Terms

Terms of Use Drivers

INTRODUCTION 

• These are the Terms of Use (“Terms”) that govern the access and use, within Paraíba, of the services provided through technological application (“Application”), websites and related content (“Services)”), provided by ACT TECNOLOGIA LTDA. (“ACTDRIVER”),  CNPJ: 51.048.784/0001-69 headquartered at Rua R MARINÔMIO LOPES DE MENDONÇA, S/N, Neighborhood: Ponta de Matos, CEP 58.100-705, City of Cabedelo and State of Paraíba, or any of its affiliates, to the paid transportation driver(s) private individual passenger ("Driver(s)”), who decide to use the ACTDRIVER Services.

PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.

• Acceptance of terms and conditions of use. 

By registering and continuously using the services, the Driver will be declaring to have read, understood and accepted the terms. if, at any time, the driver does not agree with the terms, he must immediately cease using the application and uninstall it from his device.

1. Additional Terms may apply to certain Services, such as conditions for specific categories, vehicles with options, events, regulations, activities, particular promotions or reward actions, and these Additional Terms will be disclosed in relation to the respective Services (“Additional Terms”). The Additional Terms are complementary and considered an integral part of these Terms for the purposes of the respective Services. The Additional Terms will prevail over these Terms in case of conflict only with respect to their specifics.

• Communication with the Driver. 

The Driver authorizes ACTDRIVER to send administrative notifications in the Application (“push”), by email, SMS, in a post on its website or by any other means of communication available (“Media”) with content of an informative and promotional nature related to the Services.

• Change of Terms. 

ACTDRIVER reserves the right to make changes and updates to the Terms, at any time, without the need for prior notice. In the event of changes to the Terms that restrict the rights of Drivers, ACTDRIVER may communicate such change, at its discretion, through the Means of Communication. However, this liberality does not remove the Driver's responsibility to periodically check the Terms. If the Driver does not agree with the changes to the Terms, he must cancel his account, cease any and all use of the Services and uninstall the Application from his device. The fact that the Driver continues to access or use the Services after this posting represents his consent to bind to the Amended Terms.

• Driver Data and Privacy 

• ACTDRIVER has an express policy on privacy, registration information and other information about the driver is subject to the treatment referred to in such privacy policy. the driver understands and agrees that its use and provision of the service involves the collection and use of information and data about the driver (as defined in the applicable privacy policy), including the transfer of this information and data to other territories, for the purposes of storage, processing and use by ACTDRIVER, to be sent to the competent authorities for the purpose of registering drivers, for the purposes of providing the service and others provided for in the privacy policy, please consult the ACTDRIVER privacy policy at the following link: https://ACTDRIVER.org/privacidade ACTDRIVER's privacy policy forms an integral part of the terms.

• REGISTER

• In order to use most of the Services, Driver must register and maintain only one personal Driver account (“Account”). The Driver must have civil capacity, have a National Driver's License ("driver's license”) definitive with permission to carry out a remunerated activity (“EAR”) and must comply with all legal requirements corresponding to the place of operation for the exercise of the individual remunerated passenger transport activity, for Drivers. The Driver who wishes to use the Service must obligatorily fill in the required registration fields, including those related to the data necessary to receive amounts due to his passenger transport activity, intermediated by ACTDRIVER, and will be responsible for the veracity of the declared information, being obliged to to maintain valid, current and correct information. In case of non-confirmation of your data, the Driver's access to the Service may be blocked, at ACTDRIVER's sole discretion.

• After receiving the registration documentation, ACTDRIVER will carry out an analysis and may accept or reject the Driver's registration request. ACTDRIVER may also carry out criminal background checks and any other checks it deems appropriate or as required by applicable law.

• The Driver's profile is exclusive and non-transferable. The Driver undertakes, upon acceptance of the Terms, not to share his Account with third parties, the transfer of his Account being prohibited, under penalty of immediate cancellation of the Driver's Account, in addition to forwarding the case to the public authorities for analysis of any penalties applicable criminal and civil penalties.

1. 1. 1. ACTDRIVER reserves the right to request additional documents to confirm registrations, as well as other methods of identification and authentication of the Driver (such as, for example, facial recognition), at the time of registration and while the Driver uses the Services at any time. Even after confirmation of registration, it is possible to cancel the account if inconsistencies are found in the verification process, at the sole discretion of ACTDRIVER.
      2. Account information is the sole responsibility of the person entering it. In the event that they cause damages or losses of any kind, the appropriate measures can be taken by ACTDRIVER in order to safeguard its interests and the integrity of Passengers, other Drivers of the Application and ACTDRIVER itself.

• The Driver undertakes, under the penalties of the law, to use his Application Account only in a manner and for purposes that are strictly legal, legitimate and permitted by these Terms of Use.

• SERVICES

• Services provided by ACTDRIVER

The Services consist of the intermediation of rides and payment facilitation (“Intermediation”), through licensing and use of software, in which ACTDRIVER is the licensor of the Application, on a non-exclusive basis (“Licensing”) that allows the registered Driver to locate and contact passengers interested in contracting individual paid private passenger transport services or individual public utility passenger transport (“Passenger(s))"It is "Transport service”, respectively).

1. The Driver grants ACTDRIVER the necessary authorizations for the correct execution of the service, appointing it as its representative so that, on its behalf, it can carry out the collection of credits, arrange the payment, compensation and recognition of debts, give and demand discharge, promote the liquidation of assets and, in any case, act in the best interest of the principal.

• ACTDRIVER grants Driver a limited, personal, non-exclusive, non-transferable, non-commercial and fully revocable license to use the Application in its smartphone, tablet or computer in accordance with the conditions set forth in these Terms of Use.

• ACTDRIVER is not responsible for any damages suffered by the Driver as a result of copying, transferring, distributing or any other way of using protected content made available on the Application.

• ACTDRIVER reserves all rights to the Application not expressly granted herein.

1. 1. 1. Through the Application, the Driver will receive calls from Passengers, according to the category selected by the Passenger, location and destination, options and other present or future criteria that may be determined by ACTDRIVER.

• ACTDRIVER may provide other services or offer products linked or not to the Service, free or paid, at its discretion. Unless otherwise defined in Additional Terms, such products, services and deliveries are subject to these Terms and defined as a Service for all legal purposes of these Terms.

• The Service must not be used for any purpose other than those expressly authorized by these Terms.

• Payment for Services

1. 1. ACTDRIVER may charge for all or part of the Service, at its discretion. Currently, Licensing and Intermediation is carried out free of charge exclusively for all Associate members.

• Lack of Employment Relationship, Employment Relationship and Others 

No corporate, employment and/or economic relationship is established between the driver and ACTDRIVER, given that the driver is free to accept or refuse rides from the application, as well as to cease using it at any time, at any time. its free and exclusive discretion. ACTDRIVER does not have a fleet of vehicles, providing exclusively licensing and intermediation services aimed at facilitating the hiring of a transport service with a driver registered in the application.

• Responsibilities for the Services

ACTDRIVER assumes responsibility for all problems that it causes unjustified. ACTDRIVER shall also maintain the proper functioning of the Application to the greatest extent possible and provide service channels to help solve questions and problems of Application users.

• Responsibility for Transport Services

The hiring of transport services is done directly between passengers and drivers. ACTDRIVER is not responsible for any losses, damages or damages of any nature arising from the relationship between passenger and driver. the driver understands and agrees that ACTDRIVER will not be responsible for any damages or losses that may be caused by a passenger to the respective driver.

• Damages and losses caused by Drivers

The Driver will be responsible for any damages or losses caused to the Passenger(s) and agrees to indemnify and hold ACTDRIVER harmless in relation to any claims, losses, losses or damages directly or indirectly related to acts or facts caused by the Driver . The Driver is solely and exclusively responsible for any and all problems relating to the Transport Service, as well as for any improper or illegal conduct that he practices.

• Safe

Although ACTDRIVER is not responsible for the Transport Service or for any traffic accident, Drivers are beneficiaries of the Passenger Personal Accident Insurance (“APP Insurance”) contracted by ACTDRIVER, whose coverage is exclusive for incidents occurring in intermediated races by ACTDRIVER. The policy's coverage encompasses events of death, disability and hospital medical expenses, within the limits set forth in the specific policy.

• Access to the Network and Equipment

The Driver understands and agrees that the use of the Service requires the acquisition of mobile devices and the contracting of telecommunication services compatible with the use of the Application, and that the use of the Service may generate charges by such telecommunication service providers for Internet connection, for example. The Driver is solely responsible for contracting and paying any and all costs and charges related to the acquisition of his mobile phone device and the contracting of his telecommunication service.

• ACTDRIVER is not responsible for the availability, quality and maintenance of such telecommunication services and the User understands that the conditions of the telecommunication service may affect the experience of the Service. ACTDRIVER will not be held liable for any problem related to the Service arising directly or indirectly from inconsistencies or failures in mobile telephony devices and/or telecommunication services. In addition, ACTDRIVER will not be held liable for any errors and inconsistencies in information from third parties relating to geopositioning via the GPS system and the maps integrated into the Application.

• Service Modification or Termination

ACTDRIVER reserves the right at any time to modify or discontinue, temporarily or permanently, the Service or part thereof, with or without notice. The Driver agrees that ACTDRIVER will not be liable, nor will it have any additional obligation, implicit or explicit, to the Driver or any third party due to any modification, suspension or deactivation of the Service.

• Transport Services

• Driver's Obligation

The Driver must respect all the rules of these Terms of Use and all applicable legislation. Failure to comply with the Terms of Use or applicable legislation by the Driver may result, at ACTDRIVER's free and exclusive discretion, preventing access to the Application. Upon acceptance of the Terms of Use, the Driver undertakes to:

1. Pay monthly your obligations as an ACTDRIVER Member;
2. Act before ACTDRIVER and Passengers with good faith, diligence, professionalism and respect;
3. Comply with all legal and regulatory requirements relating to individual private paid passenger transport services or public utility passenger transport, including laws, regulations and other traffic rules applicable at the federal, state and municipal levels, as well as to the Driver as in relation to the vehicle used for the Transport Service;
4. Not to discriminate against or select Passengers for any reason;
5. Be fully responsible for providing the service of transporting people; It is
6. Be responsible for the use of your own credit and/or debit card machine and for your respective receipts.

• Payment for the Provision of the Transport Service

The payment for the ride is made directly by the Passenger(s) to the Driver, using one of the payment methods chosen by the Driver, with no charge being made by the Driver for Intermediation, as provided for in Clause 4.5., above. The Driver can choose to receive payments in one or more of the following ways: 

1. money; 
2. in your own debit or credit card machine;
3. in your Personal Account;
4. other payment methods available on the Application. Payment through the Application itself is the only payment that the Driver is required to accept under the Terms of Use.

• ACTDRIVER may make available to the Passenger, through the Application, a variable discount on the value of the rides. The Driver may or may not accept the rides offered to him.

• Calculation of the Price of the Transport Service provided by the Driver

When the Passenger has entered the destination and requested the Transport Service through the Application, he will receive the price for the corresponding route (“Price”). 

The Price will consist of: 

1. base/minimum value; plus
2. Variable portion based on distance and estimated amount of time for travel. 

• Price Variation after acceptance of the race

The Price may increase if the Passenger changes his destination during the trip, if he makes extra stops along the way or if the trip takes much longer than expected, due to the Passenger's acts, and any events that are not under the control of the Driver and/or ACTDRIVER, including acts of God and force majeure (eg events in the city that alter traffic, occurrence of rain and natural accidents, etc.). In Hypotheses of Price Variation, at the end of the race, an additional price will be charged.

• ACTDRIVER reserves the right to establish, remove and/or revise the Price Calculation form for the Transport Service provided by the Driver through the use of the Services at any time, at ACTDRIVER's sole discretion. 

• Promotional Codes and Reward Actions

ACTDRIVER may, at its sole discretion, create Promotional Codes that may be redeemed for Passenger Account credit or Driver Rewards Shares.

• Drivers are prohibited from using Promotional Codes or Reward Actions in collusion with any Passenger or third parties to obtain undue advantages or defraud the Service.

• Cancellation Fee

The Passenger may choose to cancel his request for the Transport Services provided by the Driver at any time before the start of the ride, in which case a cancellation fee may or may not apply. The Cancellation Fee will be allocated to the Driver as a form of reimbursement for his displacement and waiting time.

• ACTDRIVER Quality Standard

• The Driver accepts that he will be evaluated by the Passengers and by ACTDRIVER based on criteria such as the quality of the service, the cleanliness of the vehicle and the acceptance and cancellation fees for rides. The Driver who is repeatedly poorly evaluated may have his license to use the Application canceled. Without prejudice to other provisions contained in this instrument, the Driver may also have his Account canceled (resulting in impediment to access to the Application) in cases such as pending registration, reports of inappropriate conduct, at the sole discretion of ACTDRIVER.

• The Driver acknowledges and accepts that ACTDRIVER is not obliged to filter, censor or control, nor is it responsible for the evaluations made by Passengers, who are solely and exclusively responsible for their content. Such ratings do not express ACTDRIVER's opinion or judgment of Drivers.

• The Driver accepts that ACTDRIVER will keep internal records regarding the provision of Transportation Services, such as the rate of acceptance and cancellation of rides, and may use this data to carry out its own assessment of the Driver.

• Periodically, the Driver will be informed about changes in his evaluation, which will consist of a grade from 1 (one) to 5 (five), which takes into account the evaluation and comments of Passengers and ACTDRIVER, according to the criteria established in Clause 6.1, as well as other relevant criteria.

• The Driver acknowledges and accepts that ACTDRIVER may: 

1. suspend the Licensing (and, consequently, the Driver's Account) for an indefinite period, among other reasons listed in Clause 8 below; or 
2. require the completion of a refresher course, if the Driver presents repeatedly bad weekly evaluations, at the sole discretion of ACTDRIVER; It is 
3. impose a fine, as provided for in Clauses 7.3. and 7.4. Next.

• On suspicion of fraud

• ACTDRIVER is not responsible for any fraudulent conduct on the part of the Driver, and may even prevent, due to them, their access to the Application, as well as take judicial or extrajudicial action against the person involved.

• ACTDRIVER analyzes suspected fraud on a case-by-case basis and may withhold payment of amounts to the Driver due to supposedly fraudulent rides, in order to avoid the risk of damage to ACTDRIVER.

• ACTDRIVER reserves the right to apply fines to the Driver in cases where fraudulent activities are found.

• If the Driver engages in fraudulent activity, such as carrying out the ride requested by the Passenger without using the platform, ACTDRIVER reserves the right to impose a monetary fine on the Driver, considering the fraudulent activity carried out

• Application of Fine, Suspension and Cancellation of your access to the application

• The Driver agrees that ACTDRIVER, at its sole discretion, may impose a fine, suspend or cancel its use of the Service, including, but not limited to: 

1. for noncompliance and/or violation of these Terms; 
2. for the result of your assessment by Passengers and for the analysis of your cancellation rate and other criteria, pursuant to Clause 6 above; 
3. pursuant to a court order or legal request from a competent public authority; 
4. by request of the Driver himself; 
5. by disabling or modifying the Service (or any part thereof); 
6. for acts of God, force majeure and/or security issues; 
7. account inactivity for a long period of time; 
8. for the alleged practice of any traffic violation, fraudulent or illegal activity by the Driver, at the discretion of ACTDRIVER;
9. for improper or abusive use of the Application, including the use by third parties or transfer of your Account, racing with a vehicle other than that registered in the Application, use of any applications or programs that aim to change the Driver's geographic location information to manipulate the Application, and other hypotheses of misuse or abuse of the Application, at the discretion of ACTDRIVER; and/or
10. for default by the Driver of any obligations, amounts, payments due due to the Service, when applicable.

• The Driver agrees that the termination of his access to the service, for any reason contained in these terms, may occur without prior notice and all information and data contained therein may be permanently erased.

• ACTDRIVER reserves the right to act judicially and extrajudicially in cases of damage suffered by ACTDRIVER or by third parties, including being able to contact the authorities and initiate the instruction of criminal, civil and administrative proceedings in cases provided for by law, when it deems necessary.

• The suspension or termination of these Terms of Use by ACTDRIVER does not exempt the Driver from paying any amounts eventually due to ACTDRIVER, which will continue to be subject to collection and compensation.

• The Driver will not be entitled to any indemnity or compensation, either for the suspension or termination of these Terms of Use by ACTDRIVER.

• Intellectual property

• The brands, names, logos, domain names and other distinctive signs, as well as any and all content, design, art or layout published on the Application and the Service itself, are the exclusive property of ACTDRIVER.

• Any acts or contributions tending to decompilation, reverse engineering, modification of characteristics, expansion, alteration, merge or incorporation into any other programs or systems of the Application or Service are prohibited. Finally, any and all forms of reproduction of the Application or Service, in whole or in part, permanent, temporary or provisional, free of charge or onerous, under any modalities, forms or titles, is expressly prohibited.

• Final dispositions

• These Terms constitute the entire agreement between Driver and ACTDRIVER and will govern Driver's use of the Service, superseding any prior agreements.

• Applicable Law

These Terms and the relationship between the Driver and ACTDRIVER will be governed by the laws of the Federative Republic of Brazil. The jurisdiction of the Judicial District of the City of Cabedelo in the State of Paraíba is elected as being the only competent one to resolve any disputes and/or demands that may involve the parties in relation to the use and access of its website and Application. The Driver and ACTDRIVER agree to submit to the sole and exclusive jurisdiction of the courts located in Brazil.

• Notifications

All notifications, subpoenas, letters or any other official form of acknowledgment by ACTDRIVER must occur at its head office address, described in the preamble of the Terms.

• Waiver of Rights

If ACTDRIVER fails to exercise or enforce any right or provision of these Terms, this will not be characterized as a waiver of such right or provision nor will it constitute novation. If any provision of the Terms is found to be invalid by a court of competent jurisdiction, the parties nevertheless agree that the remainder of the Terms shall be interpreted in such a way as to reflect the original intent, and the other provisions of the Terms will remain in full force and effect.

• Assignment of rights. 

The Driver may not assign or transfer these Terms, in whole or in part, without the prior written approval of ACTDRIVER. Driver has given his approval for ACTDRIVER to assign or transfer these terms in whole or in part. Does not exist joint venture, partnership, employment or agency relationship between the Passenger, ACTDRIVER or any Drivers as a result of the contract between you and ACTDRIVER or the use of the Services.

• Indivisibility.

If any provision of these Terms is held to be illegal, invalid or unenforceable in whole or in part, by any legislation, that provision or part thereof will, to that extent, be deemed non-existent for the purposes of these Terms, but the legality, validity and enforceability of the remaining provisions contained in these Terms will not be affected. In such case, the parties will replace the illegal, invalid or unenforceable provision, or part thereof, with another that is legal, valid and enforceable and that, to the maximum extent possible, has similar effect to the provision held to be illegal, invalid or unenforceable for purposes of content and purpose of these Terms. These Terms constitute the entire agreement and understanding of the parties in this matter and supersede and supersede all prior understandings and commitments in this matter. In these Terms, the words “inclusive” and “includes” mean “including without limitation”.