Terms and conditions for the use of DriveSmart

These General Terms and Conditions govern access to, navigation in and use of the mobile application :DriveSmart and the Website http://drive-smart.com/ (hereinafter jointly referred to as the “Platform”).

These General Terms and Conditions are addressed exclusively to users registering on the Platform with the purpose of becoming good drivers.

1. Information and access

In compliance with article 10 of Act 34/2002, on Information Society Services and Electronic Commerce (Ley 34/2002 de Servicios de la Sociedad de la Información y del Comercio Electrónico), find below the data of the Platform holder:

– Holder: DRIVESMART TECHNOLOGIES, S.L. (hereinafter, “:DriveSmart”)
– Spanish Tax I.D.: B-84755743.
– Corporate Address: Calle del Príncipe de Vergara, 57, 28006 Madrid
– Registry Information: Registered in the Companies Register of Madrid, in volume 22952, folio 100 Section 8, Sheet M 411087, Inscription 1st.
Registration in the Platform is free of charge. By registering in the Platform, you become a user. However, :DriveSmart may offer some of the services and/or contents subject to prior contracting thereof and upon payment of a fee which will be specified in the terms of engagement of said services and/or contents.

2. Acceptance of these Terms and Conditions

By accepting these Terms and Conditions, the user undertakes to act at all times in accordance with the provisions set forth herein. If the user does not agree in full or in part with these General Terms and Conditions, he/she must refrain from installing and using the Platform.

The service provided by this Platform is governed by (i) these General Terms and Conditions; (ii) the Specific Terms and Conditions with may be published on the Platform (such as the Terms and Conditions applicable to the Reputation Program); (iii) the General Terms and Conditions of the Promotions which may be carried out through the Platform.

By accepting the present General Terms and Conditions, the user manifests that he/she is over 18 years of age and has full capacity to understand and accept the content hereof.

:DriveSmart reserves the right to amend the presentation, configuration and/or content of the Platform, as well as any conditions required for access thereto and/or use thereof. Access to and use of the content and/or services after the entry into force of amendments or changes in these General Terms and Conditions will be deemed to be an acceptance thereof.

3. Acceptance of Specific Terms and Conditions

The access to certain content and the use of certain services may be subject to specific terms and conditions which may replace, complete and/or amend these General Terms and Conditions. In the event of contradiction, specific terms and conditions will prevail.

Before using, reserving and/or requesting said specific products or services offered by :DriveSmart, the user shall read carefully the specific terms and conditions drafted by :DriveSmart for such purpose. The use, booking and/or request of said specific services entails the acceptance of the specific terms and conditions governing the version published by :DriveSmart at the time of such use, booking and/or engagement.

4. Services

This Platform has been developed by :DriveSmart with the purpose and analyzing and improvement the driving behavior of its users. The analysis and evaluation of said behavior performed by :DriveSmart aims to help Platform users to become good drivers.

In order to use the Application it is necessary to have a mobile device in order to download it and use the functionalities it offers.

The Application may be downloaded from App Store (Apple users) and Google Play (Android users). Please consider that in order to use said Application you need a compatible device and Internet access; and you may also need to update the Application periodically.

The Platform will incentivize users by means of free games, challenges and promotions. By using the Platform, users will be able to collect points (hereinafter, “Smartcoins”) which will serve to obtain discounts and advantages for good drivers. The Smartcoins will enable the drivers to gain access to any promotions organized, exchange them and obtain discounts on various products. That is, Smartcoins allow the users to be rewarded for good driving.

Navigation through the Platform will be free of charge for all users, but they will need to register and open an account.

5. Need to Register

Use of the services provided by the Platform requires the prior acceptance of the present General Terms and Conditions.

The user may benefit from the services provided by the Platform (i) without prior registration, (ii) by means of a public profile, or (iii) as a member of the Reputation Program :DriveSmart SmartMiles. Any users registering as members of the Reputation Program :DriveSmart SmartMiles must accept the Terms and Conditions of said program.

In order to register, users must create a user account by providing their email address and choosing a password to enter the account created and accept :DriveSmart’s Privacy Policy.

The user guarantees that his/her data will be accurate, truthful and up-to-date.

5.1. Registration through Facebook

The user may register through his/her Facebook profile by entering his/her Facebook user name and password and opening an account on the Platform.

By registering through Facebook, the user authorizes :DriveSmart to know his/her public profile and email address.

5.2. Registration through Google

The may register through his/her Google profile. By registering through Google, the user authorizes :DriveSmart to gain access to his/her public profile and email address.

5.3. Custody of account access password or code

Registered users will be responsible at all times for the custody of their access password and will therefore assume any damages which may result from any undue use or from the assignment, disclosure or loss thereof. Users shall inform :DriveSmart immediately if they have any reason to believe that their access code or password has been or may be used in a non-authorized way. In any event, any access to and/or use of the Platform made under a registered user’s access code or password will be deemed to have been made by said user, who will be liable for any such access or use.

5.4. User profile

After opening an account, users will have access to their profile, where they may fill in their personal data:

Furthermore, users may indicate whether they wish to receive a monthly report of their driving and :DriveSmart’s newsletter.

The user guarantees that his/her data are accurate, truthful and up-to-date. The user may cancel his/her account on the Platform at any time following the instructions therein.

6. Geolocation

The Platform has a geolocation service whose main purpose is to verify the location of the users and analyze, oversee, raise awareness and improve their driving ability, so that they may benefit from the advantages of being good drivers. Therefore, it is indispensable to activate the geolocation function of the mobile device in order to benefit from all the functionalities of the Platform.

If the user has not activated said geolocation functionality, he/she will receive a notice requesting that he/she do so.

By accepting the present Terms and Conditions, the user accepts and consents expressly to the processing of his/her data for the purposes indicated above.

In any event, the user may choose to activate or deactivate the geolocation service of his/her mobile device or of the Platform functionality. However, he/she will need to activate this function again to enjoy the services of the Platform.

For more information about how geolocation can affect you, please consult our Privacy Policy.

7. Use of the Platform

The user undertakes to use the Platform in accordance with the Law and these Terms and Conditions, and to refrain from using the Platform for unlawful purposes or purposes which are contrary to these Terms and Conditions. By entering and using the Platform, the user manifests his/her acceptance of these Terms and Conditions.

Should the user gain knowledge of the existence of any unlawful or illegal content which may involve an infringement of intellectual and/or industrial property rights, he/she shall notify :DriveSmart immediately so that :DriveSmart may take any measures it may deem necessary.

The use of the Platform for purposes other than as provided in these Terms and Conditions is expressly forbidden. In particular, it is prohibited to manipulate the application while the user is driving, all in accordance with the driving regulations applicable in the state where the Platform is used. :DriveSmart may not be held responsible for any such inappropriate use or manipulation of the Platform.

The Platform may provide access to a wealth of texts, tables, drawings, designs, codes, software, photographs, images, expressions and information held by :DriveSmart or third parties.

The user shall be liable for the use of the Platform and undertakes to make a lawful, diligent, honest and correct use of any information and/or content it may have access to through the Platform, all in accordance with the principles of good faith and with full respect at all times for applicable law and the present Terms and Conditions.

Without limitation, users shall refrain from:

i. Registering or providing data which are not truthful, accurate, complete and/or up-to-date, entering the Platform using a name or identification details of another user or taking the place of any other person or identity. Furthermore, the user will be responsible for communicating to :DriveSmart any amendments and/or variations in any of the data provided to :DriveSmart.

ii. Causing maliciously or deliberately any damages which may harm or alter the Platform, or entering or spreading computer viruses which may produce non-authorized alterations in the contents or systems of the Platform. The user may not scan or test the vulnerabilities of any of :DriveSmart’s systems or networks nor infringe any security and/or authentication measures. Neither will he/she try to decipher or disassemble the software used by :DriveSmart to offer the services through the Platform.

iii. Using the Platform for fraudulent purposes o for purposes related to criminal offenses or unlawful activities of any description.

iv. Using the Platform to locate other users for any purposes other than as stated in these Terms and Conditions.

v. Reproducing, copying, transforming or modifying the information and the content hosted in the Platform without the authorization of the holder of the relevant rights.

vi. Using the Platform to send, use or reuse unlawful, offensive, pornographic, abusive, indecent, slanderous, obscene or threatening materials of any description or materials which may entail an infringement of intellectual property rights, registered trademarks, confidentiality rights or any other rights, which may be offensive or reprehensible for third parties, which may contain computer viruses, political propaganda, advertising content, or which may cause unnecessary inconvenience.

vii. Downloading, sending or distributing by any means content or applications which may infringe any current law and/or any third-party rights.

viii. Promoting or encouraging third parties to carry out or contribute to any of the above-mentioned practices.

:DriveSmart shall be entitled to investigate and report any of the above-mentioned practices as provided for by Law, and to cooperate with the authorities in the investigation of said practices.

7.1. Spam Policy

In our ongoing commitment to providing superior service for our customers, :DriveSmart has introduced a new, more vigilant anti-spam policy. We have implemented the following policy as a part of our commitment to reducing spam related activity.

With the exception that in some cases may apply, an individual can only have one valid :DriveSmart account. When determined by :DriveSmart that a given individual has more than one subscribers account as herein prohibited, :DriveSmart will proceed to the immediate termination of all duplicate accounts without notice and without any refund.

7.2. Breach of Terms and Account Termination

The uses of :DriveSmart Services in a way of form different than set forth in these Terms and Conditions is prohibited. The engagin in any prohibited use as set forth herein by a subscriber constitutes a material breach of these Terms and will subject Subscriber’s account to immediate termination without notice and without any refund.

8. Responsibility and Guarantees

:DriveSmart will not be liable for any information, files or any other content published by the users and does not validate the content which the users may send. Therefore, :DriveSmart may not be held directly, indirectly or jointly-and-severally liable for any damages resulting from the communications made or content included in the Platform.

:DriveSmart will not be liable for any of the following, without limitation:

i. Failures or incidents caused by lack of diligence on the part of the Users or by the wrongful use of the Platform.

ii. Direct or indirect and/or intangible damages, including personal injuries or death, resulting from the wrongful use of the Platform (inter alia, the use of the Platform while driving).

iii. Any loss of reputation, goodwill or data which may occur while using the Platform.

iv. The unavailability, ineffective operation or lack of maintenance of the Platform, including, to the maximum extent permitted by applicable law, liabilities for damages of any nature which may result from the unavailability or non-operation of the Platform.

Consequently, :DriveSmart does not guarantee that the use given by users to the content and/or services included on the Platform will abide by these Terms and Conditions, nor that they will use said content and/or services diligently. :DriveSmart cannot guarantee the identity of any other users of the Platform.

:DriveSmart reserves the right to admit and reject Platform users at its discretion. In particular, any user who does not comply with the provisions herein or makes an inappropriate use of the Platform may be excluded from same. In this regard, :DriveSmart reserves the right to suspend temporarily or expel definitely any user of the Platform if it gain knowledge of the existence of well-founded claims or complaints made by any another user against said user.

:DriveSmart reserves the right to (i) eliminate, suspend, edit or amend at its own discretion the content of the Platform, including, inter alia, posts made by the user, at any time, without prior warning and on whatever grounds; and (ii) eliminate, suspend or block any use of the Platform by the user.

:DriveSmart also reserves the right to read, preserve, disclose and access any information if it considers it reasonably necessary to (i) comply with applicable law or with any judicial or governmental requirement or request; (ii) enforce the present Terms and Conditions, including facing potential infringements hereof; (iii) detect, prevent or deal with fraud or with security or technical problems; (iv) respond to assistance requests by the user; or (v) protect the rights, property and security of :DriveSmart and its users.

However, :DriveSmart hereby declares that it has adopted all measures necessary, within its possibilities and considering the state of technology, to guarantee the operation of the Platform and prevent the existence and transfer of viruses and/or other harmful components to the users.

8.1. Suspension and cancellation of the services

:DriveSmart may suspend access to the Platform temporarily and without prior warning in order to perform maintenance, repair, updating or improvement operations.

In particular, :DriveSmart reserves the right to eliminate, limit or prevent access to its Platform in the event of technical difficulties caused by facts or circumstances beyond :DriveSmart’s control which, at its discretion, may reduce or annul standard security levels adopted for the proper operation of the Platform.

:DriveSmart will not be liable for the unavailability, ineffective operation or lack of maintenance of the Platform, including, to the maximum extent permitted by applicable law, any liability for damages of any nature which may result from the unavailability or non-operation of the Platform

:DriveSmart may not be held responsible for the cancellation or suspension of the services of the Platform for causes which are not imputable to :DriveSmart. In any event, :DriveSmart undertakes to solve any problems which may arise and offer the user all the support necessary to reach a fast and satisfactory solution to the problem.

8.2. Force majeure

:DriveSmart will not be liable for instances of force majeure, this term being understood as the failure, suspension or interruption of the services or the use of the Platform as a consequence of the failure of the Internet network, third-party actions or omissions or any other causes or circumstances beyond the control of :DriveSmart which may prevent a normal use of the Platform.

8.3. Hyperlinks

The Application may contain hyperlinks enabling the user to enter third-party platforms or websites. :DriveSmart may not be held responsible for the content, information or services which may appear in said platforms. Said links shall be deemed to have been offered by :DriveSmart for mere information purposes and in no event entail the acceptance or support of the content of the relevant platforms by :DriveSmart or the existence of an agreement between PPI WORLDWIDE and the individuals or entities holding said websites.

In such cases, :DriveSmart will not be responsible for establishing the General and specific Terms and Conditions of use, provision and/or contracting of said services by third parties and, therefore, will not be liable for said services.

:DriveSmart lacks the power or the human and/or technical means to supervise, control and approve all the information, content, products and/or services provided by other web pages linked from the Platform. Consequently, :DriveSmart will not be liable for any elements of the web pages to which the Platform has a link, particularly, but not limited to, in connection with the operation, access to, data, information, files, quality and/or reliability of the products and/or services offered on said web pages, and with the links and/or any of the content therein.

However, in the event that :DriveSmart becomes aware that the activities and/or information provided through said links is unlawful, offensive and/or liable to harm third-party goods and/or rights, :DriveSmart will act with the diligence necessary to eliminate and/or render the relevant links useless as soon as possible.

Furthermore, should the users become aware of the unlawfulness of activities carried out through said third-party web pages, they shall notify :DriveSmart immediately so that :DriveSmart may disable access to said pages.

9. Intellectual and Industrial Property Rights

All and any rights in the content, design and source code of the Platform and, in particular, but not limited to, the photographs, images, texts, logos, designs, trademarks, brand names, data included in the Platform and any other intellectual and industrial property rights are held by :DriveSmart or by third parties which have been expressly authorized by :DriveSmart to use same on its Platform.

Therefore, under the provisions of Royal Legislative Decree 1/1996, of 12 April, which approves the consolidated text of the Intellectual Property Act, regularizing, clarifying and harmonizing legal provisions applicable to the matter, and Act 17/2001, of 7 December, on trademarks and complementary legislation applicable to intellectual and industrial property, the reproduction, transmission, adaptation, translation, distribution and public communication (including the simple act of making available) of all or part of the elements of this Platform, in any medium and by using any technical means, is forbidden without the prior express written authorization of :DriveSmart.

:DriveSmart does not hereby grant any license or authorization to use any of its intellectual and industrial property rights or any other properties or rights related to the Platform, and access to and navigation in the Platform by the user shall in no case be understood to entail a total or partial waiver, transfer, license or assignment of said rights by :DriveSmart.

Any use of the said content not previously authorized by :DriveSmartt will be considered a serious infringement of its intellectual or industrial property rights and will be prosecuted under the law.

10. Terms and amendment

Any terms and conditions published at the time when the user enters :DriveSmart’s Plataform shall be understood to be in force.

Should any provision herein be declared inapplicable or invalid, said provision will be eliminated or limited only to the extent necessary to enable the rest of the terms and obligations to remain fully effective and binding.

:DriveSmart may eliminate, amend or replace the content herein at any time by publishing or sending a notice through the Platform or by email. In such case, the user will not be entitled to any compensation whatsoever.

11. Data protection

:DriveSmart respects the privacy of its users and shall ensure that their personal data are processed as provided for by applicable law.

For more information about :DriveSmart’s privacy policy, please click here: http://drive-smart.com/privacy-policy/

12. Language

:DriveSmart may translate these Terms and Conditions or any other policies which may be published on the Platform. In the event of conflict with any translations, the version in English shall prevail.

13. Out-of-Court Resolution of Disputes

The parties expressly waive any other jurisdiction which may correspond to them and agree to submit any discrepancies, questions or complaints which may arise directly or indirectly in connection with the interpretation or performance of these Terms and Conditions to the Courts and Tribunals of the city of residence of the user.

Under the provisions of Regulation (EU) no. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes, :DriveSmart hereby informs you that, in the event of controversy in connection with the provision of services by :DriveSmart , users residing in the European Union may resort to the “Online Dispute Resolution Platform” developed by the European Commission, in order to attempt and out-of-court solution.

Users may enter the “Online Dispute Resolution Platform” here: http://ec.europa.eu/consumers/odr/