Dart Car Drivers: Terms & Conditions

 

IMPORTANT: PLEASE NOTE THAT TO USE THE DART SERVICES, YOU MUST AGREE TO THE TERMS AND CONDITIONS SET FORTH BELOW. BY VIRTUE OF USING THE DART SERVICES, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ, UNDERSTOOD, ACCEPTED AND AGREED WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THE DRIVER’S CODE OF CONDUCT.

 

You acknowledge and agree that the Company is a technology company that does not, and does not intend to, provide transportation services or act in any way as a taxi operator, transportation carrier or provider, and has no responsibility or liability for any transportation services provided to passengers or customers by you.

 

    1. You and your vehicle

    You acknowledge and agree that at all times you shall hold and maintain a valid Class 3 and Class 12 driver’s licence issued by the Land Transport Department (JPD) to operate your vehicle; a valid licence/permit to provide transportation for hire to third parties issued by the Motor Transport Licensing Authority (MTLA); a valid photo identification of yourself, verified and approved by the Company, as part of your profile; and any other licences, permits, approvals and authority applicable to you that are necessary to provide passenger transportation services to third parties.

    You acknowledge and agree that you are at least twenty-one (21) years of age; are a citizen or permanent resident of Brunei Darussalam; possess or agree to undergo the appropriate and current level of training, expertise and experience to provide Transportation Services in a professional manner with due skill, care and diligence, such training to be provided by the Company or its authorised agent(s) or appointed trainer(s); and will maintain high standards of professionalism, service and courtesy.

    You acknowledge and agree that, from time to time, you may be subjected to certain background checks (including medical, criminal and narcotics checks) and driving record checks with the relevant government agencies in order to qualify to provide, and remain eligible to provide, the Transportation Service. Furthermore, you acknowledge and agree that the Company reserves the right, at any time, at its sole discretion, to deactivate or otherwise restrict you from accessing or using the Driver Application and/or the Software if you fail to meet the requirements set forth in this Agreement. You agree and authorise the Company to carry out the necessary checks, or, alternatively, to provide the Company with a certificate/report from the relevant government agencies.

    You acknowledge and agree that your Vehicle shall at all times be properly registered and licensed to operate as a passenger transportation vehicle in Brunei Darussalam; be owned/leased by you, or authorised for use by you by the registered owner in writing; be suitable for performing the Transportation Services contemplated by this Agreement; be maintained in good operating condition, consistent with industry safety and maintenance standards for a vehicle of its kind and any additional standards or requirements in Brunei Darussalam, and in a clean and sanitary condition; not be on the road for more than seven (7) years after its initial registration under the Land Transport Department (JPD); have a valid road tax and car insurance in which you are an insured or an insured authorised driver; and maintain or fulfil the MTLA licence/permit requirement and its associated insurance requirement.

    You acknowledge and agree that you, and not the Company, shall bear and make any payment for the road tax/insurance payable for your vehicle. Furthermore, you agree that your vehicle may be subject to annual and/or ad hoc inspections conducted by the Company or any of its appointed representatives.

    To ensure your compliance with all the requirements under this section, the Company may require you to provide copies of all licences, permits, approvals, authority, registrations and certifications, and any renewals thereof prior to your provision of any Transportation Service. The Company reserves the right to review such licences, permits, approvals, authority, registrations and certifications from time to time, and any failure to provide or maintain any of the foregoing may constitute a breach of this Agreement.

     

    2. PROVISION OF TRANSPORTATION SERVICES

    When the Driver Application is active, User requests for the Transportation Service may appear to you via the Driver Application if you are available and in the vicinity of the User. If you accept a User’s request for the Transportation Service, you will be provided with certain User Information via the Driver Application, including the User’s first name and pickup location. You will obtain the destination from the User, either in person upon pickup or from the Driver Application.

    You acknowledge and agree that once you have accepted a User’s request for the Transportation Service, Dart’s mobile application may provide certain information about you to the User, including your first name, contact information, photo and location, and your vehicle make and licence plate number.

    You shall not contact any Users or use any User’s personal data for any other reason than for the purposes of fulfilling the Transportation Services.

    As between the Company and you, you acknowledge and agree that you shall be solely responsible for determining the most effective, efficient and safe manner to perform each instance of the Transportation Services; and you shall provide all necessary equipment, tools and other materials, at your own expense, necessary to perform the Transportation Services.

    You acknowledge and agree that your provision of the Transportation Service to Users creates a direct business relationship between you and the User. The Company shall not be responsible or liable for the actions or inactions of a User in relation to you, your activities or your Vehicle. You shall have the sole responsibility for any obligations or liabilities to Users or third parties that arise from your provision of the Transportation Services. You acknowledge and agree that you are solely responsible for taking such precautions as may be reasonable and proper regarding any acts or omissions of a User or third party. You acknowledge and agree that the Company may release your contact and/or insurance information to a User upon such User’s reasonable request. The Company is not responsible or accountable for any complaints that the User may have in regards to the transportation provided by you.

    You acknowledge and agree that your provision of the Transportation Service to Users shall be strictly confined within the borders of Brunei Darussalam, until such time as arrangements and regulatory compliance are in place to provide cross-border transportation services to Users.

    You acknowledge and agree that you will only use a Vehicle that meets the Company’s requirements for a vehicle on the Dart Services, and has been authorised by the Company for your use for the purpose of providing Transportation Services. Failure to do so is a fundamental breach of this Agreement, and the Company may refer your breach to the police for possible criminal prosecution.

     

    3. RATINGS

    You acknowledge and agree that after receiving the Transportation Services, a User will be prompted by Dart’s mobile application to provide a rating of you and such Transportation Services and, optionally, to provide comments or feedback about you and such Transportation Services; and after providing the Transportation Services, you will be prompted by the Driver Application to provide a rating of the User and, optionally, to provide comments or feedback about the User. You shall provide your ratings and feedback in good faith.

    The Company reserves the right to use, share and display your User ratings and comments in any manner in connection with the business of the Company without attribution to you or your approval.

     

    4. FARE CALCULATION AND YOUR PAYMENT

    You acknowledge and agree that when responding to Users’ requests for the Transportation Services, standard telecommunication charges will apply, which shall be solely borne by you and not the Company.

    You are entitled to charge a fare for each distance of completed Transportation Services provided to a User, where such Fare is calculated based upon a base fare amount plus distance (as determined by the Company using location-based services enabled through the device) and/or time amounts. You acknowledge and agree that this fare is the only payment you will receive from the User in connection with the provision of the Transportation Services, and that this Fare does not include any gratuity.

    In consideration of the Company’s provision of the Driver Application and/or Software for your use and benefit hereunder, you agree to pay the Company a service fee on a per Transportation Services transaction basis calculated as a percentage of the Fare, or the Cancellation Fee, as the case may be. This Service Fee charge is set at 30% of the Fare or Cancellation Fee, and is due immediately and is non-refundable. The Company reserves the right to change the Service Fee at any time it deems necessary or appropriate.

    The Company agrees to remit, or cause to be remitted, to you at least twice a month, the Fare less the applicable Service Fee for any card-payment transactions.

    The Company also retains the discretion to make promotional offers with different features and rates to any Users. You agree to honour any such promotional offers.

     

    5. CANCELLATION CHARGES

    You acknowledge and agree that Users may elect to cancel requests for Transportation Services that have been accepted by you via the Driver Application at any time prior to or after your arrival at the pickup location. In the event that a User cancels an accepted request for Transportation Services, the Company may charge the User a cancellation fee on your behalf.

    If the User cancels at any time after you have arrived at the pickup location (defined as any time after you have arrived at the pickup location and clicked ‘Arrived’ on the Driver’s Application), a Cancellation Fee of BND$3.00 will apply.

    In the event that you have arrived and waited for five (5) minutes and the User fails to show up, the request for Transportation Service is deemed to be cancelled. A Cancellation Fee of BND$3.00 will apply accordingly.

    If the User has a registered debit or credit card with Dart Services, the applicable Cancellation Fee will automatically be debited from his/her respective account with Dart Services.

    You agree and acknowledge that the Company is not liable for any compensation in respect of any outstanding amount of Cancellation Fees owed to you by the User.

    Where the User cancels a request for Transportation Services, a notification e-mail containing an updated record of their cancellation(s) and the total amount of Cancellation Fees incurred and owed will be sent to him/her.

    You acknowledge and agree that any and all Cancellation Fees shall include the Service Fee, which is due immediately to the Company and is non-refundable.

    You acknowledge and agree that your cancellation of any accepted request for Transportation Service may affect your ratings and track record. This in turn may affect your eligibility for monthly-issued cash incentives. Cash incentives are issued based on your ratings and track record and are awarded solely at the Company’s discretion and are subject to change at any time.

     

    6. PAYMENT BY USERS

    The User may choose to pay for the Transportation Service either by cash or, where available, by debit or credit card.

    Where the User chooses to pay for the Transportation Service by debit or credit card, you agree that you appoint the Company as your limited payment collection agent solely for the purpose of accepting the Fare from the User on your behalf; any and all payment due to you for the Transportation Service will be channelled to you in the agreed quantum.

    You agree to maintain a minimum of BND $50.00 in your Driver’s Account Balance with the Company. Where the User chooses to pay for the Transportation Service by cash, any and all Service Fees due to the Company will immediately be deducted from your Driver’s Account Balance. When the amount in your Driver’s Account Balance falls to less than BND $50.00, and there are insufficient funds from any card payments due to you, it is your responsibility to top it up with the appropriate amount to maintain the required minimum of BND $50.00 in your Driver’s Account Balance through ATM deposits into the Company’s bank account. You acknowledge and agree that failure to maintain the required amount in your Driver’s Account Balance will result in the suspension of your access to the Driver Application and deactivation of your account with the Company.

    You acknowledge and agree that it is solely your responsibility to ensure that, at all times, you carry sufficient change in your Vehicle to complete cash payment transactions.

    The Company retains the right to suspend the processing of any transaction it reasonably believes to be fraudulent, illegal or involving any criminal activity. In such an event, you shall not hold the Company liable for any withholding of, delay in, suspension of, or cancellation of any payment to you. You agree to co-operate in relation to any required criminal investigation and to assist the Company in complying with any internal investigations, instructions from the authorities or requirements of the prevailing laws or regulations in place.

    Where a User causes damage and/or necessitates the cleaning of your Vehicle, the terms relating to the repair of the damage and/or cleaning of your Vehicle, including, but not limited to, costs, shall be as agreed between you and the User. You acknowledge and agree that the Company will not be a party to any dispute relating to the repair and/or cleaning of your Vehicle.

     

    7. TAXES

    You acknowledge and agree that this Agreement shall be subject to all prevailing statutory taxes, duties, fees, charges and/or costs, however denominated, as may be in force and in connection with any future taxes that may be introduced at any point of time.

    You further agree to use your best efforts to do everything necessary and required by the relevant laws to enable, assist and/or defend the Company to claim or verify any input tax credit, set off, rebate or refund in respect of any taxes paid or payable in connection with the Transportation Services supplied under this Agreement.

     

    8. LICENCE GRANT

    Subject to the terms and conditions of this Agreement, the Company, and where applicable its licensors, hereby grants you a revocable, non-exclusive, non-transferable, non-sublicensable, non-assignable, personal, limited licence during the term of this Agreement to use the Dart Services, Driver Application and/or the Software solely for the purpose of providing Transportation Services to Users and tracking resulting Fares. All rights not expressly granted to you are reserved by the Company and its licensors.

    You shall not allow any other party to assume or impersonate your identity to access or use the Driver Application and/or the software. Your failure to comply with this shall constitute a fundamental breach of this Agreement, and the Company may refer your breach to the police for possible criminal prosecution.

     

    9. RESTRICTIONS

    You shall not, and shall not allow any other party to license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Driver Application and/or the Software in any way; modify or make derivative works based upon the Driver Application and/or the Software; improperly use the Driver Application and/or the Software, including creating Internet “links” to the Driver Application or “framing” or “mirroring” any part of the Software on any other servers or wireless or internet-based device; reverse-engineer, decompile, modify or disassemble the Software except as allowed under applicable law; send spam or otherwise duplicative or unsolicited messages; use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Dart Services or its contents; post, distribute or reproduce in any way copyrighted material, trademarks or other proprietary information without obtaining the prior consent of the owner of such proprietary rights; remove any copyright, trademark or other proprietary rights notices contained in the Dart Services; send or store infringing, obscene, threatening, libellous, or otherwise unlawful or tortious material, including, but not limited to, materials harmful to children or violative of third-party privacy rights; send materials containing software viruses, worms, trojan horses or other harmful computer codes, files, scripts, agents or programmes; interfere with or disrupt the integrity or performance of the Software and/or the Driver Application or the data contained therein; attempt to gain unauthorised access to the Software and/or the Driver Application or its related systems or networks; impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; or promote any application of the Company’s competitors, give out coupons and suggest any other form of discounts to the Users.

    In addition, you shall not, and shall not allow any other party to, access or use the Driver Application and/or the Software to design or develop a competitive or substantially similar product or service; copy or extract any features, functionality or content thereof; or launch or cause to be launched an automated programme or script, including, but not limited to, web spiders, crawlers, robots, indexers, bots, viruses or worms, or any programme which may make multiple server requests per second or unduly burden or hinder the operation and/or performance of the Driver Application and/or the Software.

    You acknowledge and agree that a breach hereof constitutes a grave offence and may be treated as industrial espionage or sabotage, and the Company reserves the right to take such action as may be appropriate or permitted under the law against you and/or any person, whether natural or artificial, directing or instructing you, in the event that you misuse the Dart Service other than for the purpose for which it is intended to be used.

     

    10. OWNERSHIP

    The Dart Services, Driver Application, the Software and Company Data, including all intellectual property rights therein, are and shall remain (as between you and the Company) the property of the Company and, where applicable, its licensors. Neither this Agreement nor your use of the Dart Services, Driver Application, Software or Company Data conveys or grants to you any rights in or related to the Dart Services, Driver Application, the Software or Company Data except for the limited licence granted above.

    Other than specifically permitted by the Company, you are not permitted to use or reference in any manner the Company’s or its licensors’ names, logos, products and service names, trademarks, service marks, trade dress, copyrights or other indicia of ownership, alone or in combination with other letters, punctuation, words, symbols and/or designs for any commercial purposes.

     

    11. CONFIDENTIALITY

    You acknowledge and agree that all information and data relating to the Company, its services, products, business affairs, marketing and promotion plans or other operations, and its associated companies that you may have access to or may be exposed to, directly or indirectly, whether orally or in writing, on or after the date of this Agreement, shall be maintained in confidence and not be used for any other purpose except in the furtherance of this Agreement.

    You further acknowledge and agree that you shall not disclose any confidential information to any third party, except to such officers, employees and agents as necessary to perform under this Agreement.

    Notwithstanding the foregoing, confidential information shall not include any information to the extent it was possessed by the receiving party prior to the date of this Agreement without an obligation of confidentiality; is or becomes part of the public domain through no act or omission on the part of the receiving party; is disclosed to the receiving party by a third party who has no obligation of confidentiality with respect thereto; or is required to be disclosed by law.

     

    12. PERSONAL DATA PROTECTION

    The Company may collect your Personal Data during the course of your application for the use of the Dart Service. Such information may be stored, processed, transferred and accessed by the Company for business purposes, including for marketing, lead generation, service development and improvement, analytics, industry and market research, and such other purposes consistent with the Company’s legitimate business needs. You expressly consent to such use of your Personal Data by the Company.

    You shall not be required to provide your Personal Data to the Company. However, you agree that failure to provide the Company with your Personal Data may deem your request for the application incomplete, rendering the Company unable to allow you to use the Dart Service.

     

    13. INSURANCE

    You agree to maintain on the Vehicle operated by you under this Agreement, during the term of this Agreement, automobile liability insurance that provides protection against any anticipated losses related to the operation of a passenger transportation service. You agree to provide the Company with a copy of the insurance policy, policy declarations and proof of premium payment for the insurance policy required under this section upon request. Furthermore, you must provide the Company with written notice of cancellation of any insurance policy required by the Company. You must be a named insured or an insured authorised driver, for which a premium is charged, on the insurance policy required under this section at all times.

    You understand and acknowledge that it is solely your responsibility, not that of the Company, to resolve any questions or concerns about the scope or applicability of your insurance coverage you may have with your insurer(s) in order to meet the requirements of this Agreement.

     

    14. REPRESENTATIONS AND WARRANTIES

    You expressly represent and warrant that you have full right, authority and capacity to use the Dart Services and to abide by this Agreement; you have not entered into, and during the term of this Agreement will not enter into, any agreement that would prevent you from complying with this Agreement; you will comply with all applicable laws in your performance of this Agreement, including holding and complying with all permits, licences, registrations and other governmental authorisations necessary while using the Dart Services; all the information which you provide shall be true and accurate; you will not use the Dart Services, Driver Application and/or Software for purposes other than obtaining the Transportation Service; you will only use an access point or data account (AP) which you are authorised to use; you shall not employ any means to defraud the Company or enrich yourself, through any means, whether fraudulent or otherwise, whether or not through any event, promotion or campaign launched by the Company to encourage new subscription or usage of the Dart Services by new or existing Users; you agree that the Dart Services are provided on a reasonable effort basis; and you agree that your use of the Dart Services will be subject to the Company’s Privacy Policy, as may be amended from time to time.

     

    15. DISCLAIMER OF WARRANTIES

    The Company makes no representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, availability, accuracy or completeness of the Dart Services, Driver Application and/or the Software.

    The Company does NOT represent or warrant that the use of the Dart Services, Driver Application and/or the Software will be secure, timely, uninterrupted or error-free, or operate in combination with any other hardware, software, system or data; the Dart Services will meet your requirements or expectations; any stored data will be accurate or reliable; the quality of any products, services, information or other materials purchased or obtained by you through the driver application will meet your requirements or expectations; errors or defects in the Driver Application and/or the Software will be corrected; the application or the server(s) that make the Driver Application available are free of viruses or other harmful components; or the Driver Application and/or the Software tracks you or the vehicle used by the transportation provider.

    The Company provides, and you accept, that the service provided to you is strictly on an “as is” basis. All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose or non-infringement of third-party rights are hereby excluded and disclaimed to the highest and maximum extent.

    The Company makes no representation, warranty or guarantee as to the reliability, safety, timeliness, quality, suitability or availability of any services, including, but not limited to, the third-party transportation services obtained by or from third parties through the use of the Dart Services, Driver Application and/or the Software.

    You acknowledge and agree that the entire risk arising out of your use of the Dart Services and any third-party services, including, but not limited to, the third-party transportation services, remains solely and absolutely with you, and you shall have no recourse whatsoever to the Company.

    The Dart Services, Driver Application and/or the Software may be subject to limitations, delays and other problems inherent in the use of the internet and electronic communications, including the device used by you being faulty, not connected, out of range, switched off or not functioning. The Company is not responsible for any delays, delivery failures, damages or losses resulting from such problems.

     

    16. LIMITATION OF LIABILITY

    The Company and/or its licensors shall not be liable under or related to this Agreement for any of the following, whether based on contract, tort or any other legal theory, even if the Company and/or its licensors have been previously advised of the possibility of such damages:

    • Any direct, indirect, punitive, economic, future special, exemplary, incidental, consequential or other damages or losses of any type or kind (including personal injury, emotional distress and loss of data, goods, revenue, profits, use or other economic advantage); or
    • Any loss, damage or injury which may be incurred by, or caused to, you or to any User person for whom you have booked the transportation service, including, but not limited to, loss, damage or injury arising out of, or in any way connected with, the Dart Services, Driver Application and/or the Software, including, but not limited to, the use or inability to use the Dart Services, Driver Application and/or the Software, any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any third-party provider, advertiser or sponsor whose advertising appears on the website or is referred to by the Dart Services, Driver Application and/or the Software.

    In no event shall the liability of the Company under this Agreement exceed the aggregate amount of all amounts actually paid by and/or due from you in utilising the Dart Services during the event giving rise to such claim.

    The Company shall not be liable under or related to this Agreement for any and all liability, claims, causes of action or damages arising from your use of the Dart Services, Software and/or the Driver Application, or in any way related to the third parties including third-party transportation providers, advertisers and/or sponsors introduced to you by the Dart Services, Software and/or the Driver Application.

    The Company does not and will not assess nor monitor the suitability, legality, ability, movement or location of any third-party providers, including advertisers and/or sponsors, and you expressly waive and release the company from any and all liability, claims or damages arising from or in any way related to the third-party providers, including advertisers and/or sponsors. The Company will not be a party to disputes or negotiations of disputes between you and such third-party providers, including third-party transportation providers, advertisers and/or sponsors. The Company shall not play any role in managing payments between you and third-party providers, including third-party transportation providers, advertisers and/or sponsors.

     

    17. INTERNET DELAYS

    The Company and its licensors do not guarantee the availability or uptime of the Dart Services, Driver Application and/or the Software. You acknowledge and agree that the Dart Services, Driver Application and/or the Software may be unavailable at any time and for any reason, and may be subject to limitations, delays and other problems inherent in the use of the internet and electronic communications (e.g. due to the device used by you being faulty, not connected, out of range, switched off or not functioning). The Company and its licensors are not responsible for any delays, delivery failures or other damages, liabilities or losses resulting from such problems.

     

    18. DURATION AND TERMINATION

    This Agreement takes effect immediately as of the date accepted by you, and shall remain in full force and effect until termination as set forth herein.

    The Company may terminate this Agreement without cause, at any time, upon three (3) days prior written notice to you; or immediately, without notice, for your material breach of this Agreement.

    The Company reserves the right to terminate this Agreement should you be using the Dart Services with an incompatible or unauthorised device or for purposes other than which the Driver Application or Software is intended to be used. In addition, the Company reserves the right, but is not obliged, to terminate this Agreement and your use of the Dart Services at any time if any information provided by you is untrue, inaccurate, not current or incomplete in any respect.

    Upon termination, the Company is not required to compensate, reimburse or cover any cost incurred by you, including, but not limited to, the credit reserved with the Company or any other monies paid to the Company in the course of performing your obligations under this Agreement.

     

    19. RELATIONSHIP OF THE PARTIES

    Except as otherwise expressly provided herein with respect to the Company acting as the limited payment collection agent solely for the purpose of collecting payment from Users on your behalf, the relationship between the parties under this Agreement is solely that of independent contracting parties.

    The parties agree that this Agreement is not an employment agreement, nor does it create an employment relationship between the Company and you; and no joint venture, partnership or agency relationship exists between the Company, you and any third-party provider as a result of this Agreement or use of the Dart Services.

     

    20. THIRD-PARTY INTERACTIONS

    You may, during the use of the Dart Services, and subject to the Company’s written consent, enter into correspondence with, purchase goods and/or services from, or participate in the promotions of third-party providers, advertisers or sponsors showing their goods and/or services through the Dart Services, Software and/or the Driver Application. Any such activity, and any terms, conditions, warranties or representations associated with such activity is solely between you and the applicable third party.

    The Company and its licensors shall have no liability, obligation or responsibility for any such correspondence, purchase, transaction or promotion between you and any such third party.

    In the event that any third-party providers of transportation, goods and/or services should require your agreement to additional or different terms and conditions prior to your use of or access to such goods or services, the Company shall not be a party to, and disclaims any and all responsibility and/or liability arising from, such agreements between you and the third-party providers.

    You agree to receive any advertising and/or marketing supplied to the Company by a third party through the Dart Services and other mechanisms. The Company should be notified in writing or in accordance with the procedure as determined by the Company of any refusal to receive such advertising and/or marketing. The Company reserves the right to charge you a higher fee for or deny you the use of the Dart Services should you choose not to receive these advertising and/or marketing services. This higher fee, if applicable, shall be posted on the Company’s website, located at https://www.dartbrunei.com/dartcardriverterms.

    You agree and allow the Company to compile and release information regarding you and your use of the Dart Services on an anonymous basis as part of a customer profile or similar report or analysis.

     

    21. INDEMNITY

    To the extent permitted by applicable laws, you shall indemnify, defend and hold the Company, its licensors and each such party’s parent organisations, subsidiaries, affiliates, officers, directors, members, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with your violation or breach of any term of this Agreement or any applicable law or regulation, including any local laws or ordinances, whether or not referenced herein; your violation of any rights of any third party, including, but not limited to, passengers of your vehicle, or the vehicle that you have control over, and other motorists and pedestrians, as a result of your own interaction with any third party; your use or misuse of the Driver Application and/or Software; and your ownership, use or operation of a motor vehicle or passenger vehicle, including your carriage of Users who have procured your transportation services via the Dart Services, or of their goods.

     

    22. NOTICE

    Any notice delivered by the Company to you under this Agreement will be delivered either by means of a general notice on the Driver Application; electronic mail to your e-mail address in the records of the Company; or written communication sent by Registered mail or pre-paid post to your address in the records of the Company. Such notice is deemed to have been given forty-eight (48) hours after mailing or posting (if sent by Registered mail or pre-paid post) or one (1) hour after sending (if sent by e-mail).

    Any notice delivered by you to the Company under this Agreement will be delivered by letter sent by courier or Registered mail to the Company using the contact details as provided in the Driver Application. Such notice is deemed to have been given when received by the Company.

     

    23. ASSIGNMENT

    This Agreement, and all rights and obligations hereunder, are personal to you and you may not assign or transfer all or part of its rights or obligations under this Agreement without the prior written consent of the Company. The Company may assign or transfer this Agreement or any or all of its rights or obligations under this Agreement from time to time without your consent to a related company/licensor/affiliate, or an acquirer, in whole or in part, of the Company’s business, equity or assets.

     

    24. GOVERNING LAW

    This Agreement shall be construed and shall take effect in accordance with the laws of Brunei Darussalam and be subject to the non-exclusive jurisdiction of the courts of Brunei Darussalam.

     

    25. SEVERABILITY

    If any provision of this Agreement is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions herein shall not in any way be affected or impaired thereby.

     

    26. NO IMPLIED WAIVER

    No failure or delay on the part of the Company in exercising any power or right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of such right or power preclude any other or future exercise of any other right or power hereunder.

     

    27. ENTIRE AGREEMENT

    This Agreement constitutes the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous negotiations or discussions, whether written or oral (if any) between the parties regarding the subject matter contained herein.

     

    28. MODIFICATION

    The Company reserves the right to modify, vary or change the terms and conditions of this Agreement or its policies relating to the Dart Services at any time it deems fit. Such modifications, variations or changes to the terms and conditions policies relating to the Dart Services shall be effective upon the posting of an updated version at https://www.dartbrunei.com/dartcardriverterms. You agree that it shall be your responsibility to review this Agreement regularly, whereupon the continued use of the Dart Services after any such changes, whether or not reviewed by you, shall constitute your consent and acceptance to such changes.