Terms of Use

1.0 INTRODUCTION

1.1 DriveSmart (“DriveSmart”, “we”, or “us”), provides an online car booking platform that connects vehicle owners with national and international customers seeking to book those vehicles. DriveSmart is an online and paperless service provider, whose servies are available on both website and application form (“Platforms”). By utilising our Platforms, including by communicating with us or other DriveSmart users, you agree to comply with, and be legally bound by, the provisions of these Terms of Service (these “Terms”), whether or not you become a registered user of our Platforms. These Terms govern your access to and use of our Platforms and constitute a binding legal agreement between you and DriveSmart.

1.2 These Terms, together with our Protection Policies, UAE legal adherence and any other relevant DriveSmart policies (together, the “Policies”) constitute the “Agreement” between you and DriveSmart (each a “Party” and together, “the Parties”).

Modification

1.3 DriveSmart reserves the right, at our sole discretion, to modify this Agreement, including these Terms, at any time. If we modify these Terms, we will inform all our current and potential customers through the appropriate channels. If you continue to access or use our Platforms after we have posted a modification or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified terms. If the modified terms are not acceptable to you, your sole recourse is to stop using and accessing our Platforms and cease to utilise your DriveSmart accounts.

2.0 REGISTRATION & VERIFICATION

Registration

2.1 To utilise our Platforms, you must sign up for an account with us (a “DriveSmart Account”). You must provide accurate, current, and complete information during the registration, booking, and/or listing process. You must keep your DriveSmart Account up to date at all times. Based on information you provide, DriveSmart may impose additional requirements for you to book a trip (e.g., providing a deposit, adding a second form of payment, buying a certain level of protection plan, or other requirements). 

Verification

2.2 DriveSmart may rely upon vehicle registration, inspection and other information issued by UAE authorities as part of its eligibility checks. Government registration or inspection does not constitute a representation or guarantee by DriveSmart that a vehicle is mechanically sound, free from defects, suitable for a particular trip or safe to operate at all times. The Car Owner remains solely responsible for the condition, maintenance, safety and roadworthiness of the vehicle.

2.3 When registering a vehicle onto our Platforms, it is the minimum requirement of each vehicle owner to provide all associated Car registration and Car insurance documents and evidence. Failure to do so will result in a failure to accept this vehicle onto the DriveSmart Platforms.

2.4 It is the responsibility of each vehicle owner to keep their vehicle legal documentation up to date and in line with all UAE registration laws and regulations. Failure to do so will result in temporary blocking, and potential permanent removal, of vehicles from DriveSmart platforms, until rectified.

2.5 Car Bookers are required to provide all UAE and internationally required driving licenses and driving permits when registering for a DriveSmart bookers profile. Failure to do so will result in a failed user application.

2.6 Due to certain circumstances, and international requirements, DriveSmart may ask for additional driver verification and validation as needed, on a case-by-case basis.

2.7 DriveSmart may permit or refuse a request to book or list a vehicle in its sole discretion. DriveSmart may, but does not commit to, undertake additional checks beyond those required by law. DriveSmart does not represent, confirm or endorse the continuing safety, roadworthiness, legal status, mechanical condition or suitability of any vehicle. The Car Owner remains solely responsible for ensuring that the vehicle is safe, legally compliant, in good mechanical and electrical condition, free from unresolved safety defects or critical warning indications, and reasonably capable of completing the proposed booking period.

2.8 Specific conditions regarding each vehicle, beyond that required to meet all UAE legal roadworthy requirements, will be captured and agreed between vehicle owner and vehicle booker though the booking process, and utilising our automated handover system.

2.9 It is the sole responsibility of the vehicle owner and the vehicle booker to accurately capture vehicle condition upon booking and return of the vehicle, whilst using DriveSmart platforms. DriveSmart takes no responsibility for this accurate condition capture, beyond providing the tools and processes to support its capture.

2.10 Vehicles with a manufactured year over 10 years prior from the current date will not be valid to be registered on the DriveSmart platform. This is to ensure optimal safety when using DriveSmart platforms.

3.0 FEES

Fees

3.1 The fees we charge for using our Platforms will be clearly defined.

3.2 Car owners can view revenues on their respective Car Owner Hub.

3.3 When you provide DriveSmart a payment method, you authorize DriveSmart, or third-party service providers acting on behalf of DriveSmart, to store your payment credential for future use in the event you owe DriveSmart any money.

3.4 You authorise DriveSmart and its payment service providers to use stored payment credentials for all balances and charges for which you are responsible under these Terms, including roadside assistance, towing, recovery, storage, diagnosis, repair, replacement keys, incorrect fuel, fuel or charging delivery, tyre assistance, fines, cleaning, late return, administration fees and other post-trip or Breakdown-related amounts.3.5 The Car Booker authorises DriveSmart to initiate post-trip charges using the saved payment method without requiring separate approval for each charge, where permitted by the payment provider, card network rules and applicable law.

Collection of fees

3.6 DriveSmart and its platform providers will employ all legal methods available to collect amounts due, including the engagement of collection agencies or legal counsel.

3.7 Any late payments, missed payments, or other defaults on your DriveSmart Account may be reflected in your UAE credit report, in line with UAE law.

Your Commitments

4.1 You agree that you will always use your DriveSmart Account and the Platforms in compliance with these Terms, applicable law, and any other policies and standards provided to you by DriveSmart.

Account Activity

4.2 You are, and will be solely responsible for, all activity that occurs through your DriveSmart Account.

4.3 You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your DriveSmart Account.

4.4 You will immediately notify DriveSmart of any actual or suspected unauthorized use of your DriveSmart Account.

4.5 DriveSmart is not responsible for your failure to comply with this clause, or for any delay in shutting down or protecting your DriveSmart Account unless you have reported unauthorized access to us.

Content

5.1 Subject to your compliance with the provisions of these Terms, DriveSmart grants you a limited, revocable, non-exclusive, non-transferable license, to access and view any DriveSmart and/or user content to which you are permitted access, solely for your personal and non-commercial purposes.

5.2 You have no right to sublicense the license rights granted in this section.

5.3 No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by DriveSmart or its licensors, except for the licenses and rights expressly granted in these Terms.

User Content

5.4 We may, in our sole discretion, permit you to post, upload, publish, submit or transmit content through the Services such as photographs of you and your vehicle(s), reviews, feedback, and descriptions of you, your vehicle, or journey.

5.5 By making available any content on or through our Platforms, or through DriveSmart campaigns, you grant DriveSmart a worldwide, irrevocable, perpetual (or for the term of the protection), non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such content on, though, by means of, or to promote or market our Platforms.

5.6 DriveSmart does not claim any ownership rights in any such content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such content.

Location and Mapping Terms

5.7 Some areas of our Platforms implement third party mapping services. By using our Platforms, you are bound by these third-party terms and conditions, which are clearly shown on our Platforms.

6.0 PROHIBITED ACTIVITIES

6.1 In connection with your utilisation of our Platforms, you agree that you will not, nor advocate, encourage, request, or assist any third party to:

6.1.1 Violate any law, including:

Any local Emirate or UAE national law.

6.1.2 Post false, inaccurate, misleading, defamatory, or libelous content, in line with UAE National law and regulations.

6.1.3 Dilute, tarnish, or otherwise harm the DriveSmart brand in any way, including:

Through unauthorized use of our Platforms and/or user content

Registering and/or using "DriveSmart" or derivative terms in domain names, trade names, trademarks, or otherwise

6.1.4 Provide or submit any false or misleading information, including:

False name, date of birth, driver’s license details, vehicle registration details, vehicle insurance details, payment method or any other personal information

By registering for a DriveSmart Account on behalf of an individual other than yourself.

Impersonating any person or entity, or falsifying or otherwise misrepresenting yourself or your affiliation with any person or entity

6.1.5 Fail to honour your commitments, including:

Failure to pay fees, penalties, or other amounts owed to DriveSmart.

Failure, as either an owner or booker, to timely deliver, make available, or return any vehicle unless you have a valid reason.

6.1.6 Sub-Booking or other business activities

Use DriveSmart Platforms to find an owner or booker and then complete a transaction partially or wholly independent of our Platforms, for any reason including but not limited to circumventing the obligation to pay any fees related to the provision of the Services by DriveSmart.

Contact another DriveSmart user for any purpose other than in relation to a booking, vehicle, listing, or communications relating to DriveSmart.

Commercialize any content found on DriveSmart platforms or software associated with our Platforms.

Harvest or otherwise collect information about users without their and our consent, including but not limited to conducting background checks.

Recruit or otherwise solicit any user to join third-party services or websites that are competitive to DriveSmart, without our prior written approval.

6.1.7 Account Transfer

Transfer your DriveSmart Account and/or user ID to another party without our consent.

6.1.8 Unattended unsecured vehicles

Leave a vehicle unlocked or running with the keys inside.

6.1.9 Conduct abusive or discriminatory behaviour on DriveSmart Platforms

Harass, stalk, or defame any other DriveSmart user or collect or store any personally identifiable information about any other user other than for purposes of transacting as an owner or bookers in accordance with these Terms.

Engage in physically or verbally abusive or threatening conduct.

Use DriveSmart Platforms to distribute, post, or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information, payment method details, or account numbers.

Discrimination of any kind is not tolerated in the DriveSmart community.

6.1.10 Interfere with the operation of the Services, including by:

Interfering with any other user’s listings.

Using the Services in connection with the distribution or posting of unsolicited commercial messages (e.g., spam)

Distributing viruses or any other technologies that may disrupt or interfere with the operation or provision on our Platforms or harm the DriveSmart business.

Systematically retrieving data or other content from our Platforms to create or compile, directly or indirectly, a collection, compilation, database, directory, or the like.

Attempting to probe, scan, or test the vulnerability of any of our system or network or breach any security or authentication measures.

Attempting to decipher, decompile, disassemble, or reverse engineer any of the software used to provide our Platforms.

7.0 VIOLATIONS

7.1 DriveSmart has the right, but not the obligation, to investigate, pursue, and seek to prosecute, litigate, or refer to law enforcement, violations of the Agreement to the fullest extent permissible by the law.

7.2 DriveSmart reserves the right, at any time and without prior notice, in accordance with applicable law, to remove or disable access to any content that DriveSmart, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms, or otherwise harmful to our Platforms or the DriveSmart community.

7.3 DriveSmart reserves the right to refuse or terminate access to our Platforms to anyone for any reason at our discretion to the full extent permitted under applicable law.

8.0 COMMUNICATIONS

8.1 You agree that DriveSmart may contact you by electronic means.

8.2 To contact you more efficiently, you agree that we may at times also contact you by phone calls or text messages at your phone number(s). We will not place such calls for marketing purposes.

8.3 We may share your phone number(s) with service providers with whom we contract to assist us in pursuing these interests. We will not share your phone number(s) with third parties for their own purposes without your consent.

8.4 You authorize DriveSmart and our service providers, without further notice, to monitor or record telephone conversations or web chat interactions you have, or anyone acting on your behalf has, with DriveSmart or its agents for quality control, training, or other purposes.

8.5 You understand and agree that your communications with DriveSmart may be overheard, monitored, or recorded.

9.0 BOOKING TERMS

Booking commitments

9.1 Anyone booking a vehicle through DriveSmart platforms commit to be a legally licensed driver and provide proof when registering on the Drive Smart Platforms. It is the sole responsibility of the Booker to keep their license up to date and within legal requirements.

9.2 All DriveSmart bookers will take all reasonable measures to return the vehicle on time and in the same condition as received.

9.3 No other drivers will be permitted to drive any DriveSmart booked vehicle, unless specifically named during the booking process. Any additional drivers will be expected to provide all associated legal driving license requirements during the booking process.

Financial responsibility for physical damage to the vehicle

9.4 The booker of the vehicle on DriveSmart Platforms is financially responsible for all physical damage to, or theft of, said vehicle that occurs during the utilisation of said vehicle through the DriveSmart Platforms. This includes any additional costs and fees resulting from damage of any kind to the vehicle, when found to be at fault through UAE legal and Police processes.

9.5 All bookers on the DriveSmart Platform are required to take out some form of DriveSmart protection (“Protection Plan”). These are mandatory when booking vehicles through the DriveSmart Platforms.

9.5A Different levels of DriveSmart Protection Plans exist with different levels of financial coverage for the booker.

9.6 Specific details regarding these booking Protection Plans can be found on the DriveSmart Website and Application Platforms.

Use of the vehicle

9.7 Vehicles booked through the DriveSmart Platform may be utilised solely for personal or professional use and not for any commercial purposes (e.g. those that require a commercial driver's license).

9.8 Car bookers may not access a vehicle until the trip start time and they must return the vehicle on time and to the correct location.

9.9 Car bookers must present the host with a current, valid driver’s license as a form of validation against each booking.

9.10 Car Bookers must exercise reasonable care in their use of the vehicle. Reasonable care includes observing warning lights and vehicle messages, monitoring obvious signs of overheating, tyre failure or abnormal operation, and immediately ceasing to operate the vehicle where continued use may be unsafe or may increase damage.

9.11 Car bookers are always required to operate the vehicle safely, and in compliance with all applicable laws, including without limitation, speed limits and prohibitions on impaired or distracted driving. Including all laws applicable to both drivers and passengers.

9.12 Car bookers commit to using vehicle tools and systems (such as navigation, Bluetooth etc) in the manner in which it is intended by the manufacturer. Car bookers commit to not intentionally deleting, modifying, adjusting these vehicle tools and systems unless necessary for vehicle operation.

9.12A The Car Booker must stop the vehicle as soon as it is safe and lawful to do so if a red or critical warning light or vehicle message appears; the vehicle overheats; there is smoke, a burning smell, unusual vibration or a significant abnormal noise; steering or braking is impaired; a tyre suffers a puncture, blowout or material loss of pressure; or any other condition indicates that continued use may be unsafe or may cause further damage.

9.12B The Car Booker must not continue to operate the vehicle following such a warning or condition unless authorised by DriveSmart or its authorised roadside-assistance provider.

9.12C Where a Car Booker continues driving after receiving a vehicle warning, becoming aware of a fault or being instructed to stop, the Car Booker may be responsible for all additional damage, recovery costs, losses and expenses caused or increased by that continued use.

Vehicle inspection on handover and return

9.13 The booker confirms the understanding that they are solely responsible for confirming the condition of the vehicle upon handover from car owner to car booker.

9.14 The booker understands, through utilising the DriveSmart automated handover process, that they are solely responsible for highlighting and noting any differences in the vehicle conditions between recorded on the DriveSmart Platforms and the actual vehicle condition, prior to accepting handover of the vehicle.

9.15 Any claims of conditions differences, after the handover from car owner to car booker, will not be accepted.

9.16 Upon return of the vehicle, the car booker understands they are to confirm the return condition of the vehicle with the car owner.

9.17 If condition of vehicle is agreed to be the same as on handover, then this will be recorded, and any amounts under investigation will be returned to the car booker, in a reasonable time, subject to no other fines being discovered.

9.18 If there is a disagreement between car owner and car booker on the return condition of the vehicle, the car booker will follow the dispute process through the DriveSmart Platforms.

9.19 Any damage to, loss, or theft of, a vehicle occurring prior to the car owner inspecting the vehicle upon return at the end of the reservation, is the car booker’s responsibility.

No responsibility for personal belongings

9.20 Car bookers acknowledge and agree that neither DriveSmart nor car owners are responsible for lost or stolen property left in any vehicle or taken or damaged during a trip.

Incident Reporting

9.21 For any collision, accident, criminal event or other incident requiring notification under UAE law, the Car Booker must follow all applicable UAE legal and reporting requirements, including contacting the appropriate authority where required. A non-accident Mechanical Breakdown does not require a police report unless required by law, directed by an authority, or requested by DriveSmart based on the circumstances.

9.22 Detailed instructions on the process for auto incident reporting in the UAE, can be found on the DriveSmart Platforms.

9.23 In addition to following UAE Traffic laws, upon the occasion of a vehicle incident, the car booker is to report the incident to both the car owner and DriveSmart through the established DriveSmart incident reporting process on DriveSmart platforms.

9.24 Each incident must be reported, through the DriveSmart incident reporting process, within 24 hours of incident occurrence.

9.25 Where an accident or incident results in the vehicle being unsafe, damaged or incapable of lawful continued operation, the vehicle must be attended to or recovered by DriveSmart’s authorised roadside-assistance partner.

9.26 The Car Booker must not use another roadside-assistance, recovery or repair provider without DriveSmart’s prior approval, except where immediate action is reasonably necessary to protect life, prevent injury, prevent material further loss or comply with instructions from UAE authorities.

9.27 Contact with DriveSmart’s roadside-assistance partner may be automated through the DriveSmart reporting process. Car Bookers authorise DriveSmart to share their contact details and vehicle location for this purpose. Car Bookers are not required to travel with a recovered vehicle, and neither DriveSmart nor the roadside-assistance provider guarantees onward transport. The dispatch, coordination or initial payment of roadside assistance does not constitute an admission that DriveSmart is financially responsible for the call-out, recovery, repair or associated loss.

9.28 Where an accident or incident causes a trip to terminate before its scheduled end, DriveSmart will determine any refund for unused booking time after considering when the vehicle became unavailable, responsibility for the event and the applicable Protection Plan. No refund is guaranteed where the event was caused or materially contributed to by the Car Booker’s breach, misuse, negligence or prohibited conduct.

Incident Investigation

9.29 DriveSmart will utilise the UAE’s Traffic Laws and Regulations regarding the investigation of any vehicle incidents.

9.30 Details on the UAE’s Traffic Laws and Regulations, in relation to incident investigations, can be found on DriveSmart’s Platforms.

Incident Resolutions

9.31 In the instance where the UAE authority investigation finds the car booker not to be at fault in any way, this will release the car booker from any further financial obligations and will result in any outstanding monies being returned to the car booker, subject to no other fines being recorded.

9.32 In the instance where the UAE authority investigation finds the car booker to be at part or full fault, financial penalties will be applied by DriveSmart in line with the associated Car Booking Protection Plan opted for by the car booker.

Vehicle Breakdowns and Roadside Assistance

9.32A A “Mechanical Breakdown” means the inability or material impairment of a vehicle to operate safely or normally due to a mechanical, electrical, electronic, tyre, battery, fuel-system, cooling-system, steering, braking, suspension, engine, transmission, key or other operational fault, where the event is not primarily the result of a collision, theft, vandalism or other accident.

9.32B The Car Booker must report a Mechanical Breakdown to DriveSmart immediately through the DriveSmart Platform or published emergency contact channel and must not wait until the end of the trip or rely solely on communication with the Car Owner.

9.32C The Car Booker must provide all reasonably requested information, including the vehicle location, whether the vehicle is in a safe location, warning lights or symptoms, photographs or video where safe to obtain, when the issue began, actions taken before and after it arose, and whether passengers, luggage or personal belongings remain in the vehicle.

9.32D The Car Booker must take reasonable steps to protect themselves, passengers, other road users and the vehicle, including activating hazard lights and complying with instructions from emergency services, police, DriveSmart and the roadside-assistance provider. Nothing in these Terms requires a Car Booker to remain in or beside a vehicle where doing so would expose them to danger.

9.32E All Mechanical Breakdowns must be managed through DriveSmart or its authorised roadside-assistance provider. The provider may attempt a safe roadside repair, arrange towing, recover the vehicle or advise that it may safely continue.

9.32F The Car Booker and Car Owner must not independently authorise towing, dismantling, diagnosis, replacement parts or repair work arising during a DriveSmart Trip without DriveSmart’s prior approval, except where immediate action is required by law or to protect life or safety. DriveSmart is not required to reimburse unauthorised roadside, towing, storage, diagnosis or repair costs.

9.32G DriveSmart may determine the appropriate recovery destination, including a DriveSmart-approved workshop, insurer-approved repairer, manufacturer or dealer facility, secure storage location or another location reasonably selected by DriveSmart.

9.32H DriveSmart may arrange and initially fund roadside assistance or recovery before the cause is known. Such arrangement or payment does not constitute acceptance of liability, and DriveSmart may subsequently charge the responsible party under these Terms.

9.32I DriveSmart may arrange inspection by an approved workshop, roadside provider, insurer, manufacturer or other qualified party to determine the probable cause and extent of the Breakdown.

9.32J In determining responsibility, DriveSmart may consider service and maintenance records, pre-trip and post-trip photographs, diagnostic codes and vehicle data, GPS or telematics information, dashboard evidence, tyre age and condition, roadside and workshop reports, user statements and any other reasonably relevant evidence.

9.32K The Car Owner will ordinarily be responsible where the Breakdown arises from age, deterioration, ordinary wear and tear, a pre-existing defect, inadequate servicing or maintenance, a manufacturer or warranty defect, a defective or deteriorated battery, insufficient or defective vehicle fluids or components, unsafe or poorly maintained tyres, or another condition that existed or was reasonably developing before handover. The Car Owner may be charged for roadside attendance, towing, storage, diagnosis, repair and reasonable administration costs arising from an Owner-responsible Breakdown.

9.32L The Car Booker may be responsible where the Breakdown or resulting damage arises from misuse, negligence or deliberate conduct; continued operation after a warning or instruction to stop; use contrary to manufacturer instructions; incorrect fuel or fluid; running out of fuel or charge; loss or damage of keys or access devices; unauthorised off-road, racing, towing or prohibited use; impact with a kerb, pothole, obstacle or road debris where supported by evidence; an unauthorised driver; or any breach of these Terms that caused or materially contributed to the Breakdown. The Car Booker may be charged for all resulting roadside, towing, storage, diagnostic, repair and associated costs, together with any published reasonable administration charge.

9.32M Mechanical Breakdown and mechanical damage caused by misuse are not automatically subject to the liability limits, deductibles or maximum financial contributions applying to qualifying Physical Damage under a DriveSmart Protection Plan. The applicable Protection Plan will apply only where the event independently satisfies its coverage requirements.

9.32N Where the cause cannot initially be determined, DriveSmart may arrange recovery and diagnosis before allocating responsibility. DriveSmart may temporarily retain, reserve or charge amounts permitted under the Payments and Variable Charges provisions while the matter is investigated.

9.32O DriveSmart may suspend or terminate a trip immediately where a vehicle is unsafe, unreliable, incapable of continued operation or requires inspection.

9.32P Where DriveSmart determines that the Breakdown was not caused or contributed to by the Car Booker, no early-return charge will apply; the Car Booker will receive a reasonable pro-rata refund for unused booking time; the Car Owner will not receive earnings for the refunded portion; and the Car Booker will not be charged the Breakdown recovery or repair costs.

9.32Q Where the Breakdown was caused or materially contributed to by the Car Booker, DriveSmart may decline a refund for unused booking time and may charge the Car Booker for costs arising from the event, subject to applicable law.

9.32R DriveSmart does not guarantee a replacement vehicle. DriveSmart may use reasonable efforts to help the Car Booker identify and book another available vehicle, but availability, location, specification, price and timing are not guaranteed.

9.32S Unless expressly approved by DriveSmart in writing, DriveSmart and the Car Owner are not responsible for taxi fares, replacement transport, hotel accommodation, missed flights, missed appointments, lost income, loss of enjoyment or other indirect or consequential loss arising from a Mechanical Breakdown, except to the extent liability cannot lawfully be excluded.

9.32T The Car Booker is responsible for removing personal belongings where safe and reasonably possible. DriveSmart and its roadside, recovery and workshop partners are not responsible for loss of or damage to belongings left in the vehicle, except to the extent liability cannot lawfully be excluded.

9.32U The Car Owner and Car Booker must cooperate with DriveSmart, the roadside provider, insurer, workshop and relevant authorities. Failure to provide information, access, keys, documentation or reasonable cooperation may result in charges, account suspension, loss of refund entitlement or invalidation of an applicable Protection Plan.

9.32V DriveSmart may immediately suspend the vehicle from future bookings following a Mechanical Breakdown. The vehicle may remain suspended until DriveSmart receives satisfactory evidence of diagnosis, repair, servicing, inspection and roadworthiness.

9.32W Repeated Breakdowns, recurring warning indications, inadequate maintenance records or repeated roadside call-outs may result in temporary or permanent removal of the vehicle and review or suspension of the Car Owner’s account.

Criminal Incidents

9.33 In the instance where the UAE authority investigations finds there to be any criminal repercussions, beyond purely financial damage, DriveSmart holds no obligations, representations or liabilities regarding this matter, and this will be a direct issue to be addressed between car booker and the UAE authorities.

Vehicle theft

9.34 The following conduct may result in the reporting of the vehicle as stolen to law enforcement, possibly subjecting the car booker to arrest, and civil and/or criminal penalties, and the voiding of the associated protection plan:

• If the car booker fails to return the vehicle booked at the time and place agreed upon with the host and/or designated in the reservation.
• If the vehicle is not returned by the end of the reservation period or without properly obtaining an extension through DriveSmart Platforms.
• If the vehicle is returned to any place other than the return location on the reservation or agreed upon with the car owner.
• If the vehicle’s interior components, or the vehicle itself is stolen or damaged.
• If the car booker fails or refuses to communicate in good faith with the owner, police, DriveSmart, or other authorities, with a full report of any accident or vandalism involving the vehicle or otherwise fails to cooperate in the investigation of any accident or vandalism.
• If the vehicle is operated by anyone who has given a fictitious name, false address, or a false or invalid driver’s license, whose driver’s license becomes invalid during the reservation period, or has obtained access to the vehicle without permission of the car owner and DriveSmart.

Repossession

9.35 DriveSmart, a hired agent of DriveSmart, or the car owner may repossess any vehicle booked through the DriveSmart Platforms if the vehicle is not returned by the end of the reservation, is found illegally parked, apparently abandoned, or used in violation of applicable law or these Terms.

Missing Vehicles

9.37 If a vehicle booked through the DriveSmart Platforms goes missing and/or is stolen during the reservation period (or extension period), car bookers must immediately return the original ignition key to the car owner, file a police report immediately after discovering the vehicle is missing or stolen, but in no event more than 3 hours after discovering it has gone missing, and cooperate fully with the car owner, law enforcement and DriveSmart.

9.38 The process for how to report missing vehicles in the UAE can be found on the DriveSmart Platforms.

10.0 OWNERSHIP TERMS

Owner commitments

Owner commitments

10.1 Car Owners must provide a safe, clean, legally registered, comprehensively insured and roadworthy vehicle that is in good mechanical and electrical condition and reasonably capable of completing the booked trip without foreseeable mechanical interruption.

10.2 Car owners will provide such vehicle on time but only to a car booker who is listed on the DriveSmart Platform as the Approved Booker for the trip.

10.3. Car owners accept sole responsibility for validating car bookers identification through the showing of the car bookers driving license upon handover of the vehicle.

10.4 Other than what is required to verify a guest’s driver’s license, car owners will not collect any information or documentation from car bookers at handover.

10.5 Car owners agree not to use any car bookers information made available to them through using the DriveSmart Platforms to collect additional personal data about car bookers.

10.6 Car Owners commit that listings will be complete and accurate and will honour all representations made in such listings, including honouring the price quoted to a car booker.

10.7 Car Owners commit to not cancelling a booking for the purpose of seeking a higher price from a car booker.

10.8 Car owners commit to not offer any vehicle that they do not own or have authority to share or that may not be shared for compensation pursuant to the terms and conditions of any agreement with a third party, including, but not limited to, a lease or financing agreement.

10.9 Car owners will not offer a vehicle that is not roadworthy in the location where it is shared, and it will not have any illegal modifications to any part of the vehicle.

10.10 Car owners will remove any personal loose items from vehicles prior to providing it to a car booker. Any personal items left in the vehicle, that may not still be in the vehicle upon its return, will not be accepted as damage nor be subject to any financial compensation from the car booker.

10.11 Car owners accept that car bookers will utilise the vehicle tools and systems (including navigation, Bluetooth etc.) as needed to operate the vehicle.

10.12 Car owners commit to providing accurate descriptions, images and details of their vehicles on the DriveSmart Platforms. This includes regular updating of vehicle images to keep actual condition as accurate as is reasonably possible.

10.13 Car Owners commit to accepting or rejecting a booking request within 12 hours. If no response is provided by the Car Owner within 12 hours, the booking request will be automatically cancelled by DriveSmart.

Vehicle Availability

10.14 Once a booking is accepted, car owners must make the vehicle available or deliver the vehicle as expected by the car booker.

10.15 If the car owner provides the car booker the option to pick up the vehicle at a persistent specified location, you must supply the location of the vehicle accurately to DriveSmart and ensure that the vehicle is available at that location at the beginning of the reservation period.

10.16 Once collection date and time have been agreed with car booker, the car owner commits to being available and have access to the vehicle at this agreed time.

10.17 Car Owners commit to the personal time and DriveSmart Platform access needed to complete the DriveSmart handover and returns process on vehicle pick up and return.

Vehicle Pricing

10.18 Each car owner has the ability and authority to set vehicle pricing at whichever rate they deem acceptable.

10.19 DriveSmart will provide pricing guidance for all car owners, which will be developed based on vehicle condition, age, make, model and any other pertinent factors. These are guiding pricing principles and DriveSmart takes no obligation to ensuring and/or guaranteeing car bookings for any car owner, at any price point.

Maintenance and vehicle condition

10.19A Car Owners must maintain each vehicle in accordance with the manufacturer’s requirements, applicable mileage and time intervals, UAE legal requirements and any additional reasonable standards published by DriveSmart. In all cases, the vehicle must be inspected and serviced sufficiently frequently to remain safe and mechanically reliable. DriveSmart may require maintenance evidence at onboarding, periodically, following a Breakdown or before permitting the vehicle to return to the Platform.

10.20 All car owners commit that the vehicle will be in safe and roadworthy condition, in good mechanical condition, and in full compliance with all applicable inspection and registration requirements, including any required safety inspections.

10.20A Before every handover, the Car Owner confirms, to the best of their knowledge, that no critical warning light or unresolved warning message is present; the vehicle has no known defect affecting safety or reliability; tyres, battery, fluids, brakes and essential systems are serviceable; and no manufacturer recall, repair recommendation or workshop instruction makes the vehicle unsuitable for the trip.

10.20B Car Owners must disclose to DriveSmart any known intermittent fault, warning light, unusual fluid consumption, starting problem, overheating issue, tyre concern, battery issue or other defect that could affect a trip. Failure to disclose such information may make the Car Owner responsible for associated costs and may invalidate the Owner Protection Plan.

10.20C Car Owners must provide and keep current details of any insurer roadside assistance, manufacturer warranty, dealer service package or other recovery entitlement relating to the vehicle. DriveSmart may use such services where appropriate.

10.20D The Car Owner authorises DriveSmart to arrange reasonable roadside attendance, towing and initial diagnosis without further consent where necessary to protect safety, avoid storage or delay costs, or determine the cause of a Breakdown. Repairs beyond initial diagnosis require Owner approval unless urgent work is reasonably necessary to prevent further material loss or is within a previously agreed authorisation limit.

10.21 All car owners commit to keeping accurate and updated vehicle service history within the vehicle whilst being utilised through DriveSmart platforms. With copies kept outside of the vehicle as backups.

10.22 If car owners cannot provide acceptable evidence of vehicle registration, safety, inspection and/or condition, DriveSmart reserves the right to temporarily, and/or permanently remove the vehicle from the DriveSmart Platforms.

Vehicle Repairs

10.23 Car owners have the right to conduct vehicle repairs with any approved auto workshops in the UAE, when not utilising the vehicle through DriveSmart.

10.24 DriveSmart has agreements with preferred and recommended auto workshops within the UAE, details of which can be found on the DriveSmart Platforms.

10.25 When damages occur to the vehicle during DriveSmart booked journeys, and when the car owner has opted for a DriveSmart Protection Plan, any necessary, and valid repair works will be conducted by DriveSmart in the DriveSmart approved auto workshop partners.

10.26 Car owners accept, in the above instances, that personal details including emails and phone numbers, will be shared to DriveSmart auto workshop partners for the purposes of contact regarding repair works and car returns post repair completion.

10.27 Car owners accept that normal wear and tear occurring to the vehicle during DriveSmart facilitated usage, will not be considered as vehicle damage.

Vehicle inspection on handover and return

10.28 The car owner confirms the understanding that they are solely responsible for confirming the condition of the vehicle upon handover to car booker.

10.29 Upon return of the vehicle, the car owner understands they are to confirm the return condition of the vehicle with the car booker.

10.30 If there is a disagreement between car owner and car booker on the return condition of the vehicle, then car owner will follow the dispute process through the DriveSmart Platforms.

Drive Smart Financial Reimbursements

10.31 In the occurrence where DriveSmart chooses to provide a cash value for your vehicle, in line with the associated DriveSmart Protection Plan, car owners will be required to allow DriveSmart to physically collect the vehicle and to support DriveSmart in the process of vehicle transfer, in line with the associated UAE vehicle ownership transfer regulations.

10.32 The specific process and associated agreements for the above, is detailed in the DriveSmart Car Owner Protection Plans.

10.33 If car owners violate the Agreement, these Terms, or any of DriveSmart’s Policies, or if car owners submit inaccurate information about vehicles when listing it on DriveSmart Platforms, any Protection Plan selected will be voided. Protection Plans will be voided under this provision even if the underlying circumstances are not directly related to the damage or harm at issue. Car owners acknowledge that these provisions are material and that they serve to ensure your compliance.

10.34 In the event any Protection Plan is voided, the remainder of the Agreement, these Terms, and Policies remain in effect.

10.35 All car owners commit to the understanding that all vehicles utilising DriveSmart Platforms must have fully comprehensive insurance in line with UAE auto insurance laws and regulations. Third Party, or any other form of insurance that is not fully comprehensive, will result in the vehicle not being accepted on the DriveSmart Platforms.

10.36 Car owners commit to accepting sole responsibility to maintaining the appropriate insurance levels for their vehicles, at all times. DriveSmart reserves the right to temporarily block, and/or permanently remove vehicles from DriveSmart Platforms that do not meet this obligation.

Installation of DriveSmart GPS Tracker

10.37 To utilise the DriveSmart platforms, all Car Owners agree to the installation of a GPS tracker in their vehicle. This tracker is required to adhere to UAE laws and regulations and to encourage the safe and accurate use of vehicles on the DriveSmart platform.

10.38 These GPS Trackers also provide security and protection to each of DriveSmart’s Car Owners, as they allow the tracking of vehicles during DriveSmart use to ensure adherence to DriveSmart Terms of Use, including safe driving, acceptable driving locations and potential illegal activity.

10.39 DriveSmart has selected a GPS Tracking Partner that is fully licensed by the Dubai Road and Transport Authority (RTA).

10.40 This Tracking Partner will install the DriveSmart GPS Trackers in each Car Owner’s vehicle and will demonstrate how to download the associated application on each Car Owner’s mobile devices.

10.41 Each DriveSmart Car Owner will have access to this application to be able to track and monitor their vehicle’s location at all times.

10.42 The DriveSmart GPS Trackers have been specifically chosen as they are able to be disabled when the vehicle is not in use during DriveSmart trips. Each Car Owner will have the ability to disable such GPS Tracker when utilising any vehicle for personal use.

10.43 All Car Owners agree, upon registering each vehicle on the DriveSmart platforms, to allow the DriveSmart’s GPS Tracking partner to access the vehicle for installation in a timely manner.

10.44 Refusal to allow such access, in a timely manner, will result in each vehicle being rejected from utilising the DriveSmart platforms.

10.45 Any instances of GPS Tracker fault are to be reported to the DriveSmart team, through the DriveSmart platforms, for action and rectification, including potential replacement.

10.46 DriveSmart GPS Trackers, and their associated application, are not to be used for continuous daily tracking and harassing of DriveSmart Car Bookers. Any deemed instances of this that are made aware to the DriveSmart team, may result in a temporary and/or permanent blocking of that Car Owner from utilising the DriveSmart platform.

11.0 DISPUTE RESOLUTION

11.1 It is understood by both car owners and car bookers that DriveSmart holds no obligation to legally resolve any disputes between car owners and car bookers when utilising DriveSmart’s Platforms.

11.2 Both car owners and car bookers commit to the intention to solve any disputes amicably and to make every effort to resolve any disputes before becoming legal disputes.

11.3 DriveSmart commits to providing the Platform and processes to manage, and support the resolution of, any disputes between car owner and car booker, prior to them progressing to a legal dispute.

11.4 Any disputes that progress to a legal dispute are to be progressed directly by car owner and car bookers with the associated UAE laws and regulations.

11.5 DriveSmart will not hold any legal obligation to submit, manage, process, govern, represent, attend and/or provide input into any legal proceedings between car owners and car bookers that have utilised the DriveSmart platform.

11.6 Where reasonable, achievable, available, and at no extra cost to DriveSmart, DriveSmart may provide inputs, documents, data and other information to support in legal proceedings for both car owners and car bookers.

Dispute Reporting Process

11.7 For any dispute, car owners and car bookers commit to using the DriveSmart Dispute Reporting Process available on the DriveSmart Platforms.

11.8 Both car owners and car bookers commit to make all efforts to resolve any identified disputes prior to raising them as official disputes, reported through the DriveSmart Platforms.

11.9 DriveSmart commits to responding to any reported disputes within 7 days of being reported officially through the DriveSmart Dispute Reporting Process.

Vehicle Accuracy Disputes prior to handover

11.10 In the occurrence where a car booker deems that the vehicle booked has not been accurately captured and/or described on the DriveSmart Platforms, the car booker is to report this through the DriveSmart Dispute Reporting Process with clear evidence and description of any perceived accuracy concerns.

11.11 In this instance, the car booker commits to not accept physical handover of the vehicle, unless the car booker is willing to accept this accuracy difference, and therefore not raise a dispute.

11.12 Any vehicle accuracy disputes raised, with the car booker still accepting physical handover of the vehicle, will be rejected by DriveSmart.

11.13 DriveSmart will conduct a physical inspection of any vehicle where an accuracy dispute has been raised and will be the deciding party on the accuracy and validity of this dispute.

11.14 In the instance where the DriveSmart investigation agrees with the car booker on the accuracy dispute, any monies will be returned to the car booker and the car owner’s vehicle will be temporarily blocked on DriveSmart Platforms until such accuracy differential is resolved.

11.15 In the instance where DriveSmart investigation disagrees with the car booker on the accuracy dispute, any monies will be returned to both parties and the issue closed.

11.16 Repeated instances of vehicle accuracy disputes raised by car bookers, that repeatedly result in disagreement by DriveSmart investigation, may result in temporary and/or permanent blocking of the car booker from DriveSmart Platforms, which will be implemented at DriveSmart’s sole discretion.

11.17 Both car owners and car bookers, by utilising DriveSmart’s Platforms, accept the results of DriveSmart’s investigations for each dispute raised.

Vehicle Condition disputes during use

11.18 In the occurrence where vehicle condition shortfalls have been discovered during use by the car booker, both parties commit to the intention to resolve amicably prior to raising a dispute.

11.19 Early returns of vehicles, before the agreed and contracted dates, will result in early return fees as per the Booking Change Policy in this document.

11.20 In the occurrence where the car booker needs to return the vehicle early due to the condition of the car, either through performance or unsafe features, the car booker and car owner are to make every attempt to resolve amicably before raising a dispute.

11.21 Where an amicable resolution is not achievable, the car booker is to return the vehicle early and raise a dispute through the DriveSmart Platforms.

11.22 In the instance where the DriveSmart investigation agrees with the car booker on the vehicle condition dispute, any early returns charges will be returned to the car booker and the car owner’s vehicle will be temporarily blocked on DriveSmart Platforms until such condition differential is resolved.

11.23 In the instance where DriveSmart investigation disagrees with the car booker on the condition dispute, any early returns charges will not be returned.

Breakdown Responsibility Disputes

11.23A Any dispute regarding the cause of a Breakdown or responsibility for roadside, repair or associated charges must be raised through the DriveSmart Dispute Reporting Process within seven days after DriveSmart communicates its initial determination.

11.23B DriveSmart may rely on an approved or independent workshop assessment and may obtain a second technical opinion where reasonably necessary.

11.23C The cost of an additional inspection may be allocated to the party whose position is not supported by the technical findings, provided the potential cost is disclosed before the inspection is commissioned.

11.23D Nothing in this section limits any right or remedy that cannot lawfully be excluded under applicable UAE law.

Booker accuracy disputes

11.24 In the occurrence where car owners do not feel able to validate the car booker’s identification against the car booking, the car owner is to raise a dispute through the DriveSmart Platforms.

11.25 In this instance, the car owner commits to not conducting physical handover of the vehicle.

11.26 Any booker accuracy disputes raised, with the car owner still conducting physical handover of the vehicle, will be rejected by DriveSmart.

11.27 DriveSmart will conduct a document validation and inspection of any car booker where a booking dispute has been raised and will be deciding party on the accuracy and validity of this dispute.

11.28 In the instance where the DriveSmart investigation agrees with the car owner on the booker dispute, any monies will be returned to the car owner, and the car booker will be temporarily blocked on DriveSmart Platforms until such booker differential is resolved.

11.29 In the instance where DriveSmart investigation disagrees with the car owner on the booker dispute, any monies will be returned to both parties and the issue closed.

11.30 Repeated instances of booker disputes raised by car owners, that repeatedly result in disagreement by DriveSmart investigation, may result in temporary and/or permanent blocking of the car owner from DriveSmart Platforms, which will be implemented at DriveSmart’s sole discretion.

Vehicle Returns disputes

11.31 Both car owners and car bookers commit to a reasonable and realistic approach regarding car returns condition upon completion of a car booking.

11.32 It is understood and accepted by both car owners and car bookers that general wear and tear will not be considered as damage to a vehicle.

11.33 Car bookers commit to accepting an accurate reflection of the vehicle condition upon return and will commit to making all attempts to return the vehicle in the same condition as booked, including internal cleanliness, external cleanliness and fuel levels.

11.34 If there is a disagreement on vehicle condition upon return between car owner and car booker, either party is to submit a dispute report through the DriveSmart Platform.

11.35 In the instance where the DriveSmart investigation agrees with the car owner on the condition dispute, any appropriate monies will be deducted from the car booker, and any damages will be resolved between car owner and DriveSmart, in alignment with associated DriveSmart Protection Plans.

11.36 In the instance where DriveSmart investigation agrees with the car booker on the condition dispute, all monies will be returned to car booker and the issue closed.

11.37 Repeated instances of either car owner or car booker raising vehicle condition return disputes, that repeatedly result in disagreement by DriveSmart investigation, may result in temporary and/or permanent blocking of the car owner or car booker from DriveSmart Platforms, which will be implemented at DriveSmart’s sole discretion.12.0 GENERAL PROVISIONS

Termination

Termination

12.1 DriveSmart users may discontinue their use of DriveSmart Platforms at any time and DriveSmart may terminate your access to DriveSmart Platforms and remove any listings for any reason to the extent permissible under applicable law.

12.2 Termination of access to DriveSmart Platforms will not release a Party from any obligations it incurred prior to the termination and DriveSmart may retain and continue to use any information, including but not limited to photography, previously provided by you.

12.3 Termination of the Agreement will not have any effect on the disclaimers, waiver or liability limitations, and/or any fees due, and all those terms will survive any termination of the Agreement.

No vehicle transfer or assignment

12.4 Both car owners and DriveSmart agree that nothing in these Terms constitutes an actual or purported transfer or assignment of any right or interest in a vehicle.

Disclaimers

12.5 DriveSmart provides Platforms that enable the booking of vehicles between car owners and those seeking to book cars. DriveSmart is in no way a vehicle renting or vehicle sharing providing and DriveSmart takes no responsibility for any of the acts and uses of any vehicle booked utilising DriveSmart’s Platforms.

12.6 DriveSmart is not an auto insurance provider. DriveSmart’s provided Protection Plans are contractual agreements with car owners and car bookers to provide financial support in any vehicle damage occurred when utilising vehicles booked through DriveSmart Platforms. This financial support level being conditional upon the Protection Plan opted for by both car owner and car booker.

12.7 DriveSmart takes no legal responsibility for any vehicle’s safety, fit for purpose or road suitability. This responsibility relies with the car owner.

12.8 Any advice provided by DriveSmart, whether through process, price guidance or any other form, will not create any warranty of any sort.

12.9 Except where prohibited by law, all DriveSmart users waive and discharge all rights to sue or make claims against DriveSmart, and any of DriveSmart’s Partners, Subsidiaries, Directors, Officers or Employees for any damages or losses, whether due to negligence or otherwise, arising out of, or in connection with;

• The availability of a vehicle
• Any performance problems of a vehicle
• The legal status of a car owner or car booker
• Any action of a car owner or car booker
• Any outputs and findings decided on by DriveSmart as part of the DriveSmart Dispute Investigation Process
• Any performance of the DriveSmart Platforms

12.10 Except where prohibited by law, all DriveSmart users waive and discharge all rights to sue or make claims against any other DriveSmart user for any damages or losses arising out of, or in connection with, the use of DriveSmart Platforms.

Liquidated damages

12.11 Where a user commits a serious breach described in this clause and DriveSmart suffers loss that is difficult to quantify, DriveSmart may seek compensation up to AED 25,000 per breach or such other amount as a competent court determines to be a reasonable estimate of the loss, together with any separately recoverable direct loss, subject always to applicable UAE law. This provision is intended to protect legitimate business interests and not to impose a penalty.

Rounding off currency

12.12 DriveSmart may, in its sole discretion, round up or down amounts that are payable from or to car owners or car bookers to the nearest whole functional base unit in which the currency is denominated (e.g. to the nearest Dirham, or other supported currency) unless explicitly prohibited under applicable law.

General

12.13 Users of DriveSmart are in no way considered as employees or any form of partner. Users are not authorized to make any commitments on behalf of DriveSmart and DriveSmart will not make commitments on any user’s behalf, except those expressly stated in these Terms.

Exclusions and Limitations

12.14 To the fullest extent permitted by applicable law, DriveSmart shall not be liable for indirect, incidental, special, exemplary, punitive or consequential damages, including lost profits, lost data, loss of use, missed travel, missed appointments, personal injury or property damage related to, in connection with, or otherwise resulting from use of the DriveSmart Services or Platforms.

12.14A DriveSmart arranges roadside, recovery, inspection and workshop services through independent third-party providers. To the fullest extent permitted by applicable law, DriveSmart does not warrant their availability, response time, workmanship, advice or performance and is not liable for delay, loss or damage caused by them.

12.15 Through utilising the DriveSmart Platform, you agree to not hold DriveSmart, any DriveSmart partner companies, nor any DriveSmart Car Booker, liable for any damage, loss, and injury to your Car, persons, or property where the relevant authorities decided that the DriveSmart Car Booker was not at fault.

13.0 CANCELLATION POLICY

13.1 If either Car Owner or Car Booker wants to cancel a booked trip, they are to utilise the DriveSmart Platform, as soon as possible, and follow the DriveSmart booking cancellation process.

13.2 Any cancellations are effective immediately.

13.3 Free Cancellation Period – 72 hours before trip start:

13.3.1 Free cancellation applies when bookings are cancelled 72 hours before booking commencement.

13.3.2 Car Booker will receive a full refund.

13.4 Partial Refund Cancellation Period – between 48 and72 hours before trip start:

Cancellation by Car Booker:

13.4.1 Car Booker will receive a 50% refund on the total trip amount.

13.4.2 Car Owner will 50% of the trip revenue minus DriveSmart’s retained amounts, subject to the Protection Plan selected.

Cancellation by Car Owner:

13.4.3 Car Booker will receive a 100% refund on the total trip amount.

13.4.4 Car Owner will be issued with a cancellation charge of 25% of the total trip amount. This amount will be added on to the next trip booked on any of that owner’s vehicles on DriveSmart.

13.5 No Refund Cancellation Period – under 48 hours before trip start:

Cancellation by Car Booker:

13.5.1 Car Booker will receive a 0% refund on the total trip amount.

13.5.2 Car Owner will 100% of the trip revenue minus DriveSmart’s retained amounts, subject to the Protection Plan selected.

Cancellation by Car Owner:

13.5.3 Car Booker will receive a 100% refund on the total trip amount.

13.5.4 Car Owner will be issued with a cancellation charge of 50% of the total trip amount. This amount will be added on to the next trip booked on any of that owner’s vehicles on DriveSmart.

13.5.5 Car Booker will receive a credit in their account of 10% of the trip amount to be utilised on future DriveSmart bookings.

13.6 Car bookers may cancel free of charge and receive a full refund if, upon inspecting the vehicle at trip start, they have concerns that the vehicle is considered unsafe for driving or inaccurate in its descriptions. Such cancellations must follow the DriveSmart dispute process.

13.7 If either user does not make themselves available to either collect the vehicle or disperse the vehicle within a window of 45 minutes from the scheduled booking commencement, the booking will be cancelled by the present party, and the offending party will receive no refund. Both car owners and car bookers commit to all reasonable endeavours to show up on time for car bookings and commit to all reasonable communications for any unforeseen delays.

14.0 PRIVACY POLICY

14.1 To register for a DriveSmart account and avail DriveSmart Platforms, you accept to provide DriveSmart with personal information to open your account, such as your name, email address, and password.

14.2 Car owners accept providing DriveSmart with accurate information on location, phone numbers, vehicle registration details, vehicle insurance details, photos of vehicle, as well as other information as needed.

14.3 Car bookers accepting providing DriveSmart with accurate information on phone numbers, driver’s license details, as well as other information as needed.

14.4 DriveSmart commits to holding this data in protection and not to share any such data and/or information with any direct or indirect person, organisation or group, outside of what is required to avail DriveSmart’s Platforms and Services.

14.5 All users of DriveSmart accept that DriveSmart will collect and store digital payment details, bank account details, payment card numbers and/or transaction information as needed in connection with the delivery of DriveSmart’s Platform services.

14.6 In some instances, and with your prior consent, DriveSmart or its third-party partners, may collect biometric information such as facial recognition data derived from photos and identification documents that users submit for verification.

14.7 All users of DriveSmart accept that DriveSmart will store all communications performed on DriveSmart Platforms for recording purposes and to support any dispute processes.

14.8 All users of DriveSmart accept that DriveSmart will store information regarding your devices that you use to access DriveSmart Platforms, including computer and mobile devices, for the purposes of IP address validation, stored log in and other access requirements.

14.9 When accessing the DriveSmart Platforms, all users accept that certain data files may be placed on user devices including cookies and other forms of data.

14.10 DriveSmart will only utilise user data for record, supporting disputes, creating user profiles, recording transaction history, and for DriveSmart training and DriveSmart performance assessment.

14.11 All users accept, that in the instance of any perceived criminal activity, DriveSmart will be authorised to share all/any user data to the UAE authorities, in line with UAE law and regulations.

14.12 DriveSmart may disclose user personal information to DriveSmart professional advisors, as needed, for the purpose of any investigations. Any such professional advisors will be subject to the same privacy policies as DriveSmart, and as detailed in these Terms.

14.13 All DriveSmart users commit to holding all data and information on fellow car owners and car bookers as confidential and only to be used when utilising the DriveSmart Platform and services. Any occurrences of data being used in any other manner will result in immediate removal of the user(s) from DriveSmart Platforms.

14.14 DriveSmart commits to employing leading security solutions for data protection which will be continuously updated, validated and verified. However, no methods for data protection are 100% secure and DriveSmart cannot guarantee, and cannot be held liable, for the security of your personal information.

14.15 In any occurrence of a breach, or a potential breach, of data security, DriveSmart will immediately contact all effected users to communicate this breach, or suspected breach. In such occurrence, DriveSmart commits to regular communication updates and rectification works with all effected users.

15.0 NON-DISCRIMINATION POLICY

15.1 DriveSmart has a zero-tolerance policy on discrimination and all users of DriveSmart Platforms commit to all aspects of DriveSmart’s non-discrimination policies.

15.2 Any users found to be in breach of any of DriveSmart’s non-discrimination policies will be immediately temporarily blocked from using DriveSmart Platforms, which may result in permanent cancellation of their accounts after investigation.

15.3 Any users found to be conducting any suspected criminal discrimination or discriminatory activities may be reported to the respective UAE authorities. All users accept DriveSmart has all rights to submit such suspected activities to UAE authorities at any time, and at DriveSmart’s sole discretion.

15.4 DriveSmart will not tolerate any statements or actions by any user that discriminate against any other user’s race, colour, ethnicity, religion, age, national origin, disability, residence or geographic location.

15.5 All users commit to not cancelling or declining any booking request based on any of the above factors.

15.6 If any user feels discriminated against whilst utilising DriveSmart Platforms, they are encouraged to contact DriveSmart. DriveSmart commits to full, thorough and fair investigations for any potential discrimination.

16.0 PAYMENTS & PAYMENT PROCESSING

16.1 All DriveSmart users accept that the use of DriveSmart Platforms will result in charges.

16.2 Car owners accept that payments due to DriveSmart will be deducted from the revenues due to be made from each booking. The exact amounts will be in line with the respective car owner Protection Plan, which are further detailed in the DriveSmart Protection Plan Policies.

16.3 Car bookers accept that payments due to DriveSmart will be added on top of the car booking charges and will be taken at the commencement of the car booking. The exact amounts will be in line with the respective car booking Protection Plan, which are further detailed in the DriveSmart Protection Policies.

16.4 DriveSmart operates a zero-deposit model unless a specific booking or risk assessment expressly states otherwise. Car Bookers authorise DriveSmart and its payment providers to store payment credentials and make post-trip charges for amounts validly due under these Terms, including fuel, tolls, parking and traffic fines, cleaning, late return, damage, deductibles, roadside assistance, Breakdown-related costs, recovery, diagnosis, repairs and approved dispute outcomes.

16.5 DriveSmart may submit post-trip charges when sufficient supporting information becomes available. Where a charge is disputed or its cause is still being investigated, DriveSmart may delay the charge, place a permitted payment reserve or seek additional payment authorisation in accordance with applicable law and payment-provider rules.

16.6 In the instance where any vehicle fines have been recorded during a DriveSmart car booking, the car owner is to record these through the DriveSmart Platforms. DriveSmart will confirm the validity of these fines against the car booking, deduct the respective amount from the car booker, and issue additional monies to the car owner.

16.7 Payments for DriveSmart services can be made by credit card, Apple Pay or Google Pay. Any card details provided will also be shared with DriveSmart’s payment provider via secure connection.

16.8 All users are responsible to provide complete and accurate billing and payment card information to DriveSmart and commit to keeping DriveSmart aware of any changes and updates to chosen payment methods.

16.9 Car Owners accept that DriveSmart will start the release of payments due from DriveSmart trips, after 48 hours of successful vehicle handover and trip commencement.

16.10 Car Owners accept that DriveSmart will release payments due from DriveSmart trips, to the Car Owner, on a weekly regularity for the duration of the DriveSmart trip.

17.0 BOOKING CHANGE POLICY

17.1 All users accept that any changes to DriveSmart bookings must be communicated and arranged through the DriveSmart Platforms. Any attempts to arrange booking modifications outside of the DriveSmart Platforms may result in users being blocked from DriveSmart Platforms.

17.2 Car owners are not authorised to reduce or extend the period of a live vehicle booking.

Early Returns

17.3 If a car booker wishes to return a vehicle earlier than the agreed scheduled date and time, this request is to be instigated through the DriveSmart communication Platforms.

17.4 For any early vehicle returns, specific handover time and date is to be agreed between car owners and car bookers, and both commit to make every reasonable attempt to make an acceptable handover between both parties.

17.5 Except where an early return results from an Owner-responsible Mechanical Breakdown, an accepted vehicle-condition dispute or another circumstance expressly approved by DriveSmart, an early return within 48 hours before the scheduled end will not result in a refund.

17.6 Except where different treatment applies under the Breakdown, Incident or Dispute provisions, an early return more than 48 hours before the scheduled end will result in a refund for unused full booking days, less any applicable charges.

17.7 Any early vehicle returns are to follow the same returns inspection process as standard vehicle returns.

Booking Extensions

17.8 If a car booker wishes to extend the booking period longer than the agreed scheduled date and time, this request is to be instigated through the DriveSmart communication Platforms.

17.9 For any booking extensions, new handover time and date is to be agreed between car owners and car bookers and processed through the dedicated DriveSmart Platform process.

17.10 For booking extensions, the original vehicle inspection and condition on handover will apply to the extended booking.

17.11 Car owners have the right to accept or refuse any vehicle booking request, for any reason. If a car owner rejects a booking extension request, the car booker is to return the vehicle as per originally agreed scheduled date and time.

17.12 There is no limit to the amount or number of booking extensions for a vehicle. Each request for booking extensions is to be reviewed by the car owner in each instance.

Returns for vehicle inspections and insurances

17.13 In line with UAE laws and regulations, all vehicles on DriveSmart Platforms must ensure they always adhere to be legally registered and insured vehicles. This will require vehicle inspection and registration performed on an annual basis.

17.14 It is the obligation of each car owner, to ensure that their vehicle(s) registration dates are considered when submitting their vehicle availability on the DriveSmart Platforms.

17.15 In the instance where a booking extension request passes over the dates needed for vehicle registration, this should be highlighted by the car owner and the registration day removed from the booking charges. Car owner and car booker should liaise directly to arrange for handover and returns of the vehicle for this registration process to be conducted.

18.0 VARIABLE CHARGES

118.1 There are several variable charges that may be charged to car bookers, on top of the standard charges made by DriveSmart.

18.2 These are charges that can be incurred by the car booker at the time of making the vehicle booking.

Fuel charges

18.3 As part of the standard DriveSmart conditions, the fuel level of a vehicle is recorded at handover. Car bookers are to return the vehicle, at the completion of the booking, with fuel at the same or greater level than at handover.

18.4 If the Car Booker returns the vehicle with less fuel than recorded at handover, DriveSmart may charge the fuel differential to the Car Booker’s stored payment method in accordance with the post-trip charge authority in these Terms.

18.5 If such an instance occurs, then this is to be recorded through the vehicle returns process on the DriveSmart Platforms.

18.6 DriveSmart will reimburse the car owner with any fuel differential levels at the current price point of fuel in the UAE, at any given time.

18.7 If the Car Booker returns the vehicle with a higher fuel level than that recorded at handover, this additional fuel will not be reimbursed to the Car Booker.

Cleaning and vehicle condition

18.8 As part of the standard DriveSmart conditions, the internal cleanliness and condition of the vehicle is recorded at handover. Car bookers are to return the vehicle, at the completion of the booking, with a cleanliness at the same or greater level than at handover.

18.9 If the Car Booker returns the vehicle at a materially lower cleanliness standard than recorded at handover, DriveSmart may charge the applicable cleaning amount to the Car Booker’s stored payment method following the vehicle return and dispute process.

18.10 Car owners commit to a behave in a reasonable and fair manner when assessing vehicle cleanliness on vehicle return.

18.11 If such an instance occurs, then this is to be recorded through the vehicle returns process on the DriveSmart Platforms.

18.12 DriveSmart will reimburse the car owner for any cleanliness differential levels at the current price point of vehicle cleaning in the UAE, at any given time.

Vehicle delivery and collection

18.13 Car owners can opt to provide vehicle delivery and vehicle collection as an optional additional service on the DriveSmart Platforms. This optional service is fully at the discretion of the car owner.

18.14 This optional service will be offered at an additional fee for car bookers.

18.15 The exact fee for this service is calculated at an additional 100 Dhs for each vehicle delivery and each vehicle collection.

18.16 The fees for this service will be added onto the daily booking rate for the vehicle and confirmed as accepted by the car booker upon booking of the service on DriveSmart Platforms.

18.17 The same vehicle handover and returns process is to be followed in the instance of a vehicle being delivered and/or collected.

Roadside and Breakdown Charges

18.18 Where permitted under these Terms, DriveSmart may charge the responsible Car Owner or Car Booker for roadside attendance, towing and recovery, specialist extraction, storage, diagnosis and inspection, replacement keys or access devices, fuel or electric charging delivery, tyre assistance, replacement parts and repair labour, vehicle collection or redelivery, and a published reasonable administration fee.

18.19 Charges may consist of actual third-party costs, fixed published fees or a combination of both. Evidence of material third-party charges will be made available upon reasonable request.

18.20 Where the cause remains under investigation, DriveSmart may place a temporary charge or payment reserve, or seek additional payment authorisation, where supported by the user’s payment authorisation, payment-provider rules and applicable law.

19.0 PROTECTION PLANS AND LIABILITIES

19.1 Details on the DriveSmart Protection Plans, can be found in the corresponding “DriveSmart Protection Plan” which can be found on the DriveSmart platforms.

19.1 It should be noted that the DriveSmart Protection Plans only provide potential financial coverage for vehicle damages. DriveSmart Protection Plans do not include financial coverage for any driver(s) and/or passenger(s) medical or health related occurrences whilst any vehicle is being used for DriveSmart trips, and/or any other vehicles involved in an incident with a vehicle being used for DriveSmart trips.

19.2 DriveSmart assumes no responsibility or liability for any medical or health-related incidents, regardless of cause.

19.3 All users participate and utilise DriveSmart at their own risk.

19.4 All users of DriveSmart platforms acknowledge that they understand and accept all risks associated with driving or riding in a motor vehicle.

19.5 All users of DriveSmart platforms acknowledge that they voluntarily assume full responsibility for any medical incidents or injuries that may occur.

19.6 DriveSmart does not provide health, medical or accident insurance.

19.7 DriveSmart is not obligated to provide any medical assistance or cover any related costs.

19.8 Medical coverage, if desired, must be arranged solely by the driver or passenger.

19.9 All users of DriveSmart release, indemnify, and hold harmless DriveSmart from any and all medical-related claims.

19.10 All users of DriveSmart acknowledge and understand that DriveSmart has zero liability or commitment to cover claims, damages, losses, costs or expenses, including legal fees, arising from medical events.

19.11 Under no circumstances shall DriveSmart be liable for medical expenses, hospital bills, loss of life, pain and suffering, or emotional distress, even in the occurrence that such incidents arise from vehicle use, accidents, or acts of other DriveSmart users.

19.12 Whilst DriveSmart may facilitate in the contacting of emergency services, DriveSmart has not obligation or legal responsibility to do so. Any assistance provided by DriveSmart is purely voluntary and does not create liability.

19.13 All users of DriveSmart acknowledge that they are wholly liable for ensuring they are medically fit to drive or ride as a passenger in a motor vehicle.