This Agreement describes the terms and conditions applicable to your use of the website www.overdrive.me (hereinafter, “Overdrive”, or “website” or “we” or “us” or “our”). It allows rental businesses and individuals (hereinafter collectively known as “Owners”) to promote their cars that are available on rental basis in the UAE and businesses and individuals to find these cars (hereinafter collectively known as “Renters”).
By using or signing up on Overdrive, you acknowledge that you have read and understood, and agree to be bound by these Terms and Conditions listed below which may be revised from time to time.
General
You agree and understand that Overdrive is an internet enabled electronic platform that facilitates communication for the purposes of advertising and distributing information pertaining to renting of cars.
You further agree and understand that we do not endorse, market or promote any of the listings, postings or information, nor do we at any point in time come into possession of or engage in the distribution of any of the goods and/or services, you have posted, listed or provided information about on our site.
Overdrive acts exclusively as a booking agent and does not control, manipulate, nor does operate any rental or transportation vehicles. Therefore; Overdrive does not assume any responsibility by losses or mischief by accidents, delays, overbooking, and irregularities by any reason or attitudes of persons hired by the suppliers.
All Vehicle rentals available through this Website are subject to standard rental contracts of the Car Rental Supplier, and to the laws of the UAE. Individual restrictions may also apply to your car rental.
User Information
You agree that you are the lawful owner having all rights, title and interest in your information, and further agree that you are solely responsible and accountable for your information and that we act as a mere platform for your online distribution and publication of your information.All the images of the car that are posted on the Website must be the real image of the car in its present condition. You must have the intellectual property rights over the images posted. The picture mustnot be sourced from other sources like internet or belong to someone else. There shall not be any substantial difference in the present state of car from the image posted.
You also consent to receive communications by email, call or by such other mode of communication, electronic or otherwise related to the services provided through the website.
Right to Use of Information
When you give us any content as part of your information, you are granting us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right and license to use, reproduce, publish, translate, distribute, perform and display such content (in whole or part) worldwide through the Website as well as on any of our affiliates or partners websites, publications and mobile platform.
Restricted or Inappropriate Content
You agree that your listing, posting and/or information :
Abuse of Overdrive
We reserve the right to take down any posting, listing or information and/or limit or terminate our services and further take all reasonable technical and legal steps to prevent the misuse of the Website in keeping with the letter and spirit of this Terms and Conditions.
Eligibility
Use of Overdrive, either by registration or by any other means, is available only to persons, who are 18 years of age and above and persons who can enter into a legally binding contract, and or are not barred by any law for the time being in force. If you access Overdrive, either by registration on the Site or by any other means, not as an individual but on behalf of a legal entity, you represent that you are fully authorized to do so and the listing, posting or information placed on the site on behalf of the legal entity is your responsibility and you agree to be accountable for the same to other users of the Site.
Pricing
The owner charges the price from the renter based on the market forces of demand and supply. Overdrive merely lists them on the website and in no way shall be privy to the pricing and payment between the owner and the renter.
Third Party Content
Overdrive may provide, on its Website, links to sites operated by other entities. If the user decides to view this site, they shall do so at their own risk, subject to that site’s terms and conditions of use and privacy policy that may be different from those of this site. It is the user’s responsibility to take all protective measures to guard against viruses or other destructive elements they may encounter on these sites. Overdrive makes no warranty or representation regarding, and does not endorse any linked website or the information appearing thereon or any of the products or services described thereon.
Indemnity
You agree to indemnify and hold Overdrive , its officers, subsidiaries, affiliates, successors, assigns, directors and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of content you submit, post or make available through the Service, your use of the Service, your violation of the Terms and Conditions, your breach of any of the representations and warranties herein, or your violation of any rights of others.
Disclaimer of Warranties
You agree that the use of our Service is entirely at your own risk. All implied warranties, including warranties of merchantability, fitness for particular use and non-violation of proprietary rights are expressly disclaimed. We also disclaim any warranties of security, reliability, timeliness, accuracy and performance of our site. We disclaim any warranty for any service or goods offered through our site or linked to from our site. We disclaim any warranties for viruses or other harmful content connected with our site in any manner.
Contact with other members
You are solely and exclusively responsible for your interaction with other members and/or Users, whether in person or online.
You acknowledge that Overdrive does not screen Users, nor does Overdrive perform any investigation into Users’ background or any of their representations or statements made to you or others.
Overdrive makes no representations or warranties as to the background or conduct of any user. In no event shall Overdrive be liable for any damages of any kind whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental arising out of or relating to the conduct of any User (including you) in connection with the use of the website, including without limitation, pecuniary loss, bodily injury, emotional distress, and/or any other damages resulting from communications, meetings, agreements, or other dealings, with other users (or any of them), or other persons you encounter in connection with the website. You agree to take all precautions in all interactions with other Users, whether online or in person.
Insurance
Overdrive does not provide any insurance cover whatsoever. Any insurance, if provided to the renter, shall be the sole responsibility of the owner. Overdriveshall not be a party to the insurance agreement between the renter and the owner.
Limitations and Exclusion of Liability
The Website and the service are provided as-is. Overdrive cannot be held liable for the incorrect functioning of the Website or the service.
As a business networking platform, Overdrive does not control the Users’ identity documents or driving licenses.
The Users must check the identity of their contact, the documents of the Car Owner’s Vehicle, and the Renter’s driving licence at the time the Vehicle is taken.
Overdrive also does not verify the information entered by Users in their listings and evaluations. The User is deemed to be the sole author of the content of their listings and evaluations, and this content is their sole and entire responsibility.
Overdrive may not be held liable for any false, inaccurate, inappropriate or illicit information uploaded by a User. Overdrive may also not be held liable for removing or rendering inaccessible any obviously illicit content uploaded by a User. In no event may Overdrive be held liable for any direct or indirect damage that might be caused by the Website or any part of the Service, or by the unavailability of the Website or any part of the service.
Overdrive’s role is limited exclusively to the linking of car Owners with Renters. Accordingly, Overdrive cannot be held liable for any damage suffered or caused by the Renter or the car Owner using a vehicle rented via the Website.
Intellectual Property
Overdrive holds all of the intellectual property rights related to the text, graphic, sound, videographic and software elements, and all other types of elements on the Website, including the Overdrive brand, with the exception of information entered by Users. Overdrive alone owns the intellectual property rights to the Website. The User undertakes not to infringe on Overdrive’s intellectual property rights. The User may not use any of the Website’s features, including printing, downloading and email, for the purpose or with the effect of infringing on the intellectual property rights attached the Website and its components.
Changes to the Service
Overdrive reserves the right to modify the characteristics and features of the Website, or the Service at any time. Overdrive will inform the User of these changes by publishing them on the Website, or by any other means that Overdrive deems appropriate.
Privacy Policy
You are required to read the Privacy Policy as well which applies to your use of this Website in addition to this Terms and Conditions.
Consequences to Breach of Terms and Conditions
Overdrive shall be free to take the following actions unilaterally without any notice to the Users if the Users violate this Terms and Conditions:
This Terms and Conditions shall be governed and construed in accordance with the laws of the United Arab Emirates and the courts of UAE shall have exclusive jurisdiction on all matters and disputes arising out of and relating to the Website.