Terms of Service
1. Contractual Relationship.
Your access and use of the Platform constitutes an agreement to be bound by these Terms, which establishes a contractual relationship between you and Draewil. If you do not agree to these Terms, you may not access or use the Platform. These Terms are subject to change by Draewil, in Draewil’s sole discretion. Your continued use of this Platform will constitute your acceptance of and agreement to such changes.
2. The Platform.
The Platform - as provided by Draewil - connects and enables users of the Platform to book, arrange and schedule logistics and transportation services with independent third party service providers under agreement with Draewil or any of its affiliates (“Service Providers”). For the purpose of these Terms, Services mean all logistics and transportation services, including parcel delivery and chauffeur and vehicle leasing services, performed by third party Service Providers (“Services”).
3. License to the Platform.
Subject to your compliance with these Terms, Draewil grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to access and use the Platform on your personal device solely in relation to your use of the Services. Any rights not expressly granted herein are strictly reserved by Draewil and Draewil’s licensors.
The Platform, all copyright and intellectual property rights therein are and shall remain Draewil’s property. Nothing in these Terms nor your use of the Platform convey or grant to you any license or right: (i) in or related to the Platform except as expressly provided in these Terms or (ii) to use or reference in any manner Draewil’s company names, logos, product and service names, trademarks or services marks or those of Draewil’s licensors.
5. Your Use of the Services.
5.1 User Profile.
Users are required to register for a personal user account (“Account”) to access and use the Platform. To register for an Account, you must be at least 21 years of age, or the legal age of majority in your jurisdiction. To successfully complete the registration process, Draewil requires users to submit personal information. You agree to provide accurate, truthful, complete, and up-to-date information in your Account. Failure to provide, and thereafter maintain, the accuracy of information provided in your Account may affect your ability to access and use the Platform, or may lead to Draewil’s termination of these Terms with you. You are solely responsible for maintaining the secrecy of your Account login details (including username and password) at all times, and for all activities that occur under your Account. Unless otherwise permitted by Draewil in writing, you may only possess one Account.
5.2 User Rules of Conduct.
You agree to comply with all applicable laws as well as these Terms to continue your use of the Platform. You may not share your Account login details with third parties, nor allow the access to and use of your Account by persons under the age of 21. You may not assign or otherwise transfer your Account to any other person or entity. You agree and vow to only use the Platform for lawful purposes. You agree, in your use of the Platform, to not cause nuisance, annoyance, inconvenience, or property damage whether to other users, Service Providers or any other party.
By using the Draewil Platform, you acknowledge and agree that you may not:
1. Third Party Content.
For promotional or non-promotional purposes, the Platform may contain links to other websites belonging to or operated by third parties. By providing hyperlinks to external pages, Draewil shall not be established as to own, control, endorse, recommend or guarantee the content, services or products of third party websites in any way. Your use of the links and access to third party pages shall be at your own risk. Draewil will not be liable for any damages or losses suffered, directly or indirectly, as a result of your use of the links.
2. Forms of Communication.
You consent and authorize the use of your personal information by Draewil, Draewil’s affiliates and Service Providers for commercial or non-commercial purposes. Personal information includes your name, contact number, e-mail address, home address and other information provided by you (“Personal Information”). You acknowledge and agree that Draewil may share your Personal Information with Service Providers and Draewil’s affiliates. You agree to receive promotional and non-promotional notifications via text messages (SMS), e-mails, phone calls, push notifications or in-App notifications.
To opt out of receiving promotional notifications or messages from Draewil please address our customer support team at support@Draewil.com with e-mail subject titled “Unsubscribe” indicating that you no longer wish to receive such notifications, along with your name and phone number. You acknowledge and agree that by opting out your use of the Platform, and consequently your ability to be matched with a Service Provider, may be impaired.
You acknowledge and agree that fares and certain charges apply to your use of the Platform and consequently the Services obtained from Service Providers (“Charges”). You agree to pay without any delay all Charges applicable to you and your use of the Platform or Services obtained through the Platform to Draewil upon completion of Services or as otherwise determined by Draewil. Draewil will facilitate your payment of the applicable Charges on behalf of your Service Provider (as such Service Provider’s limited payment collection agent). Payment of the Charges in such manner shall be considered the same as payment made directly by you to your Service Provider. All Charges and payments are non-refundable, and are facilitated by Draewil using one of the following payment methods: cash, K-Net, credit card or Draewil’s credit. An e-mail of your credit balance will shortly follow. Draewil may from time to time revise the Charges applicable to your use of the Platform. It is your responsibility to check Draewil’s payment terms on this page prior to requesting a Service. Your continued use of the Platform constitutes your acceptance of such revised Charges.
3.1. Fares and Charges.
Charges and fares are calculated depending on the type of Service requested through your use of the Platform; whether it is parcel delivery or chauffeur and vehicle leasing services.
3.1.1. Chauffeur and vehicle leasing services
All Services with 10-minute minimum trip duration requested through the Platform are subject to a Base Fare charged at the time of pickup. The Base Fare is calculated as follows: price per minute x 5 minutes.
Service Fare is priced per minute. The Service Provider allows for a grace period of 5 minutes upon arrival to your pick-up or drop-off location before charging you. An initial rough estimate will be provided. Draewil reserves the right to revise estimated Service Fares upon the completion of Service requested.
If the duration of the Service requested is less than 10 minutes, you will be charged a minimum fare charge. Minimum fares are charged depending on the class and model of the vehicle requested from Service Providers:
3.1.2. Parcel delivery
All Services with 15 KM minimum distance for each trip requested through the platform will be subject to a Base Fare charged at the time of pickup. The Base Fare is calculated as follows: price per 15 KM x 100 fils = 1.5 KWD.
Service Fare is calculated at 100 fils per kilometer (KM). Upon address entry for each order, the KMs will be predetermined and calculated. Draewil will use the fastest route options provided by Google Maps.
All parcel delivery trips are restricted to a minimum of 15 KM per trip. If the total KM’s for the trip calculated by Google Maps is less than 15 KM, a Minimum Fare of 1.5 KWD will be charged.
3.1.3. Other Charges
In addition to the Charges specified above, you acknowledge and agree that certain other Charges may be applicable to you, including:
You are responsible for any and all damages to the vehicle resulting from your use of the Service, negligently or purposefully, except for normal and fair “wear and tear.” You will incur the reasonable cost of any repair and cleaning service deemed necessary at Draewil’s discretion. Such charge is non-refundable and will be paid to Draewil, and accordingly, Draewil shall pay the Service Provider on your behalf.
3.2. Cancellations, No-Show and Failure to Pay.
You may choose to cancel Services booked through the Platform prior to vehicle dispatch by the Service Provider or within a grace period of 5 minutes from vehicle dispatch. Service requests cancelled with more than 5-minute notice from vehicle dispatch will incur a penalty fee equivalent to the Base Fare (“Cancellation Fee”). Additionally, Cancellation Fee will apply for pre-booked Services cancelled 30 minutes post receipt of e-mail confirmation.
Users’ failure to meet the Service Provider or any of the Service Provider’s drivers at the pick-up location within 10 minutes of arrival will incur a minimum fare charge depending on the type and class of vehicle requested (“No-show Fee”).
In the event a user fails to successfully pay Draewil all Charges due upon the completion of Services by Service Providers, the user will incur the charges to their Draewil Credit (“Overdue Balance”). Overdue Balance will appear as a negative balance on your Account, you hereby consent and give authorization to Draewil to automatically charge your Draewil Credit for the amount of the Overdue Balance (“Overdue Balance Charge”) to recover all and any outstanding amounts owed to Draewil. Draewil, at its sole discretion, shall complete the Overdue Balance Charge either immediately upon the occurrence of an Overdue Balance on your Draewil Account, or at a subsequent date. You may settle your Overdue Balance on your own accord by topping up your Draewil Credit via debit or credit card. If your Draewil Credit falls below -5 KWD, Draewil will treat it as a negative balance. As a result, Draewil may in its sole discretion choose to suspend your Account for failure to settle any Overdue Balance, or permanently deactivate your Account for poor payment history. Upon completing the Service, Draewil will send you an invoice on behalf of the Service Provider.
3.3. Refund Policy
In the event of a double charge to your Account, or otherwise a faulty charge, or any gross delays or failure to show by Service Provider, you may send a request for refund firstname.lastname@example.org. Draewil will facilitate your request and determine your eligibility for a refund at its sole discretion. With exception to payments made via credit card, all refunds will be topped up to your Draewil Credit. Credit Card payments will be reversed to user's credit card.
These Terms constitute your agreement with Draewil and shall be effective upon registering for an Account, and remain effective in perpetuity until such Account is de-activated, suspended or otherwise non-existent. For each transportation Service requested, passengers will enter into another agreement with their respective Service Provider (Service Provider Terms and Conditions) effective upon requesting the Service through the Platform.
11. Disclaimers; Limitation of Liability; Indemnity
By using the Draewil Platform, you acknowledge and agree that:
You agree to indemnify and hold Draewil and its officers, directors, employees, affiliates and agents harmless from any and all direct or consequential claims, demands, losses, liabilities, and expenses including legal expenses, arising directly or indirectly out of or in connection with your use of the Platform.
11.3. Limitation of Liability.
In no event shall Draewil be liable to you or any third party for consequential, indirect, incidental, special, exemplary, punitive or enhanced damages or losses, including lost profits, arising out of, or related to, or in connection with any breach of these Terms. The foregoing shall remain true regardless of (a) whether such damages were foreseeable, and (b) whether or not Draewil was advised of the possibility of such damages in advance. In all instances, Draewil's sole and maximum aggregate liability for any reason shall be limited to the actual amount paid by you to Draewil.>
(a) To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Platform. Notices shall be effective from time of posting or publishing. It is your responsibility to keep your email address current and up-to-date.
(b) To Us. To give us notice under these Terms, you must contact us by sending an e-mail to email@example.com. We may update our contact details for notices to us from time to time by posting a notice on the Platform.
If any provision of these Terms is invalid, illegal, void or unenforceable, in whole or in part, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Terms.
You may not assign or transfer any of your rights or delegate any of your obligations under these Terms without Draewil's prior written consent. Any purported assignment or delegation in violation of these Terms is null and void. No assignment or delegation relieves you of any of your obligations under these Terms. You agree that Draewil may assign or transfer these Terms -and all rights and obligations therein- in whole or in part to: (i) a subsidiary, affiliate or agent; (ii) an acquirer of Draewil's equity, business or assets; or (iii) a successor by merger.
15. Governing Law and Jurisdiction.
Except as otherwise set forth in these Terms, these Terms shall be exclusively governed by and construed in accordance with the laws of Kuwait. Any dispute, conflict, claim or controversy arising out of or broadly in connection with or relating to the Platfrom or these Terms, including those relating to its validity, its construction or its enforceability shall be finally settled in the courts of Kuwait.
Draewil © 2019 All rights reserved