AGREEMENT

Udrive Saudi Arabia (Udrive) is a car rental service registered in KSA, commercial registration number (1010675472) with registered office located at the 2th floor, Office 7961, Al Takhassusi, Al Muhammadiyah Dist, (P.O BOX 12363), Riyadh, KSA. 

Udrive is a concept that gives 24/7 access of Udrive vehicles to its clients. So, either you are going for a meeting, hang out late night with friends or go out for shopping, Udrive gives you access to convenient transportation anywhere, everywhere. This service is available to people that have been approved through an application process and registered as Clients by Udrive. This Agreement governs the relationship, rights, and obligations between Udrive and the Client for the use of Udrive Vehicles. This Agreement does not itself confer any right to use Udrive vehicles. By using a Udrive vehicle the Client agrees and adhere to all Terms and Conditions of Udrive as well as this Agreement. 

CLIENT'S DECLARATION

The Client declares that they he/she received all explanations as they may have reasonably requested concerning the content of this agreement and that he/she has carefully reviewed and understands all his/her commitments and obligations in this agreement. The Client declares that he/she understands this agreement contains terms related to damages, liability and indemnification and that they understand that this agreement may impact their rights and responsibilities in the event of any damage to Udrive vehicles or third parties. By applying for Membership or using a Udrive vehicle the Client agrees as follows.

DEFINITIONS, SCHEDULES, AND MODIFICATION OF TERMS

1.1. Definitions

In this Agreement, except as otherwise expressly provided, or unless the context otherwise requires: – ‘Account Page’ means the Client’s personal account section of Udrive mobile application – ‘Agreement’ means this Agreement as amended or supplemented in writing from time to time; – ‘Application/App’ means the Client’s application for Membership with Udrive; – ‘Driver’s License’ means a driver’s license that authorizes the person to whom it is issued to operate a motor vehicle in the jurisdiction where he or she uses any Udrive vehicle; – ‘Eligible’ or ‘Eligibility’ means a person who meets the Eligibility Requirements. – ‘Fees’ means all fees, costs and charges applicable under this Agreement pursuant to the Fees; – ‘The Business Zone’ means the area delineated by Udrive pursuant to the business area for commencement and termination of a Trip; – ‘Invoices’ means a summary of all fees and other amounts for which a Client is responsible that relate to use of a Udrive vehicle or other amounts owing pursuant to this Agreement, which will be generated on a regular basis and which may be made available on the mobile app – ‘Client’ means the party to this Agreement who is approved by Udrive through the registration process.

– ‘Membership Access’ means the electronic access provided to a client which enables him/her to access a car via the Udrive Android or iOS App through a username and password – ‘Parking Rules’ means the parking rules as per KSA Traffic Police Dept., identifying the locations within the Zone where a Udrive Vehicle may be parked;

‘Business Zone’ means the area in which Udrive vehicles can operate, which generally includes operational area in the city in the KSA in which the Udrive Vehicle is found on mobile application., -‘Riyadh Fleet’ means the fleet of cars as mentioned on the mobile application within the Business Zone of that operating city irrespective of the car plate number. – ‘Person’ means and includes any individual, corporation, partnership, firm, joint venture, syndicate, association, trust, government, governmental agency or board or commission or authority, and other forms of entity or organization and any reference to a Person shall include and shall be deemed to be a reference to that Person’s successor; – ‘Udrive Vehicle’ means any motor vehicle registered to Udrive and used in connection with Udrive’s car rental business under the concept described in this agreement, the Udrive Terms and Conditions and the Udrive website, including all hardware or other property installed or affixed thereto; – Udrive’s Website’ means www.Udrive.sa and such other websites as may be specified by Udrive from time to time; – ‘Trip Period’ means the span of time between a Vehicle Activation and Vehicle Deactivation (Closing the Udrive vehicle through the access method provided to the Client by Udrive); – ‘Vehicle Activation’ means accessing/opening the Udrive vehicle through the access method provided to the Client by Udrive); and – ‘Vehicle Deactivation’ means closing the Udrive vehicle through the access method provided to the Client by Udrive.

-‘Penalty’ means additional charges implemented on a customer for violating Udrive terms and conditions

1.2 Schedules

The following schedules (‘Schedules’) attached to this Agreement and posted on Udrive’s website are incorporated by reference and shall be deemed to form a part of this Agreement: -Terms of Use – Fees – Privacy Policy

1.3 Modification of Terms

The current version of this Agreement is available at Udrive’s website/mobile app. Udrive reserves the right to amend, supplement, or replace this Agreement from time to time. Such notice shall be deemed given to the Client upon being provided by Udrive in accordance with this Agreement. The Client acknowledges and agrees that all modifications of this Agreement shall be in effect for and binding on the Client in exchange for and as a condition of the Client’s continued rights under this Agreement, including the use of Udrive vehicles. By reserving a Udrive Vehicle or otherwise using a Udrive Vehicle, the Client acknowledges and agrees that Udrive may amend these terms from time to time.

The client should review and check the terms and conditions before entering into a new agreement with Udrive.

Interpretation and General Terms

2.1 Interpretation

In this Agreement, except as otherwise provided, or unless the context otherwise requires: – the subdivisions in this Agreement are called, in descending order, “sections,” “subsections,” “paragraphs,” “subparagraphs,” “clauses,” and “sub clauses”; – the words “herein” and “hereunder” and other words of similar import refer to this Agreement as a whole and not to any particular provision hereof; – headings inserted in this Agreement are for convenience only and are not intended to interpret, define, or limit the scope, extent, or intent of this Agreement or any provision hereof; – words like “including,” “specifically,” or “particularly,” or words of similar import when following any general statement, term, or matter, shall not be construed to limit such general statement, term, or matter to the specific items or matters following such word or to similar items or matters, whether or not non-limiting language (such as “without limitation” or other words of similar import) is used with reference thereto but rather shall be deemed to refer to all other items or matters that could reasonably fall within the broadest possible scope of such general statement, term or matter; – any reference to a statute includes amendments thereto, regulations made pursuant thereto, and to any statute or regulation that supplements, supersedes, or replaces same; and words importing one gender include all other genders, words in the singular include the plural, and words importing individuals shall include firms & corporations, and, in each case vice versa.

2.2 Severability

Any term, condition or provision of this Agreement, which is deemed to be void, prohibited or unenforceable shall be severable here from without in any way invalidating the remaining terms, conditions and provisions hereof.

2.3 Enforcement of Remedies

Any remedy which may be available to a party by virtue of any provision contained in this Agreement and as a consequence of the default of another party shall be in addition to and not by way of substitution for any statutory, common law, or equitable remedy which may also be available and all such remedies may be enforced either successively or concurrently.

2.4 Non-Waiver

Neither the granting of any time or other indulgence to any party hereto nor the failure of any party to insist upon the strict performance of any covenant, term, or condition of this Agreement or to enforce its rights hereunder shall be construed as a waiver of its rights or remedies hereunder and the same shall continue in full force and effect.

2.5 Further Assurances:

The Client will promptly and duly execute and deliver to Udrive such further documents and assurances and take such further action as Udrive may from time-to-time reasonably request in order to more effectively carry out the intent and purpose of this Agreement and to establish and protect the rights and remedies created or intended to be created hereby. Udrive might send to the Client a summarized car rental agreement which he/she must carry during any trip with the Udrive vehicles and present upon demand of a law enforcement officer. If a copy is not provided, the client might use this agreement.

2.6 Notices:

Any notice or other communication required or permitted to be given by Udrive to the Client under the terms of this Agreement shall be sufficiently given to the Client by any one of the following means:

1- by a posting on Udrive’s Website; 2- by a posting in Udrive Vehicles; 3- by regular mail to the mailing address the Client maintains with Udrive; 4- by email to the email address the Client maintains with Udrive; or 5- by telephone to the telephone number the Client maintains with Udrive.

Any notice or other communication required or permitted to be given by a Client to Udrive under the terms of this Agreement shall be sufficient given to Udrive by any one of the following means: by regular mail to: U Drive Rent a Car LLC, P.O. Box (P.O BOX 12363),, Riyadh, Kingdom of Saudi Arabia by email to such notice or communication shall be deemed to have been received and given at the time when, in the ordinary course of transmission, it would have been delivered or received at the address to which it was sent.

2.7 Entire Agreement

This Agreement and the Application constitute the entire agreement between the parties and there are no statements, representations, warranties, undertakings, or agreements, written or oral, express or implied, between the parties hereto except as herein set forth.

2.8 Binding Agreement

The terms of this Agreement are contractual and not a mere recital.

2.9 Inurement

This Agreement and everything herein contained shall inure to the benefit of and be binding upon the parties together with their personal representatives, successors, and permitted assigns.

2.10 Joint and Several

Representations, warranties, covenants, or obligations, when of more than one Person, shall be deemed to be given by each such Person on a joint and several basis.

2.11 Assignment

This Agreement is personal to the Client and the Client may not assign this Agreement or any of its rights or obligations hereunder.

2.12 Currency

All Riyal amounts appearing in this Agreement are in SAR unless otherwise stated

Conditions of Use:

3.1

1. The Client must be at least 21 years old or above on the date of activation of the account.

2. The Client must be physically fit and capable of operating the vehicle.

3. The client must hold a driving license for over than 1 year in the KSA or outside the KSA which is recognized as per the concerned authorities.

4. The following driving licenses are recognized by the authorities: 5. UAE, AUSTRIA, BELGIUM, SPAIN, GERMANY, FRANCE, IRELAND, NETHERLAND, ITALY, UNITED KINGDOM, TURKEY, GREECE, SWITZERLAND, NORWAY, DENMARK, SWEDEN, ROMANIA, POLAND, CYPRUS, FINLAND, PORTUGAL, CANADA, UNITED STATES OF AMERICA, KUWAIT, SAUDI ARABIA, BAHRAIN, QATAR, OMAN, SOUTH KOREA, NEW ZEALAND, HONG KONG, JAPAN, AUSTRALIA, SINGAPORE, SOUTH AFRICA.

6. The Client agrees to cooperate in providing Udrive all information necessary to confirm their Eligibility. Udrive reserves the right to request additional information, at any time. Udrive reserves the right to reject a client at its own discretion

3.2 Additional Criteria

The Client acknowledges that Udrive may add additional requirements to the conditions of use at any time and that such additional requirements may disqualify the Client.

3.3 Ongoing Requirements

Udrive may, from time to time, check Clients’ driving records and reserves the right, in its sole discretion, to suspend or terminate this Agreement. In addition, Udrive may at any time require Clients to demonstrate compliance with the local laws and/or impose further policies.

3.4 Loss of Eligibility

The Client loses his eligibility for the reasons mentioned below, but not limited to :

  1. If the license is suspended or revoked or becomes expired,
  2. If the Client has any further endorsements or accidents on their driving record,
  3. If the Client is convicted of or receives a citation for driving under the influence of alcohol or drugs.
  4. Dangerous or reckless driving or exceeding the speed limit

The Client agrees to report such suspension, revocation, changes, conviction, or citation to Udrive promptly. Failure to notify Udrive of any such events may lead to the Client not being covered by Udrive’s insurance policy when driving a Udrive Vehicle and/or termination of this Agreement. The Client should at no time access or use a Udrive vehicle when he/she does not legally comply with the laws of KSA or any legal rules and regulations or any of the Udrive terms and conditions.

MEMBERSHIP

4.1 Commencement

To access our services the client needs to create a member account on the App.

By proceeding to create a member account with Udrive, the client represents that he/she meets all relevant requirements set out in this Agreement, and that he/she will fully comply with it.

4.2 Communications

Udrive reserves the right to contact its client for any reason through any communication methods. the client shall bare the costs for contacting Udrive’s customers or landline.

The contact details provided by the Client upon the registration with Udrive are considered as the legal contact of the Client and all communications, legal notifications and information will be provided to the

same. The Client is required to ensure that these communication methods are properly working and accepts all responsibilities in case if there is a communication failure.

4.3 Termination

4.3.1 termination by client

The Client may terminate this Agreement at any time by:

1- Written notice by email or by any other means

2- Paying all outstanding fees, fines, invoices or any other charges.

3- Returning all other Udrive property in the Client’s possession

4.3.2 Termination by Udrive
  1. Udrive may terminate this Agreement, or suspend the Client’s use of Udrive Vehicles at any time, if the Client:
  2. Does not pay any Fee at the time Fee is due;
  3. Fails to comply with this Agreement, including the Terms of Use; fails to maintain Eligibility;
  4. Returns a Udrive Vehicle to a location other than a location permitted by the Parking Rules and Business Area Rules;
  5. Fails to notify Udrive of any defect with a Udrive Vehicle adversely affecting the operation or safety of that Udrive Vehicle;
  6. Has made a statement or representation to Udrive which is incorrect or has failed to disclose facts or circumstances required to be disclosed under this Agreement.
  7. Notwithstanding the foregoing, Udrive may terminate this Agreement or suspend a Client’s use of Udrive Vehicles at any time and for any reason whatsoever, in the sole discretion of Udrive.

4.4 Suspension of Use

At any time, Udrive may prohibit any continued use of the Udrive Vehicle and notify the appropriate authorities if Udrive believes there is a violation of any laws or clauses of this Agreement, including the Terms of Use or a misuse of the vehicle. This includes the exploiting use of the Udrive vehicles at the benefit of the client and negligent loss of Udrive.

4.5 Return of Property

Upon termination of this Agreement or suspension of the Client’s use of Udrive Vehicles, howsoever caused, the Client shall immediately return to Udrive any Udrive Vehicleand any other property of Udrive in the Client’s possession or control as instructed by Udrive. The Client shall be responsible for and agrees to pay any legal fees, court costs, or expenses or any other fees associated with enforcing any term of this Agreement whether upon termination or otherwise and including any costs relating to recovering any of the foregoing property or any amounts due and owing to Udrive.

USE OF UDRIVE VEHICLES

5.1 Ownership

Nothing in this Agreement transfers or otherwise conveys ownership or any right, title, or interest in any property to the Client, including any Udrive Vehicles. The Client agrees that they will not tamper, destroy, modify, read, copy, manipulate, or reverse engineer Membership Access, any Vehicle Activation method installed in a Udrive Vehicle, or other any other Udrive Property.

5.2 Parking Rules

The Client shall only park the car in free parking areas where the parking is legally allowed for free for an unlimited time by the concerned Authorities.

2. Any parking fine or impounding charges and/or Udrive relocation charges will be charged to the client based on the violation type.

3. The free parking needs to be uncovered and has unlimited and unrestricted access for anyone. Parking in communities, private parking, underground parking, basement parking, or multilevel car parking is prohibited.

4. Any costs, penalties or fines are solely at the responsibility of the Client and payable by the Client. Any use of payable parking spots will be at the costs of the Client. In case if the Client ends his trip in a payable parking area which is not covered by any parking permission provided by Udrive, the Client will be charged all costs caused through parking at the spot as charged by the Owner/Management of the referring parking spot with an additional Udrive administration and service fee as per the Udrive Fees Schedule. Any other charges that will apply until the time the car was discovered and removed by the Udrive Team, as per the availability and discretion of Udrive, is the liability of the Client and payable by the Client.

5. Any imposed fines and fees paid by Udrive to any authorities or third parties are to be paid to Udrive, regardless if paid already or outstanding to be paid by Udrive. Any appeals or reclamations are to be done after the payment.

6. Additional Udrive penalty charges might/will be imposed from Udrive in the event of Udrive relocating vehicle And/or incurring any other clause.

7. Not complying with this will lead to relocation and other fees and penalties as per the Udrive Fees/Penalty Schedule

8. Parking in multilevel parking is not allowed, mall parking’s, basement, closed communities are not allowed.

COMMENCING A TRIP

6.1 Vehicle Reservation

A Udrive Vehicle may be reserved by a client through a mobile application or other authorized mobile applications or otherwise as specified by Udrive from time to time.

If you do take the trip for that reservation, there will be no charge for that reservation. Each reservation has a max 30-minute window to reach the vehicle and start the trip.

6.2 Inspection for Damage

Before operating a Udrive Vehicle, the Client must inspect the interior and exterior of the Udrive Vehicle for any visible defects, damages, or excessive soiling, and must immediately notify Udrive of any observed defects, damages, or problems to or with the vehicle itself or with any installed technology. If any defects, damages, or excessive soiling are discovered prior and post trip the Client must, report the damages either through the app or by contacting the Udrive Customer Service at +966118343474 and/or by email at support@udrive.sa and accurately and truthfully inform the Udrive Customer Service of the nature of the discovered defects, damages, or excessive soiling with relevant proof in a form of a video or a picture only through emails, chats or mobile application

Udrive may prohibit the Client from using the Udrive Vehicle at its sole discretion:

1- If the client fails to report any damages, malfunctions or any other issues prior to using our services

2- The Client will be held liable for the repair, cleaning, or other costs related to the Udrive Vehicle

6.3 Inoperable Udrive Vehicles

If the Client’s reported observations result in the Udrive Vehicle being deemed inoperable, the Client may be assigned a different Udrive Vehicle within a reasonable time and distance at Udrive’s discretion and depending on the availability and the type of the vehicle.

6.4 Vehicle Cleanliness and Hygiene

Clients must return the Vehicle in a clean state and remove all personal belongings from the vehicle. Udrive makes no representations or warranties as to the cleanliness of any Udrive Vehicles and the Client accepts use of a Udrive Vehicle on an ‘as is, where is’ basis.

6.5 Vehicle Activation

At its sole discretion, Udrive may allow activation of a Udrive Vehicle and commencement of a Trip Period through an authorized smartphone mobile application or through any such other manners as may be determined by Udrive from time to time. Upon activation, the Udrive Vehicle will automatically be unlocked for use by the Client (‘Vehicle Activation’).

6.6 Commencement of Fees

A Client will be charged for use of the Udrive Vehicle commencing upon Vehicle Activation. Fees shall accrue even if the Udrive Vehicle is used in breach of this Agreement, including by a person other than the Client. Fees are also applicable if the car is not driven or used.

6.7 Area of Operation

The Client can use a Udrive vehicle within the KSA but end & return the vehicle only in the same Business Zone from where trip started unless approved by Udrive. If the Client travels outside the Business Zone, the Client will be personally responsible for costs associated with returning the vehicle to the Zone, including, but not limited to, costs associated with vehicle repair, motor-vehicle accidents or collisions, fuel, parking charges and towing services. The Client is responsible for vehicle and will continue to incur charges until the vehicle is returned to the authorized parking zone. None of the Udrive vehicles is allowed to be moved or driven outside KSA.

ENDING A TRIP

The end of the trip is initiated by the Client by mobile application or in any other manner as may be determined by Udrive from time to time. The trip is ended only if the Udrive mobile application has confirmed that the same. The client is responsible for ending the trip. In the event the Client fails to end the trip/ Deactivation the Trip Period shall continue and the Client will be liable fees incurred in relation to the ongoing Trip Period

7.1 Obligations on Ending a Trip Period

When the Client wishes to end a trip, the Client shall: park the vehicle in accordance with the Parking Rules and at allowed locations mentioned in this agreement or on the mobile application. 

2- Ensure that the Key has been returned in the Vehicle 

3- Ensure that all windows doors and trunks are fully closed and that all internal and external lights have been turned off;

4- Remove all trash or soil from the vehicle. 5- Make sure that car fuel should be at least 15% or more when ending the trip.

7.2 Maximum Duration of Use

If a Trip Period exceeds the mentioned time in the app, the client’s account will be blocked by Udrive and the car will be immobilized by Udrive. Until the vehicle is returned to the business Zone and the trip is ended, the Client will continue to incur fees and/or penalties as specified in the Fees. If payment is not made or is rejected or otherwise unauthorized, Udrive retains the right to repossess the Udrive Vehicle from its then-current location and, to the extent permitted by law, the Client will assume all associated costs, including key replacement, if the Udrive Vehicle key is not promptly returned.

7.3 Return to the Zone

The trip may be ended only if the Udrive Vehicle is located within The Zone and in accordance with the Parking as mentioned in app. The exact boundaries are usually within the cities of the Udrive vehicles in the current operating city. Further information shall be obtained from the Udrive Mobile Application. If the Udrive Vehicle cannot establish a cellular network connection but the Client is able to call the Udrive Customer Service, Udrive may end the trip remotely and provide confirmation to the Client. In such cases, Udrive may require the Client to move the Udrive Vehicle to another location permitted by the Parking Rules of this Agreement. Failure to return the vehicle in accordance with this Agreement may result in liability or possible sanctions as per this Agreement.

FEES, PAYMENTS, AND BILLING

8.1 Fees

The Fees for using a Udrive Vehicle and related services are set out in the Fees, as amended from time to time. The Client agrees to pay all amounts when due. All fees for using a Udrive Vehicle begin to accrue upon the commencement of the Trip Period and are payable in full at the end of the Trip Period.

8.2 Invoicing

Upon ending the trip, the client shall be receiving a trip summary via email, and a copy of the Invoice shall be added to the Client’s Account. The Client acknowledges receipt of notice of all Fees upon the issue of an Invoice. If applicable, Toll charges, fines and any other costs will be added as per the Client’s usage/cause separately as when they are received by Udrive from the concerned authorities whenever communicated. Additional Admin fees may be charged on the toll gate fees, fines as per the fees structure.

8.3 Payments

Payments shall be made by Visa Card, MasterCard, or such other method as Udrive may authorize in its sole discretion from time to time. The Client hereby authorizes Udrive, including its employees, agents, or any assignees, to charge the Client using any of the payment information supplied by the Client to Udrive’s appointed payment partner.

Such payment method provided by the Client shall have sufficient funds available to cover all Fees incurred by the Client. The Client is solely responsible for any associated credit / debit card charges or fees incurred to the customer. The Client hereby authorizes Udrive to reserve credit, with or without an authorization from, through the Client’s payment card issuer within 24 hours of the commencement of a Trip Period. In the event a payment card charge is declined by the Client’s payment card issuer (either for advanced authorization or incurred charges), Udrive may suspend or terminate the use of Udrive Vehicles by the Client.

1. Prepaid Gift Cards are not accepted from Udrive as a form of payment.

8.4 Billing History

Trip Period history, Invoices, and payment history may be accessed by the Client on the Client’s Account Page inside the mobile application.

8.5 Refunds or Appeals

1. Any request for refund or for alteration of fees ,fines, penalties, invoices or appeals must be communicated to Udrive within 7 days in written by email from the date the Invoice. Refunds and appeals are subject to review and approval in Udrive’s sole discretion.

2. Any objections or appeals after this period will not be considered and the Client acknowledges the same. The Client shall at no time reverse a transaction through its Credit Card company or bank if Udrive has not agreed to the same. Any charges caused or occurring from such an action can be claimed by Udrive from the Client.

3. Udrive credits received on the Udrive account wallet can be adjusted only against usage charges and cannot be deducted against /toll gate charges, Fines, Penalties or Fees.

4. Udrive credits cannot be refunded or exchanged as cash.

5. Udrive credits may have an expiration date associated with it.

6. Udrive credits cannot be transferred to any other account.

7. Udrive retains the right to refund the customer through Udrive credits or cash.

8.6 Current Payment Information

The Client is responsible for providing and keeping current credit card information updated with Udrive. Failure to do so may result in temporary or permanent termination, deactivation of the Udrive account.

8.7 Collections

Udrive may utilize third parties to collect amounts owed to Udrive by the Client.

COLLISIONS, DAMAGE, AND TRAFFIC VIOLATIONS

9.1 Uninsured Damage

The Client is solely responsible for all uninsured damage to a Udrive Vehicel incurred during the Trip Period and is responsible for the full costs of any uninsured damages or injuries caused to third parties or to their property including: 

  • the repair costs (estimated or actual for the Udrive Vehicle and third-party property); 
  • injuries to third parties; 
  • cost associated with the recovery or transportation of any Udrive Vehicles; 
  • and the loss of use of any Udrive Vehicles or third-party property.

9.2 Damage Fees

Provided that the Client has complied with this Agreement, including the Terms of Use, the Client’s responsibility for insured damages shall be those amounts described in the Udrive. Clients shall be responsible for the full amount of such damage Fees for actual, estimated, or projected costs whether or

not an actual claim is made or processed. Udrive reserves the right to charge damage according at its sole discretion.

9.3 Loss of Insurance Coverage

In the event that any loss or damage occurs during a Trip Period and insurance coverage is lost or otherwise does not apply due to the actions or conduct of the Client, then the Client is responsible for the full cost of any such loss or damage.

9.4 Presumption

Where damage to a Udrive Vehicle is reported or otherwise recorded by Udrive, the last person (meaning other Clients) to use the Udrive Vehicle shall be presumed to have caused and shall be liable to Udrive for the damage caused in the absence of evidence, as may be determined by Udrive in its sole discretion.

9.5 Loss of Property

Where damage to a Udrive Vehicle is reported or otherwise recorded by Udrive, the last person (meaning other Clients) to use the Udrive Vehicle shall be presumed to have caused and shall be liable to Udrive for the damage caused in the absence of evidence, as may be determined by Udrive in its sole discretion.

9.6 Report of Damage

The Client shall promptly report to Udrive all collisions, accidents, defects, or damage to the vehicle resulting from force or accident in the manner specified in this Agreement, together with a report to police as required.

The Client shall upload damages prior & after the trip either on the mobile app, live chat through website or through emails only. Failure to do so might lead to incurring additional damage charges on the Client.

9.7 Police Reports

If the police /Najm attend to the scene of a collision involving a Udrive Vehicle, the Client must remain at the site until authorized to leave by Police/Najm. If the Police do not attend at the collision site, the Client must report the collision through any other channels as dictated by the Police. The Client shall complete an incident report form in the event of a collision, accident, injury, or other incident and provide a copy to Udrive within 5 business days of the accident date and ensure that the details in the report as accurate. If not provided within the mentioned time frame, the Client may be held for the partial or full damage and any other additional costs caused due to the non-submission of the police report.

9.8 Entitlement to Compensation

Udrive is entitled to any and all compensation or monies paid in connection with damages to a Udrive Vehicle. In the event the Client receives any such monies, the Client agrees to hold such monies in trust on behalf of Udrive and agrees to promptly make payment of such monies to Udrive.

Loss of eligibility or use of a vehicle in violation of this Agreement may automatically disqualify the client from insurance coverage provided by Udrive’s Insurer and the Client will be liable to pay for the full damage and any other additional costs caused.

9.9 Coverage

Udrive provides Comprehensive insurance coverage for all of it cars which include the comprehensive insurance of the car as well as basic coverage for the driver and passengers

9.10 Client Deductible Obligations / Excess Amount

The Client will be responsible for a deductible / excess fee as per the Udrive Fees Schedule as mentioned in Udrive’s website in the event of any claim in connection with the Client is made under Udrive’s insurance policy. This is payable by the customer in case of any damages, accidents, losses with no police report or if the Police issues a white (Unknown) or red (at faulty) accident report.

The client shall pay any imposed fines, penalties and fees directly to Udrive only. Any appeals are to be made after the payment is done.

9.11 Damages and Client Responsibility

The client shall be responsible for any theft, damages or losses to Udrive any of the Udrive’s property. In all cases, where Udrive’s insurance policy does not cover a claim or a claim is in excess of the coverage provided by Udrive’s insurance policy, the Client is liable for the entire amount of such claim, including the cost of replacement or repair of any involved vehicle and for any and all claims of any kind made by third parties. Udrive will not share Internal invoices/receipts or proof of payments related to its operations of the fleet or with the customer under any circumstances.

9.12 Maintenance and Repair

The Client must not arrange or conduct any maintenance, repair work or work on the car. If the car is not performing as expected or appears to need maintenance or repair, the client must inform Udrive promptly and allow Udrive to take corrective action.

LIABILITY

10.1 Limitation of Udrive's Liability

In particular, the Client acknowledges that to the extent permitted by applicable law, in no event will Udrive be liable, responsible or otherwise, to the client or to third parties for any damages or losses that may arise from or in connection with:

(i) the failure, interruption or disruption of any service or the unavailability of the App or the services, regardless of whether the same is provided by Udrive or a third party;

(ii) the quality, accuracy, timeliness, speed, reliability, performance of any Car Rental Company or service and/or the App (including without limitation any breach by the Car Rental Company of any obligation);

(iii) errors, mistakes, or inaccuracies of any Content and/or information available on or through the App;

(iv) any unauthorized access to or use of Udrive servers and/or any and all personal information stored therein, and/or any interruption or cessation of transmission to or from Udrive servers, and/or any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the App by any third party; or (v) any failure or delay in the execution of any transactions through the App and/or the services;

(vi) any dispute, conflict or disagreement between other members or the general public in connection with any services;

(vii) loss of profits, loss of business reputation (whether incurred directly or indirectly), any injury or accident or physical or property damage or health issues or otherwise that may occur to the Client.

10.2 INDEMNITY

Client's Indemnity of Udrive

The Client shall indemnify and hold harmless Udrive (including its affiliates, subsidiaries, associated companies, successors, and assigns and each of their respective officers, directors, agents, and employees severally and collectively) from any and all losses, claims, demands, liabilities, damages, pleadings, fines, penalties, judgments, and expenses (including, without limitation, legal expenses on a solicitor and his own client basis), suffered or incurred by or brought against any or all of them, including by third parties, by reason of any act or omission of Udrive or its officers, directors, agents, employees, or subcontractors in relation to this Agreement or the Client’s use of Udrive Vehicles.

UDRIVE TERMS OF USE

11.1 Client’s OBLIGATIONS:

The Client shall:

1. Handle Udrive vehicles gently and with care, and adhere to applicable maximum and minimum speeds, as local speed limits and follow KSA traffic rules and regulations.

2. At the Client’s sole expense, immediately inform the Traffic Police of any instances of collision, or damage to the vehicle resulting from force or accident, followed by informing Udrive and Udrive Customer Service Center.

3. At the request of Udrive, the Client must transmit to Udrive a copy of traffic report or other documents related to the accident and in the Client’s possession.

4. Secure the vehicle against theft (windows must be closed and central locking system enabled).

5. Ensure that the vehicle is used only in a condition in which it is roadworthy and reliable.

6. Drive in a manner that promotes vehicle fuel economy.

7. Refuel the car only at the Petrol Stations of: SASCO, Al Drees

8. Bare the cost of refueling the car if it is outside the operating city.

9. Not make any payments for fuel or anything else on behalf of Udrive, except if it is confirmed in written or verbally by Udrive. Client shall retain a copy of the fuel receipt and send it to support@udrive.sa to claim a reimbursement within 30 days. The primary method for reimbursement will be as Udrive credits into the Udrive wallet which will be valid for minimum period of 6 months.

10. Comply with all applicable laws including traffic laws, health, safety, criminal and civil laws.

11. Park the vehicle in accordance with the Parking Rules as mentioned on the website in the designated unlimited free and uncovered (no ceiling, wall, roof, tent or any other cover above the car) parking spaces in the business area assigned; or at any spaces for which Udrive has made a permission available at its own discretion.

12. Notify Udrive of any tickets and/or warnings for traffic or driving offences received while operating a vehicle or during the trip, including parking tickets. Regardless if Udrive is informed

of any tickets or warnings for traffic or driving offences, the Client agrees to bear all costs, fines and administration charges caused.

13. Keep any passwords or other similar types of access codes in strict confidence and not make passwords or other similar types of access codes available to third parties, including noting passwords. At no time should a password other similar type of access code be recorded in written or electronic form.

14. Client must pay for any associated costs and/or damages arising from unauthorized use by third parties. If a client has reason to believe a third party may have obtained unauthorized knowledge of a password or other similar access code, the Client must change the compromised password or other similar access code or inform Udrive immediately.

15. Provide and maintain current email, mobile phone, home address, mailing address, and other account information.

16. At Udrive’s request, Provide the precise location of any Udrive Vehicle being used by the Client.

17. At Udrive’s request, allow the inspection of any Udrive Vehicle by Udrive or any third party.

11.2 PROHIBITED CONDUCT

The Client shall NOT:

1. Use the vehicle while under the influence of alcohol, drugs, or medication that could adversely impact his/her ability to drive; drinking alcohol and driving is strictly prohibited (for alcohol as well as drugs, whether legally prohibited, prescribed or otherwise). We have a zero-tolerance policy.

2. Allow third parties to drive a vehicle (including individuals who are themselves Clients, but who did not initiate the current trip). Give, lend, or provide access to any third party.

 

3. Drive the vehicle on off roadways or in motorsports events or races of any kind.

4. Engage in any distracting activity prohibited by applicable laws, rules, or regulations and/or use any hand-held electronic device while operating the vehicle.

5. Use the vehicle for vehicle tests, driving classes, or to transport individuals as part of a commercial business.

 

6. Verbal, physical, racist abuse and behavior against any Udrive employees through any communication channel will not be tolerated & can lead to termination of the contract & legal proceedings.

7. Use the vehicle to transport flammable, poisonous, or otherwise dangerous goods for other than household use and in amounts greater than what is usually consumed in a household.

8. Transport objects with the vehicle that could—due to their size, shape or weight—adversely impact the vehicle’s handling safety or damage the interior of the vehicle.

9. Use the vehicle in the commission of a crime.

10. Smoke (including vaping, e-cigarettes, or similar) eat, drink inside the vehicle or use tobacco products in the vehicle or allow passengers to smoke or use tobacco products inside the vehicle.

11. Allow any animal inside the vehicle unless the animal is recognized as a guide animal for a disabled person, any such animal must be appropriately secured and contained. With the exception of a guide animal accompanying a client or passenger with a disability or a pet of a Client (which guide animal or pet must be stored in an airline-approved animal carrier), take animals into the vehicle.

12. Excessively soil the vehicle or leave trash of any kind in the vehicle.

13. Remove objects that are attached to the vehicle or form part of the vehicle’s equipment.

12.1 Governing Law

This Agreement shall be governed and construed and enforced in accordance with, and the rights of the parties hereto shall be governed by, the laws of Kingdom of Saudi Arabia. Each of the Parties hereby irrevocably submit themselves to the jurisdiction of the courts in KSA. Any dispute arising out of or in connection with these terms and conditions shall be settled by the courts of KSA.

12.2 Acknowledgement

The Client acknowledges that they have read and understood the Terms of Use. The Client agrees to abide by the Terms of Use as updated and revised from time to time. Udrive may alter the Terms of Use at any time by publishing the replacement Terms of Use / Terms & Conditions on the Terms & Conditions section of Udrive’s Website or App. It is the Client’s responsibility to periodically review the Terms of Use and to ensure their compliance on an ongoing basis.

PRIVACY POLICY

Data Retention Policy, Managing Your Information

We will retain User Provided data for as long as you use the Application and for a reasonable time thereafter. We will retain Automatically Collected information for up to 24 months and thereafter may

store it in aggregate. If you’d like us to deactivate User Provided Data that you have provided via the Application, please contact us at support@udrive.sa and we will respond in a reasonable time. Please note that some or all of the User Provided Data may be required in order for the Application to function properly.

If these Terms are terminated, it does not relieve the client from their obligation to pay Udrive any amounts the clients owe to Us or which become owed to Us and termination is without prejudice to all prior rights and obligations of You and Us.

All indemnity and liability provisions of these Member Terms are intended to survive termination.

We do not use the Application to knowingly solicit data from or market to children under the age of 13. If a parent or guardian becomes aware that his or her child has provided us with information without their consent, he or she should contact us at support@udrive.sa We will deactivate such information from our files within a reasonable time.

Data Protection

We are concerned about safeguarding the confidentiality of your information. We provide physical, electronic, and procedural safeguards to protect information we process and maintain. For example, we limit access to this information to authorized employees and contractors who need to know that information in order to operate, develop or improve our application. Please be aware that, although we endeavor provide reasonable security for information we process and maintain, no security system can prevent all potential security breaches.

Changes

This Privacy Policy may be updated from time to time for any reason. We will notify you of any changes to our Privacy Policy by posting the new Privacy Policy on www.udrive.sa. You are advised to consult this Privacy Policy regularly for any changes, as continued use is deemed approval of all changes.

Your Consent

By using the Application, you are consenting to our processing of your information as set forth in this Privacy Policy now and as amended by us. “Processing,” means using cookies on a computer/hand held device or using or touching information in any way, including, but not limited to, collecting, storing, deleting, using, combining and disclosing information, all of which activities will take place in the United Arab Emirates.

Contact us If you have any questions regarding privacy while using the Application, or have questions about our practices, please call us on +966118343474 or mail us at support@udrive.sa