TERMS AND CONDITIONS Last updated: April 09, 2019 PLEASE READ THESE USER TERMS CAREFULLY BEFORE DOWNLOADING THE PINKDRIVER APPLICATION AND/OR USING OUR WEBSITE AND/OR SERVICE. The PINKDRIVER Terms and Conditions (“User Terms”) constitute a legally binding agreement between PINKDRIVER Technologies, Inc. (“PINKDRIVER” “we”, “us”, or “our”), the owner and operator of the www.PINKDRIVERAPP.com website and its related software application and platform (hereafter, collectively referred to as the “PINKDRIVER Service”) and you (“you” or “your”), the user of the PINKDRIVER Service. BY USING THE PINKDRIVER SERVICE IN ANY FORM OR FASHION (INCLUDING, WITHOUT LIMITATION, NAVIGATING PINKDRIVERAPP.COM OR UTILIZING THE PINKDRIVER MOBILE APPLICATION), YOU ACKNOWLEDGE AND AGREE TO THESE USER TERMS, AND PINKDRIVER PRIVACY POLICY, WHICH CAN BE FOUND AT HTTP://WWW.PINKDRIVERAPP.COM/PRIVACY-POLICY/ AND WHICH ARE INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, YOU MAY NOT USE THE PINKDRIVER SERVICE. THE USER TERMS ARE INTENDED FOR ALL USERS OF THE PINKDRIVER SERVICE, INCLUDING THOSE WHO ARE SIMPLY NAVIGATING THE WEBSITE OR THOSE WHO REGISTER AN ACCOUNT. HOWEVER, DIFFERENT SECTIONS OF THE USER TERMS AFFECT USERS DIFFERENTLY, SO PLEASE BE SURE TO READ THESE TERMS AND CONDITIONS CAREFULLY.
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Any dispute or claim arising out of or in connection with this website shall be governed and construed in accordance with the laws of Qatar.
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Qatar is our country of domicile.
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Minors under the age of 18 shall are prohibited to register as a User of this website and are not allowed to transact or use the website.
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If you make a payment for our products or services on our website, the details you are asked to submit will be provided directly to our payment provider via a secured connection.
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The cardholder must retain a copy of transaction records and Merchant policies and rules.
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We accept payments online using Visa and MasterCard credit/debit card in QAR.
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www.PinkDriverapp.com will NOT deal or provide any services or products to any of OFAC (Office of Foreign Assets Control) sanctions countries in accordance with the law of Qatar.
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Multiple transactions may result in multiple postings to the cardholder’s monthly statement.
1. PINKDRIVER Service Overview.
PINKDRIVER provides an online platform whereby users can connect with vendors and independent drivers who offer limousine services (hereafter, “Providers”). Users can access the PINKDRIVER Service through the use of the PINKDRIVER PINKDRIVER makes no representations, warranties or guarantees regarding any content or information provided by users or Providers. PINKDRIVER has customer information and privacy policies as set forth in its Privacy Policy http://www.PINKDRIVERAPP.com/privacy-policy/, which is fully incorporated herein by reference.
2. Registration for PINKDRIVER Service.
Registration with the PINKDRIVER Service is subject to the following additional terms and conditions: (a) Eligibility: By registering with PINKDRIVER, you represent and warrant that all registration information you submit, including, without limitation, your first and last name, mobile telephone number, and credit card or financial account payment information is completely accurate and truthful. PINKDRIVER may, in our sole discretion, refuse to offer access to or use of the PINKDRIVER Services to any party and change the eligibility criteria at any time. By registering with PINKDRIVER, you represent that if you are an individual, you are of legal age to enter into a binding contract and that if you are registering on behalf of a legal entity, that you are authorized to enter into, and bind the entity to, these User Terms and register for the PINKDRIVER Service. (b) Security of Registration Information: You are solely responsible for maintaining the security and correctness of your registration information. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify PINKDRIVER of any unauthorized use of your password or any breach of security. You also agree that PINKDRIVER shall not be liable for any loss or damage arising from your failure to keep your password secure. (c) Compliance: You agree to comply with all local laws regarding online conduct and acceptable content. In addition, you must abide by our policies as well as all other operating rules, policies and procedures that may be published from time to time via the PINKDRIVER Service, each of which is incorporated herein by reference and each of which may be updated by PINKDRIVER from time to time without notice to you.
3. How to use the PINKDRIVER Service.
The PINKDRIVER Service offers you to get an limousine services.
• With a simple tap, request assistance for a towing, flat tire (Puncture repair/ Spare tyre fitment), dead battery (jump start) and empty fuel tank.
• We’ll automatically detect your precise location and dispatch the closest tow truck.
• You’ll receive confirmation that help is on the way, who is coming and a precise time of arrival.
• You’ll be able to watch in real time on your phone as assistance comes to your location.
• Should you choose, you’ll be able to contact the driver directly at any time during the rescue.
Once you select a service, please note the following: PAYMENT POLICY: You understand that use of the Services may result in charges to you for the services or goods you receive from a Third Party Provider (“Charges ”). After you have received services or goods obtained through your use of the Service, PINKDRIVER will facilitate your payment of the applicable Charges on behalf of the Third Party Provider as such Third Party Provider’s limited payment collection agent. Payment of the Charges in such manner shall be considered the same as payment made directly by you to the Third Party Provider. Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by PINKDRIVER. All Charges are due immediately and payment will be facilitated by PINKDRIVER using the preferred payment method designated in your Account.As between you and PINKDRIVER, PINKDRIVER reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of the Services at any time in PINKDRIVER’s sole discretion. May elect to cancel your request for services or goods from a Third Party Provider at any time prior to such Third Party Provider’s arrival, in which case you may be charged a cancellation fee.After you have received services or goods obtained through the Service, you will have the opportunity to rate your experience and leave additional feedback about your Third Party Provider. CANCELLATION If you ever change your mind, or your circumstances change, you can simply cancel the ride. So if a booking is cancelled after a Service Provider has been assigned, we need to compensate them. – If cancellation occurs within 1 minute of booking, there will be no cancellation fee. – Between 1 minute of booking and the Service provider arriving at your location, the cancellation fee will be the minimum fare. Cancellation Fee: 15 QAR.
4. Your Use of the PINKDRIVER Service.
By using the PINKDRIVER Services, you agree to the following restrictions on your use of the PINKDRIVER Service: You warrant that the information you provide to PINKDRIVER is accurate and complete. PINKDRIVER is entitled at all times to verify the information that you have provided and to refuse the PINKDRIVER Service for any reason or no reason. You may only access the PINKDRIVER Service using authorized means. PINKDRIVER is not liable if you do not have a compatible mobile device. PINKDRIVER reserves the right to terminate the PINKDRIVER Service should you attempt to access the PINKDRIVER Service with an incompatible or unauthorized device. You will only use the PINKDRIVER Service for your sole, personal use and will not resell it to a third party; You will not authorize others to use your account; You will not assign or otherwise transfer your account to any other person or legal entity; You will not use an account that is subject to any rights of a person other than you without appropriate authorization; You will not use the PINKDRIVER Service for unlawful purposes, including but not limited to sending or storing any unlawful material or for fraudulent purposes; You will not use the PINKDRIVER Service to cause nuisance, annoyance or inconvenience; You will not try to harm the PINKDRIVER Service or impair the proper operation of any related network, platform or application in any way whatsoever; You will not copy, or distribute the PINKDRIVER Service or any portion or feature thereof without advance written permission from PINKDRIVER; You will keep secure and confidential your account password or any identification we provide you which allows access to the PINKDRIVER Service; You will provide us with whatever proof of identity we may reasonably request; You are aware that when requesting services by SMS if available in your jurisdiction), standard messaging charges will apply; You will not use the PINKDRIVER Service with an incompatible or unauthorized; You will comply with all applicable laws and regulations while using the PINKDRIVER Service. PINKDRIVER reserves the right to immediately Terminate the PINKDRIVER Service should you not comply with any of the foregoing. You will comply with all applicable law from your home nation, the country, state and/or city in which you are present while using the Application or Service. PINKDRIVER reserves the right to immediately terminate the Service and the use of the Application should you not comply with any of the foregoing.
5. No Employment/Agent/Broker Relationship.
PINKDRIVER is not an employment service and does not serve as an employer of any user of the PINKDRIVER Service or Provider. PINKDRIVER is not liable for any tax or withholding, including but not limited to unemployment insurance, employer’s liability, social security or payroll withholding tax in connection with any use of the PINKDRIVER Service or Provider’s services. No brokerage, agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship is intended or created by these User Terms. Without limiting the foregoing, except as expressly set forth herein, PINKDRIVER is not acting and does not act as an agent or broker for any users, Providers, or any other user of the PINKDRIVER Service.
6. Indemnification.
By using the PINKDRIVER Service, you agree that you shall defend, indemnify and hold PINKDRIVER, its affiliates, its licensors, and each of their officers, directors, other users, 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: (a) your violation or breach of any term of these User Terms or any applicable law or regulation, whether or not referenced herein; (b) your violation of any rights of any third party, including Providers arranged via the PINKDRIVER Service, or (c) your use or misuse of the PINKDRIVER Service.
1. Liability Limitation.
BY USING THE PINKDRIVER SERVICE OR ANY PORTION THEREOF, YOU AGREE THAT PINKDRIVER AND ITS AFFILIATES SHALL NOT BE LIABLE TO YOU FOR: (i) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), LOSS OF GOODWILL OR BUSINESS REPUTATION, LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS; AND (ii) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING, BUT NOT LIMITED TO, LOSS OR DAMAGE AS A RESULT OF (a) ANY CHANGES WHICH WE MAY MAKE TO THE PINKDRIVER SERVICE, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN PROVIDING THE PINKDRIVER SERVICE (OR ANY SERVICES OFFERED THROUGH OR FEATURES OF THE PINKDRIVER SERVICE), (b) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE PINKDRIVER SERVICE, (c) YOUR FAILURE TO PROVIDE PINKDRIVER WITH ACCURATE ACCOUNT INFORMATION, (d) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL, (e) YOUR USE OR MISUSE OF THE PINKDRIVER SERVICE, (f) ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, AND/OR (g) HYPERLINKS TO WEB SITES OR CONTENT OR RESOURCES PROVIDED BY COMPANIES OR PERSONS OTHER THAN PINKDRIVER. THESE FOREGOING LIMITATIONS ON OUR LIABILITY SHALL APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
7. Disclaimer.
The information, recommendations and/or services provided to you on or through the PINKDRIVER Service is for general informational purposes only and does not constitute advice. PINKDRIVER does not guarantee continuous, uninterrupted access to the PINKDRIVER Service. Although PINKDRIVER attempts to maintain the integrity and accuracy of the information accessible through the PINKDRIVER Service, we make no guarantees as to its correctness, completeness, or accuracy. Portions of the PINKDRIVER Service may contain typographical errors, inaccuracies, or other errors or omissions. PINKDRIVER cannot and does not guarantee that (the contents of) the PINKDRIVER Services (including the PINKDRIVERAPP.com website and the PINKDRIVER mobile application) are free of errors, defects, malware and viruses. PINKDRIVER reserves the right to cancel any payment, even if it has been previously confirmed by us in writing, as a result of incorrect or mistaken pricing or product or service description or other error. If we do cancel a payment, you will receive a full refund or credit as appropriate and you acknowledge and agree that a refund or credit is your sole remedy. The quality of the services requested through the use of the PINKDRIVER Service is entirely the responsibility of the Provider who ultimately provides such services to you. PINKDRIVER under no circumstance accepts liability in connection with and/or arising from the services provided by the Provider or any acts, action, behavior, conduct, and/or negligence on the part of the Provider and you hereby agree to release PINKDRIVER from all liability and claims arising from the foregoing. Any complaints about the services provided by the Provider should therefore be submitted to the Provider. PINKDRIVER AND ITS AFFILIATES PROVIDE THE PINKDRIVER SERVICE “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE PINKDRIVER SERVICE IS AT YOUR SOLE RISK AND THAT PINKDRIVER AND ITS AFFILIATES DO NOT REPRESENT OR WARRANT TO YOU THAT: (i) YOUR USE OF THE PINKDRIVER SERVICE WILL MEET YOUR REQUIREMENTS; (ii) YOUR USE OF THE PINKDRIVER SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR; (iii) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE PINKDRIVER SERVICE WILL BE ACCURATE OR RELIABLE; AND (iv) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS A PART OF THE PINKDRIVER SERVICE WILL BE CORRECTED. PINKDRIVER AND ITS AFFILIATES SPECIFICALLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM PINKDRIVER OR ITS AFFILIATES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
8. License Grant, Restrictions and Copyright Policy.
For purposes of these User Terms, the following definitions apply: “Content” means all content featured or displayed, including, but not limited to, logos, icons, trademarks, text, graphics text, graphics, photographs, images, moving images, sound, illustrations, music, software (excluding the PINKDRIVER mobile application), opinion, remarks, comments, artwork, links, questions, suggestions, information or other materials. “PINKDRIVER Content” means Content owned or used by PINKDRIVER, its affiliates or licensors and made available through the PINKDRIVER Service (including the PINKDRIVERAPP.com website and PINKDRIVER mobile application), including any Content licensed from a third party, but excluding User Content. “User Content” means Content that a PINKDRIVER user posts, uploads, publishes, submits or transmits to be made available on the PINKDRIVER website or through the PINKDRIVER Service. “Collective Content” means, collectively, PINKDRIVER Content and User Content. Subject to your compliance with these User Terms, PINKDRIVER grants you a limited, non-exclusive, non-transferable license: to view, download and print any PINKDRIVER Content solely for your personal and non-commercial purposes; and to view any User Content to which you are permitted access solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section. You may not use, copy, adapt, modify, create derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, reproduce, transmit, stream, broadcast or otherwise exploit the PINKDRIVER Service or Collective Content, except as expressly permitted in these User Terms. You may not reuse any Collective Content without first obtaining the written consent of PINKDRIVER. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by PINKDRIVER or its licensors, except for the licenses and rights expressly granted in these User Terms.
9. License Granted by User.
We may, in our sole discretion, permit users to post, upload, publish, submit or transmit User Content on the PINKDRIVER Service. User Content will be deemed non-confidential and non-proprietary. Accordingly, PINKDRIVER shall have the right and you hereby grant PINKDRIVER the non-exclusive, royalty-free, perpetual right to use, copy, publicly display, publicly perform, modify, create derivative works of and otherwise use or exploit, for any purpose, in any medium and throughout the world, any Content that you post, upload, publish, submit or transmit to be made available on the PINKDRIVER website or through the PINKDRIVER Service (“License Grant”). You represent and warrant that any Content posted or transmitted by you does not and will not infringe any third party rights, including any intellectual property rights, rights of privacy or personality rights and does not contain any defamatory content. Furthermore, you represent and warrant that you have obtained all necessary permission to post any such Content and to grant PINKDRIVER the rights granted in the License Grant without restriction. You acknowledge that PINKDRIVER only acts as a passive conduit for the distribution of the User Content and is not responsible or liable to you or to any third party for the content or accuracy of the User Content. PINKDRIVER does not continuously monitor User Content published by you or any other user or moderate between users and PINKDRIVER is under no obligation to do so. Without limiting the foregoing, you acknowledge and agree that any remarks, opinions, comments, suggestions and other information expressed or included in the User Content do not necessarily represent those of PINKDRIVER. Any use by you of the User Content is entirely at your own risk. You agree to indemnify and hold harmless PINKDRIVER, its affiliates and licensors against all costs, expenses, damages, losses and liabilities incurred or suffered by PINKDRIVER or its affiliated companies related to any Content posted or transmitted by you or your other use of the PINKDRIVER Service. PINKDRIVER reserves the right at its sole discretion to block or remove (in whole or in part) any User Content which PINKDRIVER believes is not in accordance with these User Terms (including materials which infringe or may infringe third party intellectual property rights, rights of privacy or personality rights), or is otherwise unacceptable to PINKDRIVER.
10. PINKDRIVER Mobile Application License.
Subject to your compliance with these User Terms, PINKDRIVER grants you a limited non-exclusive, non-transferable license to use the PINKDRIVER mobile application and to access the PINKDRIVER Service via a single mobile device that you own or control and to run such copy of PINKDRIVER mobile application solely for your own personal use. You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the PINKDRIVER mobile application in any way; (ii) modify or make derivative works based upon the PINKDRIVER Service or PINKDRIVER mobile application; (iii) create Internet “links” to the Service or “frame” or “mirror” the PINKDRIVER mobile application on any other server or wireless or Internet-based device; (iv) reverse engineer or access the PINKDRIVER mobile application in order to (a) design or build a competitive product or service, (b) design or build a product using similar ideas, features, functions or graphics of the PINKDRIVER Service or PINKDRIVER mobile application, or (c) copy any ideas, features, functions or graphics of the PINKDRIVER Service or PINKDRIVER mobile application, or (v) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the PINKDRIVER Service or PINKDRIVER mobile application. You shall not: (i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party rights; (iii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the PINKDRIVER Service or the data contained therein; or (v) attempt to gain unauthorized access to the PINKDRIVER Service or its related systems or networks. PINKDRIVER will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. PINKDRIVER may involve and cooperate with law enforcement authorities in prosecuting users who violate these User Terms. You acknowledge that PINKDRIVER has no obligation to monitor your access to or use of the PINKDRIVER Service or Collective Content or to review or edit any Collective Content, but has the right to do so for the purpose of operating the PINKDRIVER Service, to ensure your compliance with these User Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. PINKDRIVER reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that PINKDRIVER, at its sole discretion, considers to be in violation of these User Terms or otherwise harmful to the PINKDRIVER Service.
11.. Third Party Interactions.
During the use of the PINKDRIVER Service, links to websites that are owned and controlled by third parties may be provided from time to time in order to enter into correspondence with, purchase goods or services from, participate in promotions of third parties. These links take you off the PINKDRIVER Service and are beyond PINKDRIVER’s control. During use of the PINKDRIVER Service, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of third party service providers, advertisers or sponsors showing their goods and/or services through a link on the PINKDRIVER Service. These links take you off the PINKDRIVER Service and are beyond PINKDRIVER’s control. The websites you can link to have their own separate terms and conditions as well as a privacy policy. PINKDRIVER is not responsible and cannot be held liable for the content and activities of these websites. You therefore visit or access these websites entirely at your own risk. Please note that these other websites may send their own cookies to users, collect data or solicit personal information, and you are therefore advised to check the terms of use or privacy policies on those websites prior to using them.
12. Termination of the Agreement.
The agreement between PINKDRIVER and you embodied by these User Terms may be terminated at any time. If you wish to terminate the Agreement, you must permanently delete the PINKDRIVER mobile application installed on your smart phone, thus disabling your use of the PINKDRIVER Service. PINKDRIVER is entitled to terminate the Agreement at any time and with immediate effect (by disabling your use of the PINKDRIVER Service). PINKDRIVER is not obliged to give notice of the termination of the Agreement in advance. After termination PINKDRIVER will give notice thereof if required by these User Terms.
13. Modification of the Service and User Terms.
PINKDRIVER may change these User Terms and will post the modified terms (which shall then become the agreement between you and PINKDRIVER) with the new effective date listed above. PINKDRIVER will also give you prior notice that the User Terms have been changed using the contact information provided by you. Therefore, you agree to keep your account information up-to-date. PINKDRIVER also encourages you to check the terms of these User Terms from time to time to see if they have been updated. If you do not agree to the modified User Terms, your sole recourse is to stop using the PINKDRIVER Services. Your continued use of the PINKDRIVER Services after the date the modified User Terms are posted will constitute your acceptance of the modified User Terms.
14. Notice.
PINKDRIVER may give notice by means of a general notice on the PINKDRIVER Service or mobile application, or by electronic mail to your email address on record in PINKDRIVER’s account information.
15. Network Delays The company’s service and software may be subject to limitations, delays, and other problems inherent in the use of the internet, telecommunications networks and electronic communications. the company is not responsible for any delays, delivery failures, or other damage resulting from such problems
16. Contact Us.
If you have any questions about the Terms and Conditions of the PINKDRIVER Service, please contact us at: PINKDRIVER
Office No-19, Street No-900, First Floor, Area No-55, Muither City, Doha-Qatar.
P.O. Box No: 40799
+974-44430217
[email protected]