TERMS & CONDITIONS
Introduction
TERMS & CONDITIONS
This Agreement governs your use of the RIDE CURRENT application, website, call centre and technology platform (collectively, the “RIDE CURRENT Platform”). Generally, the right to operate the RIDE CURRENT Platform is licensed by RIDE CURRENT to its relevant Affiliates, and the relevant Affiliate in your jurisdiction provides you the right to access and use the RIDE CURRENT Platform in your jurisdiction. PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING THE RIDE CURRENT PLATFORM. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT USE OR ACCESS THE RIDE CURRENT PLATFORM. Your access and use of the RIDE CURRENT Platform constitutes your agreement to be bound by this Agreement, which establishes a contractual relationship between you and RIDE CURRENT.
RIDE CURRENT may immediately terminate this Agreement with respect to you, or generally cease offering or deny access to the RIDE CURRENT Platform or any portion thereof, at any time for any reason without notice. Supplemental terms may apply to certain Services (as defined below), such as policies for a particular event, loyalty program, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Services. Supplemental terms are in addition to, and shall be deemed a part of, this Agreement for the purposes of the applicable Services. Supplemental terms shall prevail over this Agreement in the event of a conflict with respect to the applicable Services.
RIDE CURRENT may amend this Agreement from time to time. Amendments will be effective upon RIDE CURRENT‘s posting of an updated Agreement at this location or the amended policies or supplemental terms on the applicable Service. Your continued access or use of the RIDE CURRENT Platform after such posting constitutes your consent to be bound by this Agreement, as amended. Our collection and use of personal information in connection with the RIDE CURRENT Platform is as provided in the RIDE CURRENT ‘s Privacy Policy located at http://www.ridewithcurrent.com/. RIDE CURRENT may provide to a claims processor or an insurer any necessary information (including your contact information) if there is a complaint, dispute or conflict, which may include an accident, involving you and a third party provider and such information or data is necessary to resolve the complaint, dispute or conflict.
RIDE CURRENT Platform The RIDE CURRENT Platform provides a digital network which functions as a marketplace where persons (“Users”) who seek personal transportation services and/or logistics services (“Services”) can be matched with persons, including drivers who can provide the Services. Each User shall create a User account that enables access to the RIDE CURRENT Platform. Any decision by a User to make use of or accept Services is a decision made in such User’s sole discretion. Each Service provided by a Driver or other third party provider to a User shall constitute a separate agreement between such persons. Materials posted on the RIDE CURRENT Platform are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility
(i) certain Affiliates; or
(ii) independent third party contractors, including transportation network company drivers or holders of similar transportation permits, authorizations or licences. It is at RIDE CURRENT’s discretion which brands or request options are made available to you.
Use of the RIDE CURRENT Platform User Accounts. In order to use most aspects of the RIDE CURRENT Platform, you must register for and maintain an active personal User account (“Account”). You must be at least 18 years of age to obtain an Account. Account registration requires you to submit to RIDE CURRENT certain personal information, such as your name, address, mobile phone number, gender and age. 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 may result in your inability to access and use the RIDE CURRENT Platform, including your ability to request access to your personal information or to opt in or out of marketing preferences, or RIDE CURRENT’s termination of this Agreement with you. You agree to maintain the security and secrecy of your Account username and password at all times. You agree and understand that you are responsible for all activity that occurs under your Account, even as a result of loss, damage or theft of the device through which you access the RIDE CURRENT Platform. Unless otherwise permitted by RIDE CURRENT in writing, you may only possess one Account.
User Accounts. The RIDE CURRENT Platform is not available for use by persons under the age of 18 and may only be used by individuals who can form legally binding contracts under applicable law. You may not authorise third parties to use your Account, and you may not allow persons under the age of 18 to receive transportation services from Drivers unless they are accompanied by you or another adult. It is your sole responsibility to wear helmets at all times while riding the micro mobility product. The micro-mobility product can be reserved by you for minors provided they are over 15 years of age and are permitted to use the product in the intended way under applicable laws in your jurisdiction. You are responsible for ensuring that the minor wears a helmet at all times and that they perform safety-checks on the micro-mobility product prior to use. You must educate the minor on the laws that apply to them in their use of the product and must supervise their use at all times. You are solely and exclusively responsible for the activity of minors that you make a reservation for and their use of the micro-mobility products. 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 RIDE CURRENT Platform, and you may only use the RIDE CURRENT Platform for lawful purposes. You shall not, for the avoidance of doubt, use the RIDE CURRENT Platform to transport, facilitate or procure the transport of illegal or banned substances or items. You will not, in your use of the RIDE CURRENT Platform, cause nuisance, annoyance, inconvenience, or property damage, whether to a Driver, Limousine Partner, other third party provider or any other party. In certain instances, you may be asked to provide proof of identity to access or use the RIDE CURRENT Platform, and you agree that you may be denied access to or use of the RIDE CURRENT Platform if you refuse to provide proof of identity. Failure to comply with the terms of this section may result in our taking certain actions against you, including but not limited to:
(i) immediate, temporary or permanent withdrawal of your right to use the RIDE CURRENT Platform
(ii) legal action against you including proceedings for reimbursement of all costs on an (including, but not limited to, reasonable administrative and legal costs) resulting from the breach
(iii) disclosure of such information to law enforcement authorities as we feel is necessary and/or
(iv) immediate, temporary or permanent removal of any posting or material uploaded by you to our Service.
Promotions, Bundles, Credits, Mobile Top Ups, and Referral Programs. RIDE CURRENT, in its sole discretion, may make promotions available to any User or potential User. These promotions, unless made to you, shall have no bearing whatsoever on your Agreement or relationship with RIDE CURRENT. Promotions will in many cases be made available to you via alpha numeric codes (“Promo Codes”). RIDE CURRENT reserves the right to withhold or deduct credits or benefits obtained through a promotion in the event that RIDE CURRENT determines or believes that the redemption of the promotion or receipt of the credit or benefit was in error, fraudulent, illegal, or in violation of the applicable promotion terms or this Agreement. 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 RIDE CURRENT;
(iii) may be disabled by RIDE CURRENT at any time for any reason without liability to RIDE CURRENT;
(iv) may only be used pursuant to the speci¦c terms that RIDE CURRENT establishes for such Promo Code;
(v) are not valid for cash;
(vi) may expire prior to your use and
(vii) RIDE CURRENT may establish additional terms relating to speci¦c promotions. RIDE CURRENT 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 RIDE CURRENT 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 this Agreement. As part of your User account, RIDE CURRENT may provide you with or allow you to create a “RIDE CURRENT Code,” a unique alphanumeric code for you to distribute to friends, family and other persons (each a “Referred User”) to become new Users (“Referred Users”) or Drivers (“Referred Drivers”). RIDE CURRENT Codes may only be distributed for promotional purposes and must be given away free of charge. You may not sell, trade, or barter your RIDE CURRENT Code. You are prohibited from advertising RIDE CURRENT Codes, including but not limited to on Google, Facebook, Twitter, Bing and Craigslist or on any other digital platform or website owned or controlled by you or any other person. RIDE CURRENT reserves the right to deactivate or invalidate any RIDE CURRENT Code at any time in RIDE CURRENT’s sole discretion. As part of your User account, RIDE CURRENT may provide you with access to a feature in the RIDE CURRENT application which may allow you to:
(i) manage payment for Services;
(ii) add and store prepaid credit balance (“RIDE CURRENT Credit”); and/or
(iii) transfer RIDE CURRENT Credit to or receive RIDE CURRENT Credit from other Users, against payment of any applicable RIDE CURRENT Fees and subject to any limits on the number of transfers or the amount of RIDE CURRENT Credit you can send and/or receive, which Fees And limits may be modified by RIDE CURRENT from time to time. When transferring RIDE CURRENT Credit balance to another User, the amount transferred and the applicable TAXI Fees (if any) will be deducted from your User account balance and will be transferred to the other User. Once the request for the transfer of RIDE CURRENT Credit is completed, the transfer cannot be cancelled or otherwise reversed. You agree that in providing you with this feature, RIDE CURRENT is merely enabling the transfer of RIDE CURRENT Credit balance and is no way responsible for the actions of the individual Users, including the reason for which RIDE CURRENT Credit is transferred by or to you. You may be entitled to purchase bundles of RIDE CURRENT Credit (“RIDE CURRENT Bundles”) or you may receive trip discounts (“Trip Discounts”) or service discounts(“Service Discounts”) that you can apply toward payment of certain services provided by RIDE CURRENT or fees charged by RIDE CURRENT in relation to the Services. RIDE CURRENT Bundles, RIDE CURRENT Credits, Trip Discounts and Service Discounts are only valid for use on the RIDE CURRENT Platform, and are not transferable or redeemable for cash and may only be used for certain Services. RIDE CURRENT Bundles, Trip Discounts and Service Discounts cannot be combined, and if the cost of your ride exceeds the applicable credit or discount value we will charge your payment method on file for the outstanding cost of the trip. Additional restrictions on RIDE CURRENT Bundles, RIDE CURRENT Credits, Trip Discounts and Service Discounts may apply as communicated to you in a relevant promotion or specific terms. RIDE CURRENT may cancel, or vary the terms, relating to any RIDE CURRENT Bundles, RIDE CURRENT Credits, Trip Discounts or Service Discounts at any time in its sole discretion. From time to time, RIDE CURRENT may offer you incentives to refer new Users to the RIDE CURRENT community (the “Referral Program”). These incentives may come in the form of RIDE CURRENT Credits, Trip Discounts and/or Service Discounts, and RIDE CURRENT may set or change the incentive types, amounts, terms, restrictions, and qualification requirements for any incentives in its sole discretion. The ability to access mobile top up services is made available to you through the RIDE CURRENT Platform and is subject to change and availability. RIDE CURRENT is providing the right to buy airtime (subject to these terms) as agent for the relevant local mobile operator. You agree to this and the following as a condition of purchasing vouchers for airtime through the RIDE CURRENT Platform. You will be required to input the mobile number to which any top up is to be credited into the appropriate place(s) on the RIDE CURRENT Platform. You are responsible for ensuring that the mobile number has been correctly entered. You will also be required to select the top up amount to be credited to the mobile number. RIDE CURRENT shall not be liable to you in any way with respect to the top up generally, the speci¦c mobile number entered nor the top up amount credited. The top up mobile recharge cost will change depending on the denominations indicated on the RIDE CURRENT Platform. The total cost, number recharged and the relevant mobile operator will be shown on the RIDE CURRENT Platform. All top up transactions are final and cannot be modi¦ed or removed once you have entered the relevant top up information on the RIDE CURRENT Platform. Charges and Payments As a User, you agree to pay any amounts charged by RIDE CURRENT (the “RIDE CURRENT Fee”) (if applicable in your jurisdiction) and amounts charged by Drivers or other independent third party provider for providing Services to you (“Charges”). After you have received Services from a Driver or other independent third party provider, RIDE CURRENT:
(i) may facilitate your payment of the applicable Charges on behalf of the Driver as such Driver’s limited payment collection agent and
(ii) may collect any applicable RIDE CURRENT Fee directly from you or, in the case of a cash payment, from the relevant Driver. Payment of the Charges and RIDE CURRENT Fee in the above manner shall in all cases be considered the same as payment made directly by you to the Driver or other independent third party provider or to RIDE CURRENT, as applicable. Charges and RIDE CURRENT Fees will be inclusive of applicable taxes where required by law, including any VAT or sales tax. Charges and RIDE CURRENT Fees paid by you are final and non-refundable, unless otherwise determined by RIDE CURRENT. All Charges and RIDE CURRENT Fees are due immediately and payment will be facilitated by RIDE CURRENT using the preferred payment method designated in your Account, after which RIDE CURRENT or a Driver, as applicable, 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 RIDE CURRENT may, on its own behalf, and as the Driver’s limited payment collection agent, use a secondary payment method in your Account, if available. As between you and RIDE CURRENT, RIDE CURRENT reserves the right to establish, remove and/or revise RIDE CURRENT Fees at any time in RIDE CURRENT’s sole discretion. Charges may also be varied or revised at any time without your consent. Further, you acknowledge and agree that Charges and RIDE CURRENT Fees applicable in certain geographical areas may increase substantially during times of high demand. RIDE CURRENT will use reasonable efforts to inform you of Charges and RIDE CURRENT Fees that may apply, provided that you will be responsible for Charges and RIDE CURRENT Fees incurred under your Account regardless of your awareness of such Charges or RIDE CURRENT Fees, as applicable, or the amounts thereof.
Repair or Cleaning Fees.
You shall be responsible for the cost of the damage to, or necessary cleaning of, driver vehicles and property resulting from use of the RIDE CURRENT Platform under your Account in excess of normal “wear and tear” damages and necessary cleaning (“Repair or Cleaning”). In the event that a Driver reports the need for Repair or Cleaning, and such Repair or Cleaning request is verified by RIDE CURRENT in RIDE CURRENT’s reasonable discretion, RIDE CURRENT reserves the right to facilitate payment for the reasonable cost of such Repair or Cleaning on behalf of the Driver using any of your payment methods. Such amounts will be transferred by RIDE CURRENT to the applicable Driver and are non-refundable. Restricted Activities With respect to your use of the RIDE CURRENT Platform and your participation in the Services, you agree that you will not:
(i) impersonate any person or entity
(ii) stalk, threaten, or otherwise harass any person (including other Users making simultaneous use of the Service), or carry any weapons
(iii) violate any law, statute, rule, permit, ordinance or regulation
(iv) interfere with or disrupt the Services or the RIDE CURRENT Platform or the servers or networks connected to the RIDE CURRENT Platform
(v) post information or interact on the RIDE CURRENT Platform or with respect to Services in a manner which is false, inaccurate, misleading (directly or by omission or failure to update information), defamatory, libelous, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, or illegal
(vi) use narcotics or alcohol
(vii) use the RIDE CURRENT Platform in any way that infringes any third party’s rights, including but not limited to: intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy
(viii) post, email or otherwise transmit any malicious code, ¦les or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data or personal information
(ix) forge headers or otherwise manipulate identi¦ers in order to disguise the origin of any information transmitted through the RIDE CURRENT Platform
(x) “frame” or “mirror” any part of the RIDE CURRENT Platform, without our prior written authorization or use meta tags or code or other devices containing any reference to us in order to direct any person to any other website for any purpose
(xi) modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of the RIDE CURRENT Platform or any software used on or for the RIDE CURRENT Platform
(xii) rent, lease, lend, sell, redistribute, licence or sublicense the RIDE CURRENT Platform or access to any portion of the RIDE CURRENT Platform
(xiii) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, scrape, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the RIDE CURRENT Platform or its contents
(xiv) link directly or indirectly to any other websites
(xv) transfer or sell your User account, password and/or identi¦cation to any other party
(xvi) discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation
(xvii) causes any third party to engage in the restricted activities above. In the event that you undertake any of the above while participating in Services, a Driver shall be permitted to refuse to provide you Services or, if such Services have commenced, a Driver shall be permitted to refuse to continue to provide you Services.
Disclaimers; Limitation of Liability; Indemnity DISCLAIMER.
THE RIDE CURRENT PLATFORM AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” RIDE CURRENT DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THIS AGREEMENT, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, RIDE CURRENT MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE RIDE CURRENT PLATFORM, SERVICES OR ANY OTHER SERVICES REQUESTED THROUGH THE USE OF THE RIDE CURRENT PLATFORM, OR THAT THE RIDE CURRENT PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE. RIDE CURRENT AND ITS AFFILIATES DO NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF DRIVERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE RIDE CURRENT PLATFORM AND SERVICES, AND ANY SERVICE REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. RIDE CURRENT and its Affiliates are not responsible for the conduct, whether online or offline, of any User, Driver, mobile operator , or any other third party. You are encouraged to use a reasonable degree of sensibility and caution when interacting with other Users, Drivers or any other third party. We are not required to procure insurance for, nor are we responsible for private belongings, including the loss of private belongings as a result of theft or snatching or because the belongings are left in a vehicle. By using the RIDE CURRENT Platform and participating in the Services, you agree to accept such risks and agree that RIDE CURRENT is not responsible for the acts or omissions of Users, Drivers, mobile operators, or any other third party. You acknowledge that RIDE CURRENT may have its own insurance coverage from which you may benefit. In the event thereof, you agree to provide proper noti¦cation of an insurance claim and accept the benefit of any insurance service provided at your own risk and you hereby acknowledge that RIDE CURRENT is not acting as a broker in connection therewith, nor does it provide any guarantees, warranties or any other assurances in connection therewith. RIDE CURRENT and its Affiliates expressly disclaim any liability arising from the unauthorised use of your User account. Should you suspect that any unauthorised party may be using your User account or you suspect any other breach of security, you agree to notify us immediately. Location data provided by the RIDE CURRENT Platform is for basic location purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither RIDE CURRENT, nor its Affiliates nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of location data tracked or displayed by the RIDE CURRENT Platform. Any of your information, including geolocational data, you upload, provide, or post on the RIDE CURRENT Platform may be accessible to RIDE CURRENT, selected partners and relevant Drivers.
LIMITATION OF LIABILITY
RIDE CURRENT AND ITS AFFILIATES AND ITS PARTNERS SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE RIDE CURRENT PLATFORM OR SERVICES, EVEN IF RIDE CURRENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. RIDE CURRENT AND ITS AFFILIATES AND ITS PARTNERS SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF:
(i) YOUR USE OF OR RELIANCE ON THE RIDE CURRENT PLATFORM OR THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE RIDE CURRENT PLATFORM OR THE SERVICES; OR
(ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY DRIVER OR OTHER THIRD PARTY PROVIDER, EVEN IF RIDE CURRENT OR ITS AFFILIATES OR ITS PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. RIDE CURRENT AND ITS AFFILIATES AND ITS PARTNERS SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL. YOU ACKNOWLEDGE THAT DRIVERS 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 RIDE CURRENT’S AND/OR AN AFFILIATE’S AND/OR A PARTNER’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE RIDE CURRENT PLATFORM, THE SERVICES, ANY WEBSITE OR APPLICATION LINKED THERETO, ANY MATERIAL POSTED ON THE FOREGOING OR ACTS OR OMISSIONS OF PARTNERS FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED TWO THOUSAND UNITED STATES DOLLARS OR EQUIVALENT AMOUNT IN ANOTHER CURRENCY. THE RIDE CURRENT PLATFORM MAY BE USED BY YOU TO REQUEST AND SCHEDULE THE SERVICES WITH DRIVERS BUT YOU AGREE THAT RIDE CURRENT, ITS AFFILIATES, PARTNERS HAVE NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY SERVICE PROVIDED TO YOU BY DRIVERS OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT. THE LIMITATIONS AND DISCLAIMER IN THIS SECTION 6 DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. Indemnity You agree to indemnify and hold RIDE CURRENT, its Affiliates, partners and their 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 RIDE CURRENT Platform and the Services or services or goods obtained through your use of the RIDE CURRENT Platform;
(ii) your breach or violation of this Agreement or
(iii) your violation of the rights of any third party, including Drivers Updates to Service Teams Of Use We may occasionally update this Terms of use. Use of our services after an update constitutes consent to the updated notice to the extent permitted by law