Terms and Conditions URL (DRIVER)
Driver Terms & Conditions of Service
Updated 11th January 2019
JETRIDE (“JETRIDE” or “we”) provides a software application called JETRIDE PASSENGER & DRIVER APP and a system that, amongst other things, lets passengers see nearby available Driver Partners on a map, connect in real-time (including by mobile phone) and pay for taxi vehicle transportation services through the JETRIDE application (the “JETRIDE TAXI”).
The JETRIDE service is designed to give you as much control and ownership over how you manage your work as possible, and generally help passengers and drivers connect more efficiently. You however must be responsible for your own use of the JETRIDE service and your own behavior as a Driver Partner. In particular, you must ensure that you comply with all relevant laws and take all reasonable care for your own safety and the safety of others. If you have any questions or feedback on the JETRIDE service you can contact us at [email protected]
SUMMARY OF IMPORTANT TERMS AND CONDITIONS
– Only accept a job if you are confident that you can complete it
– Do not abandon a job once you have accepted it unless absolutely necessary i.e. your vehicle is broke down
– When you accept a job, always drive directly to the Passenger’s pick up location
– Always be polite and respectful to the Passenger
Report any unacceptable Passenger conduct to [email protected] or our customer care hotline
Do not talk on the phone, eat or use offensive language during a job
– Always be presentable and have good personal hygiene.
Passenger Payments Fraud Prevention
– Passenger Fraud is a serious issue with online payments and we require your help to prevent credit card fraud
– JETRIDE is not able to verify passengers or their payment details
– Drivers should only process in-app payments up to a maximum of 50,000.00 Naira per job and a maximum job duration of 6 hours
– All in-app payments must relate to a job that has been booked and GPS tracked via the JETRIDE application.
Processing a payment via the app for a job which has not been booked and tracked in app is strictly prohibited
– Any suspected transactions such as:
overnight jobs lasting more than 3 hours;
Passengers asking the Driver to wait for extended periods;
multiple trip destinations not entered via the app; or
large tips and /or offers to pay more than the metered fare,
must not be processed via the app and should be reported to JETRIDE via [email protected]
Failure to follow the above fraud prevention rules will result in non payment of the fare.
1. YOUR USE OF THE JETRIDE SERVICE
1.1 You can only use the JETRIDE service if you are and remain a licensed and accredited Driver Partners and provide and update the required information for registration as a Driver Partner. Driver Partners are obliged to have professional driver’s license approved by the Republic, the vehicle must be licensed as Private car by the Relevant Authority, the 3rd party insurance must be paid and valid and passed.
1.2 You agree:
1.2.1 and commit that all information and details provided by you to us (including on registration) are true, accurate and up-to-date in all respects and at all times. You can update or correct your details at any time via the JETRIDE application or contact us directly [email protected]
1.2.2 your use of the JETRIDE service grants you no rights in relation to our copyright, trademarks or other intellectual property rights (including, without limitation, rights in and to logos, graphics, photographs, animations, videos, JETRIDE software, applications and website) or the intellectual property of our partners, other than the non-transferable, personal right to use and receive the JETRIDE service in accordance with these Terms;
1.2.3 that you will not use the JETRIDE service: for any unlawful purpose; in any way that interrupts, damages, impairs or renders the JETRIDE service less efficient; to transfer files that contain viruses, trojans or other harmful programs; to access or attempt to access the accounts of other users (including other passengers or drivers) or to penetrate or attempt to penetrate any security measures; to disseminate any content which is defamatory, obscene, or may have the effect of being harassing, threatening or abusive to an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability or otherwise; to advertise or promote third party or your own products or services (other than your driving services in the normal course of using the JETRIDE service);
1.2.4 and warrant that: you have all the appropriate licenses, approvals and authority to provide taxi transportation services to passengers; that you own or have the legal right to operate the taxi vehicle you use when using the JETRIDE service and that such vehicle meets all relevant safety standards; and that you have valid insurance cover for your vehicle and services;
1.2.5 to refrain from doing anything which we reasonably believe to be disreputable or capable of damaging our reputation, including without limitation creating any false bookings or otherwise breaching our Driver Code of Conduct;
1.2.6 and acknowledge that we have no control over the nature and content of communications between you and other users of the JETRIDE service. If you have a complaint about another user please contact us via e-mail [email protected] or customer care hotline;
1.2.7 that you will comply with all applicable laws and be responsible for the provision of your taxi transportation services to passengers (including without limitation, following safety laws in relation to the use of mobile devices whilst driving);
1.2.8 to compensate and defend us fully against any claims or legal proceedings brought against us by any other person as a result of your breach of these Terms.
1.3 In relation to the reporting information that we provide, we use all reasonable endeavors to ensure that such information is accurate but we can’t guarantee that it will always be accurate or correct and therefore you should keep your own records and use your own judgment when acting on the basis of information provided.
1.4 Please note that we are not responsible for the behavior, actions or inactions of passengers. Any contract for the provision of taxi transportation services is between you and the passenger, and not JETRIDE TAXI. JETRIDE TAXI provides a platform to connect providers of transport services to passengers and to facilitate payments for those services provided, in an agency capacity only.
1.5 You must not accept any job on behalf of another driver.
1.6 You must not accept any job that you cannot complete immediately.
1.7 If you made the order cancellation after accepting the orders without any reason and didn’t inform JETRIDE the account will be suspended.
1.8 The Agreement enters into force as of clicking „I ACCEPT“ button or by signing the hard copy by the JET TECH Company/ Driver Partners. Agreement is entered into for an indefinite term.
2. JETRIDE PAYMENT TERMS
2.1 All information of payment terms and conditions is provided in a separate agreement between JETRIDE TAXI and Driver Partners upon the registration in the application.
3. FRAUD PAYMENTS PREVENTION
3.1 We have the right to suspend the processing of any transaction where we reasonably believe that the transaction may be fraudulent or involves any criminal activity or where we reasonably believe you to be in breach of these terms.
3.2 Any fees due to you shall be paid by us less:
any fees for use of the JETRIDE service, (ii) any chargebacks where a passenger disputes the services you provided and we believe you have not taken sufficient steps to avoid such fraud; and (iii) any fees or costs or expenses in connection with assessments which card schemes or other financial institutions require us or you to pay. You agree to co-operate with and support us (including through the provision of relevant information) in the event of a dispute over any transaction.
3.3 The balance of any payments owing to you from passengers will be provided within 24-48Hrs. We may withhold or delay payments to you where:
Where the owner of the card or Passenger denies authorizing or we have reasonable grounds to suspect that the passenger did not authorize the relevant transaction; or
Pending investigation where a transaction is considered to be fraudulent or otherwise suspicious or where a transaction requires validation with a card issuer.
The corporate clients which reconciliation takes place on a monthly basis. 3.4 You acknowledge that payment providers may ask that they or we conduct an audit of your activities to ensure compliance with these Terms and the use of the JETRIDE service and you agree to co-operate fully with any such audit. You further agree that you will co-operate in relation to any financial crime screening that is required and to assist us in complying with any laws and card or financial institution rules or policies.
3.5 You acknowledge that JETRIDE does not provide payment protection or guarantees in relation to transactions with passengers. This means that you may bear the risk in the event that a transaction proves to be fraudulent or unauthorized, particularly where JETRIDE determines that you have not taken sufficient steps to avoid that fraud.
3.6 You acknowledge that although JETRIDE requires Passengers to enter contact details and a payment method on registration, JETRIDE is not able to verify the identify of Passengers. JETRIDE relies on Drivers to detect and report suspicious activity and potential payments fraud.
3.7 You agree that you will terminate any job, not accept payment via the app and notify JETRIDE immediately ([email protected]) where any Passenger engages in behavior that is suspicious.
Suspicious behavior would typically include:
Passengers who take long duration trips with multiple locations, particularly where the Driver is asked to wait for extended periods;
Passengers who appear to have little regard for the cost of the fare or offer large tips; and
Passengers who use their JETRIDE account to pay for the fare of another
3.8 You acknowledge that JETRIDE only permits jobs from one location to another lasting no longer than six hours in duration. Booking a driver for a period of time (e.g. for 8 hours) and/or taking payment in advance is strictly prohibited. Round trips (excursions) are excluded and should be paid in full. Corporate clients are excluded and will pay for their employees’ orders in accordance with the invoice issued by JETRIDE TAXI at the end of each week on executed orders within the statement period.
3.9 You agree that you will only accept payment via the app for the Passenger who travels in your taxi and owns the JETRIDE account. If you are unsure or suspicious, you should ask the Passenger to show you photo ID, which matches their JETRIDE account name. “JETRIDE Family” accounts are excluded.
3.10 You agree that you will never provide cash out to a passenger.
3.11 You agree that you will not process any metered fare greater than 35,000:00 Naira and you will not process more than 1 fare with the same Passenger, in order to breach this in app payment limit.
3.12 You acknowledge that any payment processed by a driver in breach of the above terms, will be withheld for a period of 3 months, in order to ascertain whether the payment has been rejected by the cardholder.
4. REFERAL PROGRAMS
4.1 JETRIDE operates a driver and passenger referral program with the aim of introducing new drivers and genuine Passengers to the Platform. From time to time, JETRIDE also offers driver job bonuses.
4.2 You acknowledge and agree that the Passenger Referral Codes may only be used to recruit Passengers who regularly use JETRIDE.
4.3 You acknowledge and agree that the use of referral codes and voucher credit by yourself, family members or with other Drivers is strictly prohibited.
4.4 You agree that JETRIDE has absolute discretion in determining which Passenger accounts and jobs are considered to be eligible for our referral program.
4.5 We reserve the right to suspend, restrict or terminate your access to the JETRIDE service and withhold any job related payments, if at any time we believe that you have not complied with the above terms and conditions.
5. TERM & TERMINATION
5.1 We may terminate these Terms and close any account you have with us by giving you 1 business day notice in writing by email to your registered email address. We may also terminate these Terms and close your account after we investigate you , then without notice if you commit a material breach of any of your obligations under these Terms or the Driver Code of Conduct or if you cease to be an accredited driver.
5.2 We reserve the right to suspend, restrict or terminate your access to the JETRIDE service at any time without notice if we have reasonable grounds to believe you have breached any of these Terms or the Driver Code of Conduct. This shall not limit our right to take any other action against you that we consider appropriate to defend our rights or those of any other person.
5.3 You may cancel these Terms at any time by simply closing your account by following the instructions on the JETRIDE app.
6. OUR LEGAL OBLIGATIONS AND LIMITS ON OUR LIABILITY
6.1 The JETRIDE service comes with consumer guarantees under Nigeria consumer law that cannot be excluded by these Terms. These include that we will provide the JETRIDE service with due care and skill. Nothing in these Terms affects your statutory rights as a consumer. We make no express warranties beyond the consumer guarantees.
6.2 Subject to clause 5.1, we are not liable for: (i) the actions or inactions of any passengers or other drivers; (ii) loss caused by our breach of these Terms which does not arise in the natural and ordinary course of events, or which exceeds 30,000:00 Naira;
loss of revenue, profit, reputation, opportunity, data or information; or (iv) failure to provide the JETRIDE service or to meet any of our obligations under these Terms where such failure is due to events beyond our control (for example a network or third party software failure).
7. PRIVACY STATEMENT
7.1 By registering as a Driver Partner, you acknowledge and consent to our collection of your personal information including your name, location, mobile number, vehicle information, financial information (such as your bank account details) and email address.
7.2 This personal information is collected and may be used for the purposes of registering and managing your driver account with JETRIDE; providing you with the JETRIDE service or offers in relation to the JETRIDE service; placing you in contact wit h
potential passengers and jobs; processing payments to you (where applicable); contacting you in respect of any queries or complaints; for our internal business purposes (such as our accounting or management purposes); if required or authorized by law and for the purposes of complying with our legal or regulatory obligations; or for any other purposes you may reasonably expect.
7.3 From time to time, we may disclose your personal information to our staff and to third parties, for example: to passengers in order to connect you with potential passengers and jobs; to third parties, agents, contractors or suppliers who assist us in the provision of the JETRIDE service (for example, payment processors, website hosting service providers, information cloud storage service providers, customer care services); law enforcement authorities, agencies or regulators in order to comply with our legal and regulatory obligations; and other platforms to which you have asked JETRIDE to interface. Driver personal information is hosted by AMAZON.
7.4 If you are not comfortable giving us permission to collect and manage your personal information in this manner, you do not have to provide us with your personal information. However, if you do not provide us with certain required personal information we will be unable to provide you with, and you will not be able to avail yourself of the full JETRIDE service.
8.1 You are liable for and agree to indemnify us against all claims, liabilities, penalties, suits and actions, resulting directly or indirectly from:
any information that you have provided to us which is false, misleading, or otherwise inaccurate or incomplete;
your breach of any applicable laws and regulations;
your breach of any of the Terms; or
a misuse of the JETRIDE service by you.
This clause will survive the termination of this Agreement.
9. DISPUTE RESOLUTION
If you wish to provide us with any feedback; make a complaint in relation to the JETRIDE service; or make a complaint about other users of the JETRIDE service, please email us at [email protected]
Each party agrees to act reasonably in seeking to resolve any disputes arising under these Terms. You acknowledge and agree that you will not, for the duration of this Agreement, make any disparaging comments about us on social media or any public forum.
10.1 Entire Agreement. This Agreement and any document expressly referred to in this Agreement form the entire agreement between you and us and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing.
10.2 Relationship of the parties. The relationship between the parties under this Agreement is that of independent contractors. This Agreement is not an employment agreement and does not create an employer-employee relationship between the parties. No joint venture, partnership or agency relationship exists between the parties.
10.3 Assignment. These Terms are personal to you. You may not transfer your rights or obligations under these Terms to anyone else. However, you acknowledge and agree that we may transfer our rights or obligations or sub-contract our obligations under these Terms to another legal entity provided that this will not adversely affect the standard of service you receive under these Terms. As set out in clause 5, you may terminate your agreement with us at any time.
10.4 No waiver. Any delay by us in exercising a right under these Terms do not operate as a waiver of that right. If you breach these Terms and we take no action against you, we will still be entitled to take action in any other situation where you breach these Terms.
10.5 Severability. If any part of these Terms is disallowed or found to be ineffective by any court or regulator, the other provisions shall continue to apply.
10.6 Amendment. We may amend these Terms from time to time in order to reflect changes to the JETRIDE service (including the JETRIDE Application) in which case we will give you reasonable notice either by email or via the JETRIDE Application. Your continued use of the JETRIDE Service constitutes your acceptance of the changes and your consent to be bound by the amended Terms. As set out in clause 5 you may terminate your agreement with us at any time.
10.7 Notices. Any notice to be delivered by us to you under this Agreement will be delivered to your registered email address. Any notice delivered by you to us under this Agreement will be delivered by you emailing us at [email protected]
10.8 Governing law. These Terms are governed by the laws of the Federal Republic of Nigeria.
10.9 Commission. The commission for every trip between the Driver Partners and the Passenger is a flat rate of N50 only and must be paid immediately without delay.
By downloading or using the app, these terms will automatically apply to you – you should make sure therefore that you read them carefully before using the app. You’re not allowed to copy, or modify the app, any part of the app, or our trademarks in any way. You’re not allowed to attempt to extract the source code of the app, and you also shouldn’t try to translate the app into other languages, or make derivative versions. The app itself, and all the trade marks, copyright, database rights and other intellectual property rights related to it, still belong to JET TECH COMPANY.
JET TECH COMPANY is committed to ensuring that the app is as useful and efficient as possible. For that reason, we reserve the right to make changes to the app or to charge for its services, at any time and for any reason. We will never charge you for the app or its services without making it very clear to you exactly what you’re paying for.
The JETRIDE app stores and processes personal data that you have provided to us, in order to provide our Service. It’s your responsibility to keep your phone and access to the app secure. We therefore recommend that you do not jailbreak or root your phone, which is the process of removing software restrictions and limitations imposed by the official operating system of your device. It could make your phone vulnerable to malware/viruses/malicious programs, compromise your phone’s security features and it could mean that the JETRIDE app won’t work properly or at all.
You should be aware that there are certain things that JET TECH COMPANY will not take responsibility for. Certain functions of the app will require the app to have an active internet connection. The connection can be Wi-Fi, or provided by your mobile network provider, but JET TECH COMPANY cannot take responsibility for the app not working at full functionality if you don’t have access to Wi-Fi, and you don’t have any of your data allowance left.
If you’re using the app outside of an area with Wi-Fi, you should remember that your terms of the agreement with your mobile network provider will still apply. As a result, you may be charged by your mobile provider for the cost of data for the duration of the connection while accessing the app, or other third party charges. In using the app, you’re accepting responsibility for any such charges, including roaming data charges if you use the app outside of your home territory (i.e. region or country) without turning off data roaming. If you are not the bill payer for the device on which you’re using the app, please be aware that we assume that you have received permission from the bill payer for using the app.
Along the same lines, JET TECH COMPANY cannot always take responsibility for the way you use the app i.e. You need to make sure that your device stays charged – if it runs out of battery and you can’t turn it on to avail the Service, JET TECH COMPANY cannot accept responsibility.
With respect to JET TECH COMPANY’s responsibility for your use of the app, when you’re using the app, it’s important to bear in mind that although we endeavour to ensure that it is updated and correct at all times, we do rely on third parties to provide information to us so that we can make it available to you. JET TECH COMPANY accepts no liability for any loss, direct or indirect, you experience as a result of relying wholly on this functionality of the app.
At some point, we may wish to update the app. The app is currently available on Android & iOS – the requirements for both systems(and for any additional systems we decide to extend the availability of the app to) may change, and you’ll need to download the updates if you want to keep using the app. JET TECH COMPANY does not promise that it will always update the app so that it is relevant to you and/or works with the Android & iOS version that you have installed on your device. However, you promise to always accept updates to the application when offered to you, We may also wish to stop providing the app, and may terminate use of it at any time without giving notice of termination to you. Unless we tell you otherwise, upon any termination, (a) the rights and licenses granted to you in these terms will end; (b) you must stop using the app, and (if needed) delete it from your device.
Terms and Conditions URL (PASSENGER)
1. Contractual Relationship
Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and JETRIDE. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. JETRIDE may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.
Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Service(s). Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Service(s). Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.
JETRIDE may amend the Terms related to the Services from time to time. Amendments will be effective upon JETRIDE posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable Service(s). Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.
2. The Services
The Services constitute a technology platform that enables users of JETRIDE mobile applications or websites provided as part of the Services (each, an “Application“) to arrange and schedule transportation and/or logistics services with third party providers of such services, including independent third party transportation providers and third party logistics providers under agreement with JETRIDE or certain of JETRIDE affiliates (“Third Party Providers“). Unless otherwise agreed by JETRIDE in a separate written agreement with you, the Services are made available solely for your personal or commercial use. YOU ACKNOWLEDGE THAT JETRIDE DOES NOT PROVIDE TRANSPORTATION OR LOGISTICS SERVICES OR FUNCTION AS A TRANSPORTATION CARRIER.
Subject to your compliance with these Terms, JETRIDE grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal or commercial use. Any rights not expressly granted herein are reserved by JETRIDE and JETRIDE licensors.
You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by JETRIDE; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
Provision of the Services.
You acknowledge that portions of the Services may be made available under JETRIDE various brands or request options associated with transportation or logistics, including the transportation request brands currently referred to as “Karry,” “KarryBike,“. You also acknowledge that the Services may be made available under such brands or request options by or in connection with: (i) certain of JETRIDE subsidiaries and affiliates; or (ii) independent Third Party Providers, including Transportation Network Company drivers, Transportation Charter Permit holders or holders of similar transportation permits, authorizations or licenses.
Third Party Services and Content.
The Services and all rights therein are and shall remain JETRIDE property or the property of JETRIDE licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner JETRIDE company names, logos, product and service names, trademarks or services marks or those of JETRIDE licensors.
3. Your Use of the Services
In order to use most aspects of the Services, you must register for and maintain an active personal user Services account (“Account“). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account. Account registration requires you to submit to JETRIDE certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method (either a credit card or accepted payment partner). You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services or JETRIDE termination of this Agreement with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by JETRIDE in writing, you may only possess one Account.
User Requirements and Conduct.
The Service is not available for use by persons under the age of 18. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive transportation or logistics services from Third Party Providers unless they are accompanied by you. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes (e.g., no transport of unlawful or hazardous materials). You will not in your use of the Services cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider or any other party. In certain instances you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity.
By creating an Account, you agree that the Services may send you informational text (SMS) messages as part of the normal business operation of your use of the Services. You may opt-out of receiving text (SMS) messages from JETRIDE at any time by texting the word STOP to 89203s from the mobile device receiving the messages. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Services.
JETRIDE may, in JETRIDE sole discretion, create promotional codes that may be redeemed for Account credit, or other features or benefits related to the Services and/or a Third Party Provider’s services, subject to any additional terms that JETRIDE establishes on a per promotional code basis (“Promo Codes“). You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by JETRIDE; (iii) may be disabled by JETRIDE at any time for any reason without liability to JETRIDE; (iv) may only be used pursuant to the specific terms that JETRIDE establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. JETRIDE reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that JETRIDE determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.
User Provided Content.
JETRIDE may, in JETRIDE sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to JETRIDE through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions (“User Content“). Any User Content provided by you remains your property. However, by providing User Content to JETRIDE, you grant JETRIDE a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and JETRIDE business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant JETRIDE the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor JETRIDE use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by JETRIDE in its sole discretion, whether or not such material may be protected by law. JETRIDE may, but shall not be obligated to, review, monitor, or remove User Content, at JETRIDE sole discretion and at any time and for any reason, without notice to you.
Network Access and Devices.
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. JETRIDE does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
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, JETRIDE 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 JETRIDE. You retain the right to request lower Charges from a Third Party Provider for services or goods received by you from such Third Party Provider at the time you receive such services or goods. JETRIDE will respond accordingly to any request from a Third Party Provider to modify the Charges for a particular service or good.
All Charges are due immediately and payment will be facilitated by JETRIDE using the preferred payment method designated in your Account, after which JETRIDE will send you a receipt by email. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that JETRIDE may, as the Third Party Provider’s limited payment collection agent, use a secondary payment method in your Account, if available.
As between you and JETRIDE, JETRIDE 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 JETRIDE sole discretion. Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase substantially during times of high demand. JETRIDE will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. JETRIDE may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. You 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.
This payment structure is intended to fully compensate the Third Party Provider for the services or goods provided. Except with respect to taxicab transportation services requested through the Application, JETRIDE does not designate any portion of your payment as a tip or gratuity to the Third Party Provider. Any representation by JETRIDE (on JETRIDE website, in the Application, or in JETRIDE marketing materials) to the effect that tipping is “voluntary,” “not required,” and/or “included” in the payments you make for services or goods provided is not intended to suggest that JETRIDE provides any additional amounts, beyond those described above, to the Third Party Provider. You understand and agree that, while you are free to provide additional payment as a gratuity to any Third Party Provider who provides you with services or goods obtained through the Service, you are under no obligation to do so. Gratuities are voluntary. 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.
Repair or Cleaning Fees.
You shall be responsible for the cost of repair for damage to, or necessary cleaning of, Third Party Provider vehicles and property resulting from use of the Services under your Account in excess of normal “wear and tear” damages and necessary cleaning (“Repair or Cleaning“). In the event that a Third Party Provider reports the need for Repair or Cleaning, and such Repair or Cleaning request is verified by JETRIDE in JETRIDE reasonable discretion, JETRIDE reserves the right to facilitate payment for the reasonable cost of such Repair or Cleaning on behalf of the Third Party Provider using your payment method designated in your Account. Such amounts will be transferred by JETRIDE to the applicable Third Party Provider and are non-refundable.
5. Disclaimers; Limitation of Liability; Indemnity.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” JETRIDE DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, JETRIDE MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. JETRIDE DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY.
JETRIDE SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, LOST OR DAMAGED PROPERTY, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED THERETO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF JETRIDE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. JETRIDE SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF JETRIDE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. JETRIDE SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM ANY CAUSE, THE USE OF THE SERVICES OR BY THIRD PARTY PROVIDER. YOU ACKNOWLEDGE THAT THIRD PARTY TRANSPORTATION PROVIDERS PROVIDING TRANSPORTATION SERVICES REQUESTED THROUGH SOME REQUEST BRANDS MAY OFFER RIDESHARING OR PEER-TO-PEER TRANSPORTATION SERVICES AND MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED. IN NO EVENT SHALL JETRIDE TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED THE AMOUNT YOU PAID FOR THE SERVICES.
JETRIDE DOES NOT PROVIDE ANY TYPE OF INSURANCE OF SURETY BOND FOR THE SURVICES PROVIDED.
JETRIDE SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATION, GOODS, OR LOGISTICS SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT JETRIDE HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION, GOODS OR LOGISTICS SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.
THE LIMITATIONS AND DISCLAIMER IN THIS SECTION 5 DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
You agree to indemnify and hold JETRIDE and its officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees), arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) JETRIDE use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Providers.
6. Dispute Resolution
You agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, “Disputes“) will be settled by binding arbitration between you and JETRIDE, except that each party retains the right to bring an individual action to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that you and JETRIDE are each waiving the right to a trial by jury or to participate as a plaintiff or class in any purported class action or representative proceeding. Further, unless both you and JETRIDE otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.
Arbitration Rules and Governing Law.
The arbitration will be administered by the Court ) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the Court Rules“) then in effect, except as modified by this “Dispute Resolution” section. The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the Court Rules. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California and will be selected by the parties from the Court roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the Court will appoint the arbitrator in accordance with the Court Rules.
Arbitration Location and Procedure.
Unless you and JETRIDE otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed N10,000, then the arbitration will be conducted solely on the basis of documents you and JETRIDE submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds N10,000, your right to a hearing will be determined by the Court Rules. Subject to the Court Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
The arbitrator will render an award within the time frame specified in the Court Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. JETRIDE will not seek, and hereby waives all rights JETRIDE may have under applicable law to recover, attorneys’ fees and expenses if JETRIDE prevail in arbitration.
Your responsibility to pay any Court filing, administrative and arbitrator fees will be solely as set forth in the Court Rules.
Notwithstanding the provisions of the modification-related provisions above, if JETRIDE changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by providing JETRIDE written notice of such rejection by mail or hand delivery to: JETRIDE Nigeria, LLC, Attn: Dispute Resolutions, (Surulere Lagos), or by email from the email address associated with your Account to: , within 30 days of the date such change became effective, as indicated in the “Last update” date above. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to this “Dispute Resolution” section. By rejecting changes, you are agreeing that you will arbitrate any Dispute between you and JETRIDE in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
7. Other Provisions
Choice of Law.
These Terms are governed by and construed in accordance with the laws ., without giving effect to any conflict of law principles.
Claims of Copyright Infringement.
Claims of copyright infringement should be sent to JETRIDE designated agent. Please visit JETRIDE web page at www.jetride.org for the designated address and additional information.
JETRIDE may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, or by written communication sent by first class mail or pre-paid post to your address in your Account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to JETRIDE, with such notice deemed given when received by JETRIDE, at any time by first class mail or pre-paid post to JETRIDE Nigeria, LLC, Attn: User Notices – Legal, (Surulere Lagos).
You may not assign these Terms without JETRIDE prior written approvals. JETRIDE may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of JETRIDE equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, JETRIDE or any Third-Party Provider as a result of this Agreement or use of the Services. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. JETRIDE failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by JETRIDE in writing. The terms you, person and individual shall include an individual, person or entity.