PLEASE READ THE ENTIRETY OF DOCUMENT CAREFULLY
The Corporation may immediately, at its sole and unfettered discretion, terminate these Terms and cease access to the Products by the Passenger at any time and for any reason. Notice and explanation are not required by the Corporation.
Use of the Products
The Products include but are not limited to a technology platform that enables Passengers to use the Corporation’s mobile application to arrange and schedule transportation and/or logistical services with a driver (the “Contractor”). More specifically, the mobile application allows the Passenger to request that the Contractor either provides them transportation from one location to another or that the Contractor arrive at a location and drive the Passenger, in the Passenger’s vehicle, to another location (the “Service”). The Contractor may fulfill one of two roles when providing the Service to a Passenger; the Contractor may be the one to drive the Passenger, in the Passenger’s vehicle, to the requested location (the “Driver”) or the Contractor may simply drive the Driver to the initial location where the Passenger is waiting to be picked up and drop off the Driver (the “Chaser”). The Corporation does not provide any of the Services to the Passenger and all such Services are provided by the Contractor.
It is understood and agreed by the Corporation, the Passenger and the Contractor that these Terms do not create a fiduciary relationship between the Corporation and either the Passenger or the Contractor. The Contractor is an independent contractor and is not an employee of the Corporation in any capacity. The Passenger acknowledges and agrees that the Corporation shall have no vicarious liability for any actions or negligence of the Contractor. Neither the Corporation nor the Contractor shall have the right or obligation to bind the other in any manner whatsoever.
In order to use the Products, the Passenger must register for and maintain a personal account with the Products (the “Account”). The Passenger agrees to ensure the personal information in the Account remains accurate and up to date at all times. The Passenger is responsible, in all capacities, for all activity that occurs under their Account. The Passenger agrees to maintain the security and secrecy of their Account username and password at all times. The Passenger may only have one Account.
The Passenger is responsible for obtaining the data network required to use the Products as designed. The Passenger is solely responsible for all rates and fees associated with the data usage and any other rates or fees associated with using the Products. The Passenger is responsible for acquiring and updating compatible hardware of devices necessary to access and use the Products and Account as designed. The Corporation does not guarantee or represent that the Products will function on any particular hardware or devices. The Corporation shall not be responsible for any malfunctions and delays associated with the use of the internet, data network or any electronic communication technologies.
Rates and Payment
Payments and rates are calculated before the ride request is sent out. Once the ride is accepted, rates will be charged accordingly. There will be a 5-minute window for cancellation of the ride without penalty. Anything over 5 minutes will result in a $20 dollar charge. No shows will be charged at full rate, forfeiting a refund option. All disputes will be handled with Skip the Ditches Inc. gift cards. All major credit cards are accepted within the app as payment.
Covenants and Guarantees of the Passenger
The Passenger represents and guarantees that:
Should it be made obvious to the Corporation or the Contractor at any time, including but not limited to while the Services are being provided to the Passenger, that the Passenger has breached any of the covenants and obligations of the Passenger under these Terms, the Services shall immediately be terminated at the sole cost of the Passenger. The Passenger shall be responsible for all charges and payments associated with the initial request for Services and all costs associated with the termination of the Services due to their breach of these Terms.
Limitation of Liability and Indemnity
The Products are provided to the Passenger on an “as is” basis. The Corporation specifically denies all representations and warranties, express, or implied, not expressly set out in these Terms, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement. The Corporation makes no representation, warranty or guarantee regarding the reliability, timeliness, quality, suitability or availability of the Products or the Services. The Corporation does not guarantee the quality, suitability, safety or ability of the Products to allow the Services to be provided error or delay free. Any and all risks arising out of the Passenger’s use of the Products, is the sole responsibility of the Passenger to the maximum extent permitted under applicable law.
Under no circumstances, including but not limited to, negligence, shall the Corporation be liable for any direct, indirect, incidental, punitive or consequential damages, including but not limited to lost profits, personal injury, property damage, traffic tickets, driving sanctions, or parking tickets related to or in connection with, or otherwise resulting from any use of the Products or completion of the Services by the Contractor, regardless of whether the Corporation has been advised of the possibility of such damages (“Losses”).
The use of Products and acceptance of the Services may involve risks, dangers and hazards to both person and property and the PASSENGER HEREBY ACCEPT AND ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS, HOWSOEVER CAUSED. The Corporation shall not be responsible or liable for any losses resulting to the Passenger, the property of the Passenger or to any third party for any liabilities, obligations, claims, damages, penalties, and causes of actions, costs and expenses (“Claims”).
Notwithstanding anything contained herein, the liability of the Corporation for any reason and upon any cause of action shall be limited to an amount equal to the total monies paid by the Passenger to the Corporation for the specific Services related to the Claims or Losses.
The Passenger hereby covenant and agree to indemnify and save harmless the Corporation, and its officers, directors, employees, agents and representatives from and against any and all Claims, actions, suits, proceedings, costs, expenses, Losses, damages and liabilities, including solicitors’ fees and disbursements on a solicitor and own client full-indemnity basis, arising out of, connected with or resulting from the use and operation of the Products and/or the Services provided by the Contractor, including, without limitation, the following:
Subject to these Terms remaining binding on the Passenger, the Corporation grants the Passenger a non-exclusive, non-assignable, revocable license to access and use the Products on the Passenger’s personal device solely in connection with providing the Services. The Passenger shall also be permitted to use the Products to access and use any content, information and other materials that are made available through the Products in connection with receiving the Services.
The Passenger expressly acknowledges and agrees that its use of the Products in no way transfer or deem any portion of the Product’s Intellectual Property rights or licenses unto the Passenger. The Passenger may not remove any copyright, trademark or other proprietary notices from any portion of the Product, may not reproduce, modify, prepare derivative works, distribute, license, sell, resell, transfer, publicly display, transmit, or otherwise exploit the Products except as expressly permitted by the Corporation in writing.
For further clarity, Intellectual Property includes; any trademarks associated with the Corporation such as the name, any operating names, any unique terms used within the Products, any logos used within the Product that are not owned by an third party, any marketing materials or designs incorporated into the Product or owned by the Corporation generally, any copyright materials such as code or source material for the Products, or any policies or instruction manuals prepared by the Corporation or for the Corporation.
Amendments to the Terms
Access and use of the Products, request of the Services or receipt pf the Services by the Passenger shall be considered continuous agreement by the Contract to be contractually bound and to act in accordance with these Terms, Policies, and any amendments thereto. To the extent of any conflict between the Terms and any other agreements between the Corporation and the Passenger, the Terms contained herein shall prevail. The Corporation may, from time to time, implement or amend policies for specific Products (the “Policies”) and such Policies are deemed to be a part of these Terms and binding upon the Passenger. The Corporation may, from time to time, amend these Terms and such amendments shall take effect and be binding upon the Passenger from the date and time such amendments are made available to the Passenger through the Products.