“Loans R2” Terms of Use
Last updated: 06 November 2024
These Terms of Use ("Terms") as set forth in this Terms of Use agreement (“Agreement”), as amended from time to time, are a binding contract between you and APT Intersolutions, S.A. de C.V. ("inDrive", "we", "us" or "our") governing your use of the “Loans R2” service (the “Service”) available on inDrive's mobile applications, websites and platform (collectively, the "Platform").
Your use of the Service is also subject to inDrive’s general terms of use at this link ("General Terms"), that are herein incorporated by reference. Capitalized terms that are not defined herein have the meaning assigned to them in the General Terms. The references or definitions used in these Terms may be used interchangeably in singular or plural, feminine or masculine without modifying their assigned meaning.
inDrive’s use of your personal data in relation to the Service is governed by inDrive Privacy Policy (“Privacy Policy”) at https://indriver.com/page/privacyPolicy/es and privacy notice that may be provided to you when you request access to loan offers provided by a third-party provider of financial services (“Lender”) through the Platform.
inDrive makes the Service available to you by tapping the button “Get offer” in the section “Loans” at the Platform. The Service comprises of user interface software allowing you to access loan offers from the Lender.
inDrive does not serve as a financial institution or financial intermediary, nor provides the Service directly. inDrive enables you to use the Service to (i) explore your loan options with the Lender; (ii) receive loan offers from the Lender and enter into a loan agreement with the Lender, which may have a revolving nature (“Loan”); (iii) receive information regarding the terms and status of your Loan obtained through the Service and repayment of such Loan; (iv) to authorize inDrive to facilitate repayment of your Loan by inDrive, on behalf of the Lender, transferring certain amounts from your account balance upon completion of each order at the Platform; and (v) receive customer support in relation to the Service. Loans and all documents and information related to such Loans (including, but not limited to, related offers, terms, repayment status) are provided by the Lender, in the understanding that inDrive will be able to send you, on behalf of the Lender, notifications related to your Loan and marketing communications through the Platform.
Any decision to accept the Loan offer is an independent decision made in your sole discretion and at your own risk. We encourage you to accept Loan offers only if you have carefully read and considered the terms of the Loan offer, the relevant Loan agreement and other related documents (including applicable terms of use), you reasonably assessed all relevant circumstances and you have confidence in your ability to repay the Loan. inDrive does not direct or control the Lender (being a third party) in general or during your contractual relationship with such Lender nor is responsible for the relationship between the Lender and you. The Lender may, at its sole discretion, decide not to make a Loan offer to you or reject your application for a Loan. We are not responsible for commercial decisions of the Lender and have no ability or right to affect it.
These Terms do not replace or affect the applicability of any agreements you may have with the Lender in connection with the Loans.
Please note that we may change any part of these Terms at any time. When we do so, we will post the latest version in our Platform. We will also provide you with reasonable notice of any significant changes that may affect you. Your continued use of the Service after we make changes to these Terms will constitute your acceptance of the updated Terms. You agree that it will be your responsibility to review the Terms and the General Terms regularly, so your continued use of the Service after any such changes, whether or not you have reviewed them, constitute your consent and acceptance of such changes. If you do not agree to such changes, you must stop using the Service.
BY TAPPING THE BUTTON “GET OFFER” IN THE SECTION “LOANS” AT THE PLATFORM OR OTHERWISE USING THE SERVICE, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THE SERVICE.
1. Eligibility
You must be eligible to access the features of the Platform and have an active Driver account in accordance with the General Terms.
2. Price and Repayment
2.1. By using the Service, you grant us permission to access and obtain information about any Loan you have received from the Lender through the Platform, including but not limited to Loan amounts, terms, repayment schedules, balances, and current status.
2.2. We take data privacy and security seriously. Your Loan information will be handled in accordance with our Privacy Policy, all applicable data protection laws and regulations. While we strive to provide accurate and up-to-date information, please note that the accuracy of Loan information is dependent on data provided by the Lender. We cannot guarantee the accuracy or completeness of this information.
2.3. inDrive does not take any fee or commission for accessing or using the Service in addition to those fees, commissions and/or interest payable by you to the Lender under the terms of the Loan.
2.4. If you sign a Loan agreement through the Platform, such agreement will contain a payment instruction (“Payment Instruction”) authorizing inDrive to withhold or instruct to withhold from a third party, on behalf of the Lender, on an hourly basis a percentage of your revenue (gross trips processed) at the Platform and transfer it to the Lender upon successful completion of each order (i.e. when the vehicle arrives with the Passenger(s) at the point of destination) for purpose of repayment of your Loan (“Authorized Transfer”).
2.5. Authorized Transfers will be made by inDrive in accordance with the Payment Instructions every hour if the balance of your personal account is positive (above zero) (or immediately after you top up your balance) for each successfully completed order in accordance with paragraph 2.4 above. We therefore encourage you to keep track of your account balance in the Platform and top it up regularly and/or in advance so that the available balance would be sufficient to cover not only inDrive’s license fee, but also the amount of the Authorized Transfer for the Loan payable to your Lender.
2.6. At any point of time during the term of your Loan, the Lender may, at its sole discretion, offer you to refinance your Loan by replacing it with a new Loan on other terms.
2.7. Once you repay your Loan you are welcome to apply to a new Loan (with no limitation on the number of consequent Loans), however, you may not have simultaneously more than one non-repaid Loan received through the Platform. The Lender may, at its sole discretion, decide not to make a new Loan offer to you or reject your new application for a Loan. We are not responsible for commercial decisions of the Lender and have no ability or right to affect it.
2.8. The cases when your account balance can become negative and you have unfulfilled payment obligations are regulated under the General Terms. When you top up your negative balance the incoming amount will first cover the outstanding inDrive’s license fees and then – the outstanding amount of the Authorized Transfers (if any).
2.9. The Authorized Transfers are not subject to refund. By accepting these Terms you expressly waive the right to demand a refund of the Authorized Transfers, since the same are done on behalf of the Lender, pursuant to the Payment Instruction, without any liability for inDrive.
2.10. If you breach your payment obligations under your Loan, your access to the inDrive application will be limited until you repay all outstanding amounts of your Loan, during this period you will not be able to see passengers' ride requests and negotiate with them.
3. Third Party Content and Services
3.1. InDrive does not have control over, and is not responsible for, any third-party data, content, services, or products (the "Third-Party Content") that you access, download, receive or accept while using the Service or from sites that you navigate to using links in the Service. We are not a publisher of Third-Party Content accessed through Service and are not responsible for such Third-Party Content, or its accuracy, timeliness or delivery of any opinions, advice, statements, messages, services, graphics, data or any other information.
3.2. You acknowledge and agree that inDrive is not responsible for any aspect of the Third-Party Content. You are responsible for evaluating whether you want to access or use Third-Party Content. If you decide to access or use Third-Party Content, you do so at your own risk and agree that you do so subject to the third-party provider’s terms and conditions for such Third-Party Content and to these Terms. inDrive makes no representations or warranties of any kind related to such Third-Party Content, and disclaims any and all such representations and warranties, whether express or implied.
3.3. The Service contains features designed to interoperate with a third-party services, programs, websites (the "Third-Party Service") or Third Party Content that is provided, owned or licensed by a third party. To use such features, you must procure the Third-Party Service from the relevant providers. inDrive does not warrant Third-Party Service in any way. Under no circumstances will we have any liability for Third-Party Service. Use Third-Party Service at your own risk, and under terms and conditions between you and the provider of Third-Party Service that are different than the provisions of these Terms. In any case, even if certain features are located or displayed anywhere within the Platform, these services are always provided by a third-party provider via API connections and not by inDrive.
3.4. If you enable the Third-Party Service for use with the Service, you grant us permission to allow the provider of that Third-Party Service to access your information and data, as required for the proper use of the Service and/or interoperation of that the Third-Party Service with the Service. Processing of your personal data for the purposes of Third-Party Service is governed by the respective third-party privacy policies. We are not responsible for any disclosure, modification or deletion of content or data resulting from access by a Third-Party Service. If the provider of a Third-Party Service ceases to make the Third-Party Service available for interoperation with the corresponding Service features on reasonable terms, we may cease providing the Service’s features without entitling you to any refund, credit, or other compensation.
3.5. From time to time, we may, on behalf of the Lender, to request your participation in interviews, surveys, or other feedback mechanisms to better understand your experience with the Services. Your participation in such activities is voluntary, and you may choose not to participate. By participating in interviews, surveys, or providing feedback to us, you agree to the collection and use of the information and feedback you provide for the purposes of improving the quality of the Services. Any information collected will be treated in accordance with the Privacy Policy.
4. Indemnification
By agreeing to these Terms and/or using the Service, you agree that you will defend, indemnify, and hold harmless inDrive, its officers, directors, members, employees, attorneys, and agents 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 use of the Service, the Service Software and/or the Platform, your dealings with third party service providers, third party providers, partners, advertisers and/or sponsors, or (b) your violation or breach of any of the Terms or any applicable law or regulation, whether or not referenced herein or (c) your violation of any rights of a third party, including third party service providers hosted through the Service, or (d) your use or misuse of the Service, the Service Software and/or the Platform.
5. Limitation of liability
5.1. THE SERVICE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN NO EVENT SHALL INDRIVE BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SERVICE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SERVICE.
5.2. IN NO EVENT WILL INDRIVE OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE SERVICE PROVIDERS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY USE, INTERRUPTION, DELAY OR INABILITY TO USE THE SERVICE SOFTWARE, LOST REVENUES OR PROFITS, DELAYS, INTERRUPTION OR LOSS OF SERVICES, BUSINESS OR GOODWILL, LOSS OR CORRUPTION OF DATA, LOSS RESULTING FROM SYSTEM OR SYSTEM SERVICE FAILURE, MALFUNCTION OR SHUTDOWN, FAILURE TO ACCURATELY TRANSFER, READ OR TRANSMIT INFORMATION, FAILURE TO UPDATE OR PROVIDE CORRECT INFORMATION, SYSTEM INCOMPATIBILITY OR PROVISION OF INCORRECT COMPATIBILITY INFORMATION OR BREACHES IN SYSTEM SECURITY, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES, WHETHER ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
5.3. LIKEWISE, YOU AGREE THAT INDRIVE IS NOT AND SHALL NOT BE LIABLE FOR ANY OF THE OBLIGATIONS ACQUIRED INDIVIDUALLY AND DIRECTLY BETWEEN YOU AND THE LENDER PURSUANT TO ANY LOANS OFFERED BY ANY THIRD PARTIES THROUGH THE PLATFORM.
6. Applicable Law
These Terms are governed by the legislation of Peru. If a disagreement arises, we will first try to resolve it amicably with you. All disputes or claims arising from or in relation to these Terms, including disputes regarding their validity, breach, termination or nullity, will be definitively resolved by the competent federal bodies of Lima, Peru, so that by accepting these Terms, the User irrevocably waives any competence that may correspond to him/her by reason of his present or future domicile.
7. Contact with inDrive
Users are invited to contact inDrive at: https://indrive.com/es/contacts/support/