car-hailing and other services based on the Passenger’s needs through DiDi Passenger with real-time online and offline information interaction and effective matching of offline resources through big data analytics (hereinafter referred to as the “Services”). The user who is accessing, browsing or using DiDi Driver and relevant websites is hereinafter referred to as the “Driver”. The Driver who is appointed through DiDi Passenger to the Passenger is hereinafter referred to as the “Appointed Driver”.
The Passenger shall be governed by this Terms and Conditions of Use of DiDi Passenger (hereinafter referred to as the “Terms and Conditions”).
Before using DiDi Passenger, please read the Terms and Conditions carefully (especially the parts highlighted in bold). Please note that the Passenger may not access or may not fully access the Services until he/she provides all of the documents and information as required, approved by DiDi Passenger and DiDi, and agrees to be bound by the Terms and Conditions. If the Passenger selects and uses the Services, the Passenger shall be deemed to have fully read and accepted all the terms hereof and agreed the Terms and Conditions, which are legally binding between the Passenger and the Company. The Passenger shall observe the following terms in good faith when using the DiDi Passenger.
The Terms and Conditions are applicable to all users or browsers of DiDi Passenger, and are subject to modification at any time as a result of business policy adjustment. The Passenger should frequently visit this webpage and/or DiDi Passenger 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 Passenger are integral part of the 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 Passenger. By accepting the Terms and Condition, the Passenger has also carefully read and accepted such terms referred to or replaced. If the Passenger keeps on using services provided by the Company, the Passenger will be deemed as having accepted the most updated Terms and Conditions or the Passenger shall stop using DiDi Passenger immediately.
The Terms and Conditions expressly supersede prior agreements or arrangements that the Company entered with the Passenger for the purpose of using the DiDi Passenger and the Services. DiDi may immediately terminate the Terms and Conditions or any Services with respect to the Passenger, or generally cease offering or deny access to the Services or any portion thereof, if DiDi considers that there is any breach from the Passenger.
DiDi further reserves the right to refuse to provide the Services to the Passenger or to refuse the Passenger’s use of DiDi’s websites, services or applications without any reason.
1. The Passenger’s Registration
1.1 To use the online car-hailing services, the Passenger must download DiDi Passenger, install it on his or her mobile device, and successfully complete the registration procedures. When registering, the Passenger must ensure all information the Passenger provided is accurate, complete and valid.
1.2 The Passenger acknowledges and agrees that once the Passenger becomes a registered user of DiDi Passenger, the Passenger’s service account of the Company will be opened by default. The default account and password shall be the account and password of the Passenger’s DiDi Passenger account.
1.3 The Passenger shall have full capacity for civil conduct in accordance with the Federal Civil Code. In the event that the Passenger do not have full capacity for civil conduct or the Passenger is a person with limited capacity for civil conduct, the Passenger must ride with the Passenger’s guardian, and the Passenger’s guardian shall assume any liability and consequence arising from or in connection with the Terms and Conditions.
2. Services
2.1 The online car-hailing services are made available to the Passenger on the DiDi Passenger. The Passenger may select and use the Services through the DiDi Passenger downloaded and installed on the Passenger’s mobile device. The Services enable the Passenger to arrange and schedule transportation services conducted by the Appointed Driver, who are not employees, officers or representatives of the Company.
2.2 The Passenger acknowledges that the Passenger’s ability to obtain transportation and/or logistic services through use of the Services does not establish the Company as a provider of transportation, logistics or delivery services or as a transportation carrier.
2.3 Unless otherwise agreed by the Company in a separate written agreement with the Passenger, the Services are made available solely for the Passenger’s personal, noncommercial use.
2.4 To use the Service, requires the Passenger to submit to the Company certain personal information. The Passenger agrees to maintain accurate, complete, and up-to-date personal information required by DiDi Passenger. Failure of maintaining such information may result in the Passenger’s inability to access or use the Services.
3. Use of the Services
3.1 An online car-hailing order shall commence when the system successfully matches an order following a request by the Passenger. The Passenger may make an express vehicle hailing request on the DiDi Passenger. DiDi will allocate a suitable Driver with a vehicle based on our analysis to the Passenger according to the Passenger’s booking information.
3.2 DiDi will use reasonable endeavors to make the Services available to the Passenger subject to the availability of vehicles at the time and place the Passenger makes the request.
3.3 DiDi would not be responsible for any loss or damages if the Passenger entrusts the Appointed Driver to transport articles when the Passenger does not ride with the vehicle, since DiDi cannot ensure these articles won’t be damaged by the Appointed Driver or any third party during the transportation of the articles. If the Passenger insists entrusting the Driver to transport articles for the Passenger, the entrustment is a private behavior between the Passenger and the Driver.
3.4 The Passenger shall not ride with hazardous articles or other articles prohibited or inappropriate articles as held by any law, rule or regulation; otherwise, the Driver has the right to refuse to provide service and the Passenger shall assume any consequence, liability and responsibility arising from carrying such articles.
3.5 The Passenger shall not make any uncivilized behavior (including smoking, drinking alcohol, spitting and other behavior) when using the Services.
3.6 The Passenger shall not make or instruct Drivers to perform any behavior in violation of any traffic rule or other applicable law or regulation. In the event of administrative punishment, personal injury, traffic accident, vehicle damage or other losses because the Passenger have carried out such prohibited behaviors, the Passenger shall compensate the party suffering losses.
3.7 The Passenger shall not publicize or disclose personal information of any other passenger or driver acquired in the Services to any party for the purpose other than enjoying the Service, unless obtained through other legal channel or permitted by relevant laws.
3.8 The Passenger is responsible for all activities that occur under the Passenger’s account, and the Passenger agrees to maintain the security and secrecy of the Passenger’s account username and password at all times. Unless otherwise permitted by The Company in writing, the Passenger may only possess one Account.
3.9 The collection and use of personal information in connection with the Services is described in the Privacy Policy of DiDi Passenger.
3.10 The Passenger accepts and acknowledges that there is no subordinated or labor related relationship between the Driver, or any individual or entity managing the activities of the Driver, and DiDi or any of its affiliates derived from any and all of the activities performed by the Driver to which the Terms and Conditions apply, the aforementioned in terms of the applicable Mexican labor, social security and tax laws and regulations. The Passenger acknowledges that any individuals or entities managing or related to the activities performed by the Driver are not employed, owned or controlled by DiDi
4. Warranties and Covenants
4.1 The Passenger warrants that the information provided by the Passenger to DiDi shall be true, accurate and complete. In connection with the Services, DiDi reserves the right to verify the Passenger’s information.
4.2 By using the Services or the DiDi Passenger, the Passenger also agrees to the following:
a. the Passenger will use the Services or download the DiDi Passenger for personal use and will not resell the same to any third party;
b. the Passenger will not use the Services or the DiDi Passenger for any illegal purpose including, without limitation, transmitting or storing illegal materials or for fraudulent purposes;
c. the Passenger will not use the Services or the DiDi Passenger to harass or obstruct others or cause inconvenience to others;
d. the Passenger will not affect the normal operation of the network;
e. the Passenger will not attempt to damage the Services or the DiDi Passenger;
f. the Passenger will provide identity documentation as reasonably requested by DiDi;
g. the Passenger will conduct all the payments for the requested Services.
h. the Passenger will comply with all applicable laws of the country/region, province and/or city in which the Passenger use the application or the Services.
4.3 It is the Passenger’s duty to keep all mobile device hardware or software upgraded to fit the then current requirements of the DiDi Passenger. The Company is not responsible for any problem that may arise when the Passenger uses any non-latest updated version of DiDi Passenger or/and use DiDi Passenger on any mobile device which not reaches the then current relevant requirements of DiDi Passenger. The Passenger agrees that the Company can update the requirements of the mobile phone hardware and software of DiDi Passenger from time to time.
5. Payment
5.1 The Passenger agrees to and accepts the relevant service prices currently in effect or as updated on the DiDi Passenger. The Passenger may check relevant service prices on the DiDi Passenger. These prices may change from time to time based on market supply and demand, and the Passenger is solely responsible for monitoring these service prices and selecting services suitable to the Passenger. Price may be adjusted from time to time according to the real time requests.
5.2 After using the Services by making an order for a trip, the Passenger shall promptly pay total charge of the order as presented by the DiDi Passenger. If any charge is overdue, the Company shall have the right to refuse to provide the Passenger the Services. The Passenger understands and agrees that the Company shall have the right to submit information in respect of the Passenger’s breach of contract to a third party credit reference agency.
5.3 The Passenger acknowledges that DIDI MOBILITY MEXICO, S.A. DE C.V. is the payment agency in respect of the Services.
5.4 The Passenger may make payment on the DiDi Passenger via the Passenger’s third party electronic payment account and online bank payment systems. The processing of payments shall be subject to the Terms and Conditions and the terms and policies of the electronic payment service providers and credit/debit card issuing banks. DiDi shall not be liable for any errors made by electronic payment service providers or banks. DiDi will obtain the details of the specific transactions relating to the Passenger’s use of the Services. DiDi will strictly comply with relevant laws and regulations and the Company’s policies in using such information.
5.5 The Passenger acknowledges that the issuance of any and all invoices that the Passenger may require for transportation service shall be issued by the Driver or any individual or entity managing the activities of the Driver, whoever applicable, as required by applicable laws or regulations. The Passenger shall be responsible for (i) requesting any and all tax invoices that the Passenger may require and (ii) providing any and all personal information required by the DiDi Passenger and relevant websites as from the date in which the means to request tax invoices and provide such personal information are available on DiDi Passenger or DiDi’s relevant website, or any other means seen fit by DiDi for such purpose. Though DiDi may facilitate relevant Driver or the applicable service provider to issue invoice for the transportation services provided, DiDi shall not be responsible for the issuance of any invoice required by the Passenger for the transportation service, since DiDi does not render such service, and shall not be liable for any error or failure to deliver the relevant tax invoice. In no way shall DiDi be held liable or responsible for any error, inconsistency or malfunction of DiDi Passenger or relevant websites that may affect the provision of tax invoices. The Passenger acknowledges that it is the sole responsibility of the Driver or the individual or entity providing the transportation service, whoever applicable, to duly deliver tax invoices to the Passenger.
5.6 The Passenger acknowledges that DiDi may facilitate the issuance of tax invoices that the Driver or the individual or entity providing the transportation service are required by the applicable laws and regulations. The Passenger acknowledges that such facility may consist on the issuance of said tax invoices by any third party designated by DiDi for such purpose, on behalf of the Driver or the individual or entity providing the transportation service, in terms or rule 2.7.1.3. of the Tax Miscellaneous Resolution for Fiscal Year 2018 (or any successor provision), or any other mechanism as seen fit by DiDi. The Passenger also acknowledges that DiDi and any third party designated by DiDi for such purposes shall not be responsible for the issuance of any invoice derived from the application of said rule 2.7.1.3., required by the Passenger for the transportation service, and DiDi and any third party designated by DiDi shall not be liable for any error or failure to deliver the relevant tax invoice.
5.7 The Passenger is able to manage the Passenger’s trip. The Passenger may check the status of the Passenger’s order on the DiDi Passenger.
5.8 The Passenger shall check the Passenger’s actual payment amount of the order immediately after the completion of each order. If the Passenger have any objection with the payment amount, he/she shall contact DiDi immediately.
5.9 Telecommunication services and related fees, which may be incurred when using the DiDi Passenger, are provided and charged by the telecommunication operators, not by DiDi.
6. Indemnification
6.1 By using the Services on the DiDi Passenger, the Passenger agrees to indemnify DiDi for any and all claims, costs, compensation, losses, debts and expenses, including, without limitation, attorneys’ fees and litigation costs, arising from or in connection with the following matters (hereinafter referred to as “Wrongful Act”):
a. the Passenger violates or breaches any term of the Terms and Conditions or any applicable law and regulation (whether or not they are referred to herein);
b. the Passenger infringes any right of any third party;
c. the Passenger abuses DiDi Passenger or the Services;
d. the Passenger causes damage to the vehicle or its internal equipment due to gross negligence or willful misconduct.
7. Local Regulatory Restrictions
DiDi Passenger does not direct or lead any person in any jurisdiction where (because of nationality, residence or otherwise) the access to or availability of DiDi Passenger is prohibited or which would be subject to any restriction, including registration or other requirements within such jurisdiction. DiDi reserves the right to limit access to DiDi Passenger to any such person. The Person who accesses DiDi Passenger does so on their own initiative and are 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 Passenger is prohibited or subject to any restriction. If any doubt, the Passenger should seek independent legal advice.
8. No Warranties
8.1 DiDi Passenger is provided “as is”. No warranty is given express or implied in respect of DiDi Passenger and in the material published on the app, including without limitation the content.
8.2 Except as expressly set out in the 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 it permitted by law.
9. Limitation of DiDi’s Responsibility
9.1 The information provided and Services recommended to the Passenger on DiDi’s websites or DiDi Passenger is for the Passenger’s reference only. DiDi will use reasonable endeavor 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.
9.2 DiDi shall not be liable for any damage resulting from the use of (or any inability to use) DiDi’s websites or DiDi Passenger. 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 Passenger, including, without limitation, any damage caused by transmission failure, Internet disfunction 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.
9.3 DiDi shall not be liable for any indirect, incidental, special, exemplary, punitive, or consequential damage, including lost profits, lost data, personal injury, 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.
9.4 DiDi does not undertake with respect to the accuracy, completeness, adequacy and reliability of the information and content contained on DiDi Passenger 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, nor make any express or implied warranty.
9.5 The Passenger understands and acknowledges that when the Passenger requests online car-hailing services on the DiDi Passenger, the Company conducts big data information processing on the backend based on such request and provides information on available vehicles to the Passenger’s mobile device, after which the successfully matched Driver provides offline transportation services to the Passenger.
10. Authorization and License
10.1 Subject to the Passenger’s compliance with the Terms and Conditions, DiDi grants to the Passenger a limited, non-exclusive and non-transferable license to download and install a copy of the application on a single mobile device that the Passenger owns or controls to run such copy of the application solely for the Passenger’s own personal use.
10.2 The Passenger 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.
10.3 Furthermore, the Passenger 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 violates to 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.
10.4 DiDi shall have the right to investigate, 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 passenger in breach of the Terms and Conditions. If DiDi finds that any content breaches the Terms and Conditions or otherwise prejudices DiDi’s websites, DiDi Passenger 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.
11. Intellectual Property Policy
11.1 DiDi and its affiliates own the intellectual property rights of all content distributed on DiDi Passenger, 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 Passenger 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.
11.2 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.
11.3 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 in car-hailing industry and other related fields and 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.
11.4 If the Passenger prints off, copies, downloads, modifies or links any part of the content available via the websites or the applications in breach of the Terms and Conditions, the Passenger’s right to use the Company websites and applications may be ceased immediately and the Passenger must, at the Company’s discretion, return or destroy any copies (electronic or otherwise) of the materials the Passenger have made.
12. Third Party Links and Services
While using relevant websites and applications, DiDi may from time to time provide the Passenger with links to websites or access to services 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 or switching to such functions, the Passenger will leave DiDi’s websites or DiDi Passenger and visit websites or services 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 Passenger shall fully understand the content and activities of such websites and solely bear the legal liability and risks arising from the Passenger’s browsing or access to such websites.
13. Term
13.1 The Terms and Conditions between the Passenger and DiDi shall have no fixed term.
13.2 The Company will determine, at its sole discretion, whether there has been Wrongful Act. If the Passenger conducts any Wrongful Act, the Company may at its sole discretion take actions as it deems appropriate, including but not limited to terminate the Terms and Conditions with the Passenger and stop providing the Service to the Passenger as the case may require. Wrongful Act may lead to the following actions:
a. 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 action against infringing parties or breaching parties.
b. The Passenger shall have the right to terminate the Agreements any time by cancelling the Passenger’s user account at any time according to the instructions posted on DiDi’s website. After termination, the Passenger will not be able to use DiDi Passenger and Services therein until the Passenger re-register and re-install DiDi Passenger successfully.
13.3 Although DiDi terminates the Terms and Conditions, the Passenger shall comply with its payment obligations and shall be responsible for any damage or harm that might derive from such breach.
13.4 DiDi is not obligated to provide advance notice of termination of the Terms and Conditions. After termination, DiDi will give the relevant notice in accordance with the Terms and Conditions.
14. 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 earthquake, war, modification of government law, regulation or policy, computer virus, hacker attack or suspension of Services provided by telecommunication agencies.
15. Miscellaneous
15.1 If certain terms of the 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.
15.2 DiDi may give a notice by posting a general notice on our website and/or DiDi Passenger or by sending an e-mail or text message to the e-mail address or mobile phone number registered in the Passenger’s account information. The notices, which may be posted from time to time, constitutes a part of the Terms and Conditions.
15.3 The Passenger shall not assign any rights under the Terms and Conditions without DiDi’s prior written consent.
16. Other Applicable Terms
The Terms and Conditions refer to the following additional terms, which also applies to the Passenger’s use of the Company websites, content, products, Services and applications and which, by using, the Passenger agrees to comply with:
i. The Privacy Policy of DiDi Passenger sets out the terms on which the collected or provided personal data and other information from the Passenger shall be treated.
17. Governing Law
The Terms and Conditions shall be governed by the applicable laws of Mexico. Any conflict, claim or controversy arising out of or in connection with the breach, termination, performance, interpretation or validity of the Terms and Conditions or the use of DiDi’s websites or DiDi Passenger shall be subject to the jurisdiction of a competent court in Mexico City, Mexico, and the parties hereby expressly and irrevocably waive any other jurisdiction they may be entitled to pursuant to their respective current or future domiciles.
18. Survival
Even if the Terms and Conditions are terminated or annulled, the clauses regarding liabilities for breach, intellectual property, confidential obligation of the Passenger, governing law and jurisdiction shall survive.

TERMS AND CONDITIONS OF USE OF DIDI PASSENGER