Definitions

In these Terms, unless a contrary intention appears, the following terms shall have the meanings set forth below:

1. "Ndrivers", "we", "us" or "our" means Ndrivers, Inc., its parents, subsidiaries and affiliated entities.
2. "User" means any natural person, firm, partnership, corporation or other entity who accesses or uses the Site or the Services.
3. "Services" means the website located at ndrivers.com, mobile applications, and any related features, content, tools, APIs, software, and services offered by Ndrivers for requesting, arranging or facilitating transportation.
4. "Driver" means any third party individual who provides transportation services independently of Ndrivers and who is matched to a User through the Services.
5. "Booking" means a request by a User for transportation through the Services, together with any associated confirmation.
6. "Content" means all text, graphics, logos, images, audio, video, and data made available on or through the Services.

Acceptance of Terms

By accessing, browsing, registering with or using the Services in any manner you agree to be bound by these Terms and all terms incorporated herein by reference. If you do not agree to these Terms, you must immediately cease all use of the Services. Use of the Services after any modification of these Terms will constitute acceptance of the modified Terms.

Services; Drivers are Independent

Subject to these Terms, Ndrivers provides a technology platform that enables the booking of transportation services. Ndrivers does not itself provide transportation beyond the provision of the platform and does not act as an employer of any Driver. Drivers are independent contractors or independent entities and are solely responsible for their own vehicles, equipment, operations, maintenance, insurance and compliance with applicable law.

Availability of Services is subject to change and may be affected by third-party events, weather, traffic, governmental orders, and other conditions beyond Ndrivers' control.

Accounts, Eligibility & User Obligations

1. Eligibility. Users must be at least eighteen (18) years of age or the age of majority in their jurisdiction to form a binding contract. By using the Services you represent and warrant that you satisfy the eligibility requirements and that all registration data you submit is true and accurate.
2. Account Security. You are responsible for safeguarding credentials associated with your account. You shall notify Ndrivers immediately of any unauthorized use of your account or any other breach of security.
3. Accuracy of Information. You shall keep all account information current and accurate. Failure to do so may result in suspension or termination.
4. Authorized Use. You shall use the Services only for lawful purposes and in accordance with these Terms.

Fees; Payments; Taxes

All fees, fares and charges payable by Users for Bookings are specified at the point of sale. Ndrivers may add service charges, convenience fees, surcharges, dynamic pricing, or surge multipliers in its discretion. Payment may be processed through third-party payment processors; you agree to the terms of such processors where applicable.

Users are responsible for all taxes, duties or governmental charges associated with use of the Services, other than taxes based on Ndrivers' net income. If Ndrivers has a legal obligation to collect or pay taxes on your behalf, the appropriate amount may be charged to you.

Cancellations; Refunds

Cancellations shall be governed by the cancellation policy disclosed at the time of booking. Refunds, if any, will be issued in accordance with the applicable refund policy and may be subject to verification and administrative review. Ndrivers reserves the right to decline refunds where fraud, abuse, or violation of these Terms is suspected.

Prohibited Conduct

Users shall not, directly or indirectly, and shall not assist or permit any third party to:

1. Use the Services in violation of any law, regulation or third-party right;
2. Interfere with, circumvent, damage or disrupt the Services, any network, or systems connected to the Services;
3. Attempt to obtain unauthorized access to the Services, other accounts, or computer systems or networks connected to the Services;
4. Impersonate any person or entity, or falsely state or otherwise misrepresent affiliation with a person or entity;
5. Upload, transmit or distribute material that is defamatory, obscene, abusive, or that would civilly or criminally subject Ndrivers to liability.

Intellectual Property

All Content presented on the Services (excluding User Content) is the property of Ndrivers or its licensors and is protected by copyright, trademark, and other intellectual property laws. Nothing in these Terms grants you any right to use the Ndrivers name, logos, or other brand elements except as permitted in writing by Ndrivers.

Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, OR THAT THE SERVICES WILL BE UNINTERRUPTED, ACCURATE, COMPLETE, SECURE OR ERROR-FREE.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER NDRIVERS NOR ITS AFFILIATES, OFFICERS, DIRECTORS OR EMPLOYEES SHALL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NDRIVERS' AGGREGATE LIABILITY ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICES SHALL IN NO EVENT EXCEED THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS (US$100) OR (B) THE AMOUNTS PAID BY YOU TO NDRIVERS IN THE SIX (6) MONTHS PRECEDING THE ACT GIVING RISE TO LIABILITY.

Indemnification

You shall defend, indemnify and hold harmless Ndrivers and its officers, directors, employees and agents from and against any and all claims, liabilities, damages, losses, costs and expenses (including reasonable attorneys’ fees) arising out of or in any way connected with (a) your use of the Services; (b) your violation of these Terms; or (c) your violation of any rights of a third party.

Third-Party Services

The Services may contain links to third-party websites, services and resources. Ndrivers makes no representations or warranties regarding such third-party content and is not responsible for the content, accuracy, policies, or practices of such third parties. Use of third-party sites is at your own risk.

Where the Services incorporate third-party services (including payment processors), your access and use of such third-party services may be subject to additional terms and privacy practices.

Governing Law; Arbitration; Waiver of Jury Trial

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to conflict of law principles. Except as otherwise provided below, any dispute, claim or controversy arising out of or relating to these Terms or the Services shall be resolved by final and binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The arbitration will take place in Orange County, California, unless the parties agree otherwise.

YOU AND NDRIVERS EACH WAIVE THE RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS, COLLECTIVE OR REPRESENTATIVE ACTION. All disputes shall be resolved on an individual basis.

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent actual or threatened intellectual property infringement or misappropriation, and such relief shall not be subject to arbitration.

Force Majeure

Neither party shall be liable for failure or delay in performing obligations to the extent such failure or delay is caused by events beyond such party's reasonable control, including acts of God, natural disaster, war, terrorism, labor disputes, epidemics/pandemics, governmental actions, or failures of third-party networks or service providers.

Miscellaneous Provisions

1. Amendment. Ndrivers may amend these Terms from time to time. Where material changes are made, Ndrivers will provide notice (for example, by posting a notice on the Services or sending an email). Continued use after notice constitutes consent to the amended Terms.
2. Severability. If any provision of these Terms is held to be invalid or unenforceable, the remainder shall remain in full force and effect.
3. Assignment. You may not assign your rights or delegate your obligations under these Terms without Ndrivers' prior written consent. Ndrivers may assign or delegate these Terms, in whole or in part, without restriction.
4. Entire Agreement. These Terms, together with any documents expressly incorporated by reference (including the Privacy Policy), constitute the entire agreement between you and Ndrivers regarding the Services.
5. Waiver. Failure by Ndrivers to enforce any provision of these Terms shall not be construed as a waiver of any provision or right.
6. Survival. Provisions that by their nature should survive termination shall survive, including: payment obligations, warranty disclaimers, limitation of liability, indemnification, and dispute resolution provisions.

Contact Information

For notices, legal process, or other communications regarding these Terms, please contact:

Ndrivers
Subject: Legal / Terms of Service
Email: legal@ndrivers.com

Privacy practices and data handling are governed by our Privacy Policy.

Acknowledgment

BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM.