Terms and Conditions

Last Updated: June 13, 2025
Effective Date: June 13, 2025

Welcome to DriverGems! These Terms and Conditions ("Terms") govern your use of the DriverGems mobile application and related services operated by Drivergems Tech Private Limited ("Company," "we," "us," or "our").

Important: By accessing or using our services, you agree to be bound by these Terms. If you disagree with any part of these terms, you may not access our services.

1. Acceptance of Terms

By downloading, installing, or using the DriverGems application, you confirm that you:

Are at least 18 years old or have parental consent
Have the legal capacity to enter into this agreement
Agree to comply with all applicable laws and regulations
Accept these Terms, Refund Policy and our Privacy Policy

2. Services Description

DriverGems provides a mobile application platform that offers driving loyalty program, driver related services, training, and educational content based on the account type. Our services include (based on the account type) but are not limited to:

Platform for loyalty schemes run by petrol pump
Educational content and resources
User community features
Progress tracking and assessments

3. User Accounts

Account Registration:

You must provide accurate and complete information
You are responsible for maintaining account security
One account per person is permitted
You must notify us immediately of any unauthorized access

4. Payment Terms

All payments are processed through PhonePe payment gateway. By making a purchase, you agree to:

Provide accurate payment information
Pay all applicable fees and taxes
Comply with PhonePe's terms and conditions

For refund information, please refer to our Refund Policy.

5. User Conduct and Prohibited Activities

You agree NOT to:

Violate any laws or regulations
Infringe on intellectual property rights
Upload malicious content or viruses
Harass, abuse, or harm other users
Use the service for unauthorized commercial purposes
Attempt to hack, reverse engineer, or compromise the app
Create fake accounts or impersonate others
Share inappropriate, offensive, or illegal content

6. Intellectual Property Rights

All content, features, and functionality of DriverGems, including but not limited to text, graphics, logos, software, and design, are owned by Drivergems Tech Private Limited and are protected by Indian and international copyright, trademark, and other intellectual property laws.

User-Generated Content

When you submit content through our services, you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, and display such content for the purpose of providing our services.

7. Mobile Application License

We grant you a limited, non-exclusive, non-transferable license to install and use the DriverGems app on your device, subject to these Terms and app store terms.

License Restrictions:

Do not modify, reverse engineer, or create derivative works
Do not redistribute or transfer the app
Use only for personal, non-commercial purposes
Comply with applicable app store terms

8. Privacy and Data Protection

Your privacy is important to us. Please review our Privacy Policy to understand how we collect, use, and protect your information. By using our services, you consent to data processing as described in our Privacy Policy.

9. Third-Party Services

Our app may integrate with third-party services including:

PhonePe for payment processing
Social media platforms for login
Analytics and advertising services
SMS and messaging apps like Whatsapp service providers

We are not responsible for third-party terms, policies, or services.

10. Service Availability

We strive to maintain service availability but cannot guarantee uninterrupted access. We reserve the right to:

Modify or discontinue services with notice
Perform maintenance that may cause temporary downtime
Update features and functionality

11. Termination

Either party may terminate this agreement:

By You: Delete your account or stop using our services
By Us: For violation of these Terms, illegal activity, or at our discretion with notice

Upon termination, your right to use the services ceases immediately.

12. Disclaimers

IMPORTANT DISCLAIMER: Our services are provided "AS IS" without warranties of any kind. We do not guarantee:

Uninterrupted or error-free service
Accuracy of all content
Fitness for a particular purpose
Successful completion of driving related educational contents

13. Limitation of Liability

To the maximum extent permitted by Indian law, our liability is limited to the amount you paid for our services in the 12 months preceding the claim. We are not liable for indirect, incidental, or consequential damages.

14. Indemnification

You agree to indemnify and hold us harmless from any claims, damages, or expenses arising from your use of our services, violation of these Terms, or infringement of third-party rights.

15. Governing Law and Dispute Resolution

These Terms are governed by the laws of India. Any disputes will be resolved through:

Informal Resolution: 30-day negotiation period
Arbitration: Binding arbitration in Pune, Maharashtra
Courts: Pune courts have exclusive jurisdiction

16. Electronic Communications

You consent to receive communications electronically. We may communicate with you via email, SMS, or in-app notifications. Electronic communications satisfy legal requirements for written notices.

17. Updates and Modifications

We may update these Terms periodically. Significant changes will be notified through:

Email notification
In-app notification
Website announcement

Continued use after changes constitutes acceptance of new Terms.

18. Severability

If any provision of these Terms is found unenforceable, the remaining provisions will continue in full force and effect.

19. Force Majeure

We are not liable for delays or failures due to circumstances beyond our reasonable control, including natural disasters, government actions, or technical failures.

20. Contact Information

For questions about these Terms or our services, contact us:

Company: Drivergems Tech Private Limited
Address: Kalewadi, Pune, Maharashtra 411017, India
Email: admin@drivergems.com
Business Hours: Monday to Friday, 9:00 AM to 6:00 PM IST

Legal Notices: admin@drivergems.com

Customer Support: support@drivergems.com

These Terms and Conditions are governed by Indian law and comply with the Information Technology Act, 2000, Consumer Protection Act, 2019, and other applicable Indian regulations. This document constitutes a legally binding agreement between you and Drivergems Tech Private Limited.