Taxi User Agreement
1. Important Notice
1.1 This Taxi User Agreement (this “Agreement”) is an agreement entered into by and between you (“you” or the “User”) and Tianjin Shuxing Technology Co., Ltd. (the “Company” or “we”) in respect of your registration with the DiDi platform and use of the DiDi taxi information platform or our mini-programs (including, without limitation, via PC or smart mobile devices, or mini-programs or other versions), the provision of relevant information, recommendations and/or services to you through the aforesaid platforms and other relevant matters.
1.2 Please read this Agreement carefully and fully understand the terms hereof. Any legal notices, privacy policies, fare rates, platform rules and other rules shall be supplemental to and inseparable from this Agreement and have the same legal force as this Agreement. Before using the services provided by the DiDi taxi information platform, you must accept this Agreement. By filling in information, submitting documents, reading and accepting this Agreement and completing the registration procedures as prompted on the registration page, you acknowledge that you have fully read, understood and accepted this Agreement in its entirety. If you object to this Agreement or any provision hereof, you shall immediately discontinue the registration procedure.
1.3 You expressly agree that the DiDi taxi information platform shall have the right to update or amend the aforesaid agreements and their terms from time to time in accordance with changes in laws and regulations and/or its operational needs and announce such updates and amendments in advance, collect your customer opinions, and that such updates and amendments shall be announced via platform announcements, texts, and emails. DiDi taxi information platform is not obligated to inform you personally. You shall check the announcements on the DiDi taxi information platform from time to time. If you object to any update or amendment, you should cease to use the services of the platform. If you continue to use the online services provided by the DiDi taxi information platform, you shall be deemed to be aware of and have consented to such updates and amendments.
1.4 The DiDi taxi information platform, legally operated by the Company, is an online platform to provide information technology services for drivers and passengers. You shall carefully read and fully understand the terms of this Agreement, in particular the disclaimer terms relating to the release of or limitation on our liability, the terms imposing restrictions on your rights, and the terms providing for the methods of dispute resolution, jurisdiction and governing law.
1.5 Please carefully read and fully understand this Agreement and all relevant agreements, rules and other documents published by the DiDi taxi information platform. In the event that you do not have full capacity for civil conduct, please read this in the company of a legal guardian. You shall be deemed to accept the preceding statements, and updates, amendments, adding and deleting made to the preceding statements by us in accordance with the Agreement after registration to become a user of the DiDi taxi information platform and receiving taxi information service provided by the platform.
2. Services
2.1 The DiDi taxi information platform shall provide you with relevant information regarding taxi service providers, including, without limitation, information about drivers and vehicles, and simultaneously provide taxi service providers with your request for taxi passenger services (this does not include requests for other purposes such as to carry cargo), so as to facilitate you and a taxi service provider entering into a taxi service agreement.
2.2 For the avoidance of doubt, the DiDi taxi information platform does not provide taxi services, but rather is an online information technology platform providing information and technical support for you and taxi service providers and assisting you and taxi service providers in entering into taxi service agreements. The DiDi taxi information platform shall not be liable for any dispute or disagreement arising in the course of the provision of the taxi services, nor shall it be liable for any losses that a party may incur during the provision of the taxi services, and in such cases you and the taxi service provider shall resolve such issues yourselves.
2.3 The taxi service provider shall issue to you an invoice for the fare paid by you for the services provided by the taxi service provider.
2.4 You may download and use the applications and services on the DiDi taxi information platform free of charge. However, we reserve the right to collect payments from you for such applications and/or services provided by us in the future. If we decide to collect such payments, we will make an announcement in advance and you may, at your own discretion, elect to continue or terminate this Agreement. If you refuse to make relevant payments, we shall have the right to discontinue the provision of such paid services to you.
2.5 You agree and acknowledge that we only provide relevant online services and that all devices relating to such online services, such as personal computers, mobile phones and other devices relating to access to the Internet or mobile networks, and all relevant payments collected by third parties, such as telephone charges and Internet access charges paid for access to the Internet or mobile phone charges paid for the use of mobile networks, shall be borne by you.
3. Intellectual Property
3.1 All intellectual property of the DiDi taxi information platform, including, without limitation, copyrights, trademark rights, patent rights and trade secrets, as well as all relevant information, including, without limitation, textual representations and combinations thereof, icons, patterns, charts, colors, interface designs, layout frameworks, related data, printed materials or electronic documents, shall be protected by the Copyright Law, the Trademark Law, the Patent Law and the Anti-unfair Competition Law of the People’s Republic of China and relevant international treaties as well as other intellectual property laws and regulations, and we have obtained the relevant rights to such intellectual property except for those in relation to any software or technology licensed from a third party.
3.2 The User shall not enforce, utilize or transfer, or allow any third party to enforce, utilize or transfer, the aforesaid intellectual property for any profit making or non-profit making purposes without the written consent of the Company, and the Company reserves the right to hold the User liable for any such unauthorized activity.
4. Change, Suspension or Termination of Service
4.1 The User understands that the Company shall service or maintain the platform providing online services (such as Internet websites or mobile networks) on a regular or ad hoc basis, and access to the Internet is subject to matters such as global network stability, technical status, the location of the User and the network used, power supply, government control, computer viruses and hacker attacks, and that the Company is not liable for any disruption to the services arising from the foresaid causes, but shall give prior notice thereof other than in special circumstances.
4.2 The Company shall have the right to discontinue or terminate the provision of all or part of the online services to you hereunder at any time without any liability to you or any third party if:
• the personal information provided by you is untrue, incorrect or incomplete;
• you are in breach of the terms of use provided herein;
• you fail to pay service fees to the Company as required when using paid online services;
• you act in violation of laws, regulations or governmental rules.
4.3 The User may not use the registered account or the DiDi taxi information platform in such a manner as to violate the requirements of laws, regulations or national policies or infringe upon the legitimate rights and interests of any third party. In the event of any such violation or infringement, the User shall bear any resultant legal liability, and the Company shall have the right to prohibit the continued use by the User of his or her account or the DiDi taxi information platform, and shall further be entitled to provide relevant information to the government, courts or public prosecution authorities in accordance with relevant laws or governmental orders. The User shall indemnify the Company from and against any loss incurred by the Company in relation to the above matters.
5. Terms of Use
5.1 Upon successful registration, the Company shall provide the User with a user account, which shall remain the property of the Company, while the User acquired the right to use this account. The right to use the account shall belong to the original applicant only, and may not be transferred in any way, including, without limitation, by way of gift, loan, rental, transfer or sale. The User shall be responsible for keeping his or her account name and password safe, and shall be fully liable for all activities under his or her account name and password, whether undertaken by or on behalf of the User. And according to the agreement entered into between DiDi taxi information platform and DiDi platform including its cooperation platforms (hereinafter referred to as “DiDi platform”), Users’ account information can be shared and used across DiDi platform. You do not need to register other accounts before receiving a full range of ride information service provided by DiDi platform.
5.2 The User shall not lend or transfer his/her account and password to others. If the User becomes aware that his or her account has been used illegally by others, the User shall immediately notify the Company. The User shall bear all liability arising from any illegal use of his or her account name or password by others as a result of hacking or his or her failure to keep the account name or password safe, and the Company shall not be liable for the foresaid causes. The User agrees to indemnify the Company from and against all losses arising from any liability so incurred by the Company.
5.3 The User agrees that the Company shall have the right to place advertisements or other commercial information of any type in any manner during the course of providing online services, and the User agrees to accept product promotions or other relevant commercial information sent by the Company via email and other means by the DiDi Chuxing App or otherwise. The User agrees that the Company is not liable for the content of such advertisements or promotional information, and the User shall exercise his or her own careful judgement as to the correctness of such content and the quality of products or services.
5.4 In the course of using the services on the DiDi taxi information platform, the User shall:
5.4.1 comply with relevant laws and regulations of the PRC;
5.4.2 comply with all network agreements, rules and procedures relating to online services;
5.4.3refrain from using the online services system for any illegal purpose;
5.4.4refrain from using the services of the DiDi taxi information platform in any manner that would be detrimental to the commercial interests of the Company, including, without limitation, placing any advertisements without authorization from the Company;
5.4.5refrain from using the online services system of the DiDi taxi information platform for the purpose of taking any action that may have an adverse effect on the normal operation of the Internet or mobile networks;
5.4.6 refrain from using the online services hereunder for the purpose of uploading, displaying or disseminating any false, harassing, defamatory, abusive, threatening, vulgar or obscene information or data, or any other illegal information or data;
5.4.7 refrain from infringing the patent rights, copyrights, trademark rights, rights of reputation or any other legitimate rights and interests of any third party;
5.4.8 refrain from using the services system of the DiDi taxi information platform for the purpose of taking any actions detrimental to the Company.
5.5 Any statements, announcements, warnings and other contents made by the Company concerning certain specific usage of DiDi taxi information platform network service via various channels (including but not limited to webpage announcements, emails, texts, and so on) are deemed to be a part of the Agreement. The user shall be deemed to understand and accept the contents in the statements, announcements and warnings by using the network service.
5.6 In accordance with the privacy policy and information assurance terms of the DiDi platform, the Company shall be entitled to examine and monitor (including, without limitation, by verifying the data stored by the User with the Company) the User’s use of the online services of the DiDi taxi information platform including, without limitation, free or paid services. In the case of a breach of any of the foregoing provisions by the User in using the online services, the Company shall be entitled to request the User to remedy his or her breach or take all necessary steps, including, without limitation, modifying or deleting the information posted by the User, or to suspend or terminate the User’s right to use the online services, so as to mitigate the effects of the User’s misconduct. Any liabilities to a third person arising from the User’s conduct shall be borne by the User, and the Company disclaims any such liabilities.
5.7 In using the DiDi taxi information platform, the User, as a passenger, shall provide true and accurate travel information. If the User cancels orders without cause, the Company shall have the right to collect a no-show fee from the User subject to the rules of the DiDi taxi information platform, and to suspend the User’s use of all or part of the services of the DiDi taxi information platform until the no-show fee is paid by the User.
5.8 In using the DiDi taxi information platform, the User should pay the taxi fee and other actual expenses incurred. If the User refuses to pay the preceding fees, the Company shall have the right to suspend the User’s use of all or part of the services of the DiDi taxi information platform, and notify other information service platforms of DiDi platform to suspend the User’s use until the fees are paid by the User.
5.9 In using other information service platforms of DiDi platform, the Company shall have the right to suspend the User’s use of all or part of the services of the DiDi taxi information platform after being notified by other information service platforms until the payment is completed by the User, in case that the User refuses to pay the fees.
6. Authorization and License
6.1 Subject to your compliance with this Agreement, we grant to you a limited, non-exclusive and non-transferable license to download and install a copy of the applications on your mobile device that you own or control and to run such copy of the applications solely for your own personal use.
6.2 You shall not:
6.2.1 license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the services or applications in any way;
6.2.2 modify or create derivative works based upon the services or applications;
6.2.3 create Internet “links” to the services, or “frame” or “mirror” any application on any other server or wireless or Internet-based device;
6.2.4 reverse engineer or access the applications in order to design or build a competitive product or service, design or build a product using similar ideas or graphics to the services or applications, or copy any ideas, features, functions or graphics of the services or applications; or
6.2.5 launch an automated program or script, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the services or applications.
6.3 Furthermore, you shall not:
6.3.1 send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; 6.3.2 send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights;
6.3.3 send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs;
6.3.4 interfere with or disrupt the integrity or performance of our website, applications or services or the data contained therein; or
6.3.5 attempt to gain unauthorized access to our website, applications, services or related systems or networks.
6.4 We shall have the right to investigate, and bring a lawsuit for, any non-compliance set forth above to the fullest extent permitted by law. We may participate in, and assist law enforcement authorities with, lawsuits against any Users in breach of this Agreement. If we find that any content breaches this Agreement or otherwise prejudices our website, the DiDi taxi information platform and/or the services or applications therein, we reserve the right to delete, or prohibit access to, such content at any time without further notification.
7. Privacy Protection
7.1 Protecting the privacy of the User is a fundamental policy of the Company. The Company warrants that it will not make public or provide to a third party that is not an affiliate of the Company the registration data of the User or any private content stored by the User on the DiDi taxi information platform in using online services, except:
7.1.1 with the prior express authorization of the User;
7.1.2 as required by relevant laws and regulations;
7.1.3 as required by relevant competent governmental authorities or judicial bodies;
7.1.4 as is in the public interest;
7.1.5 as required for the purpose of protecting the legitimate rights and interests of the Company.
7.2 The DiDi taxi information platform may cooperate with a third party in providing the User with relevant online services or cooperate with its affiliates in providing services, in which case the Company shall have the right to provide the registration data of the User to a third party who agrees to assume the same obligations as that of the Company to protect the privacy of the User.
7.3 The Company shall have the right to analyze the entire user database and commercially utilize the user database insofar as it is lawful to do so provided that no privacy data of any User shall be disclosed.
7.4 The legal notices and privacy policies published on the DiDi taxi information platform are an integral part of this Agreement, and you agree that such privacy policies may be updated by the Company from time to time and that you accept the updated privacy policies.
8. Disclaimer
8.1 The User expressly agrees to bear all risks associated with, and all consequences arising from, his or her use of the Company’s online services, and that the Company shall not be liable to the User therefor.
8.2 The Company makes no warranty of any kind including, without limitation, with respect to the timeliness, security or accuracy of the online services, and the Company shall in no case be liable for any direct, indirect, incidental, special or consequential damages and risks arising from the use or inability to use the Company’s online services.
8.3 The User agrees that the Company shall not be liable for any quality defects of the following products or services provided by the Company to the User or any losses arising therefrom:
8.3.1 online services provided by the Company to the User free of charge;
8.3.2 any products or services gifted by the Company to the User;
8.3.3 products or services offered by the Company to the User as premiums.
8.4 The User agrees that the functions provided by the DiDi taxi information platform are subject to traffic laws, regulations and administrative rules of the PRC, and that local traffic laws, regulations and administrative rules shall prevail in the event of any conflict with such functions. The User shall be liable for any direct or indirect non-compliance with local traffic laws, regulations and administrative rules through the DiDi taxi information platform. The Company may, if so required, submit to applicable authorities relevant information as evidence.
8.5 The User understands the importance of safe driving, and warrants that he or she shall not use the DiDi taxi information platform in any circumstance where safety hazards may arise. The User agrees that the driver shall be liable for any safety hazards arising from the use of the DiDi taxi information platform and any resultant disputes and traffic accidents, and the Company shall not be required to provide any indemnification. The Company may, if so required, submit to applicable authorities relevant information as evidence.
8.6 The User agrees and understands that the DiDi taxi information platform provides the services set forth herein without any liability for losses arising in connection with the User’s use of the services, for example, any item lost by a passenger in a taxi, any damage to a vehicle caused by a passenger’s actions (such as spilled food or drink or vomits of a passenger), or losses arising from a driver or a passenger miscalculating the required journey time, regardless of whether or not prior notice has been given to the driver, the passenger or the Company. All disputes arising therefrom shall be dealt with by the Users.
8.7 Your personal account with the DiDi taxi information platform will be linked to your third party electronic payment accounts through third party electronic payment service providers (hereinafter referred to as “E-payment Service Providers”). The processing of payments for your use of services is subject to this Agreement and the terms and policies of the E-payment Service Providers and credit/debit card issuing banks. We shall not be liable for any errors made by the E-payment Service Providers or banks. We will obtain the details of the specific transactions relating to your use of the services. We will strictly comply with relevant laws and regulations and the Company’s policies in using such information.
9. Indemnification
9.1 By accepting this Agreement and using the applications and/or services on the DiDi taxi information platform, you agree that you shall indemnify and hold harmless the Company from and against any and all claims, costs, indemnities, losses, debts and expenses, including legal costs and court costs, arising from or in connection with:
9.1.1 your breach or violation of any terms of this Agreement or any applicable laws and regulations, whether referred to herein or not;
9.1.2 your infringement of any rights of any third party, including vehicle rental/driving service providers arranged through the applications or your use or abuse of the applications or services.
9.2 The taxi service agreement entered into by you with a taxi service provider through the DiDi taxi information platform shall be performed, and liabilities in relation thereto shall be borne, by the taxi service provider. Any liabilities arising from your use of taxi service shall be borne by the taxi service provider.
10. Modification
The Company reserves the right to modify any provision hereof at any time. In case of any change to the content hereof, the Company will publish the modification hereto directly on its website, and by doing so, the Company shall be deemed to have notified the User of such modification.
11. Force Majeure
The User agrees that the Company, according to legal provisions, is obligated to the fundamental guarantee, but shall not be able to be responsible for the damages to the Users due to information network infrastructure maintaining, information network device maintaining, connection failure, computer, communication and other system failure, electricity interruption, strike, riot, fire disaster, natural disaster, explosion, war, government act, order from judicial and administrative authorities or matters caused by third parties.
12. Service of Notices
12.1 All notices from the Company to the User hereunder may be given by means of webpage announcement, email, text message or regular mail. Such notices shall be deemed to have been given to the recipients at the date of delivery.
12.2 Notices from the User to the Company shall be given to the postal address, facsimile number or email address formally announced by the Company. Such notices shall be deemed to have been given at the date of receipt by the Company.
13. Governing Law
13.1 The formation, performance and interpretation of this Agreement and the settlement of disputes hereunder shall be governed by the laws of the PRC and shall be subject to the jurisdiction of the courts of the PRC.
13.2 In the event of any dispute between the User and the Company arising from this Agreement or the performance hereof, the Parties shall attempt to resolve such dispute through friendly negotiation; if the negotiation fails, either the User or the Company may bring a lawsuit to the people’s court in the location where the defendant is located.