Interpretation and Definitions
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
For the purposes of these Terms and Conditions:
Application means the software program provided by the Company downloaded by You on any electronic device, named Ride Loca
Application Store means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) in which the Application has been downloaded.
Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
Account means a unique account created for You to access our Service or parts of our Service.
Country refers to: United Kingdom
Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Mi Smart Ride LTD. Trading as Ride Loca, Milton Business Centre, Office 6, 10 Milton street, Dundee, DD3 6QQ.
Content refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.
Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.
Promotions refer to contests, sweepstakes or other promotions offered through the Service.
Service refers to the Application or the Website or both.
Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
Payments and Charges refers to any related types of incurred charges and payment agreements between you and our service.
Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
Website refers to Ride Loca, accessible from www.rideloca.com & www.joinrideloca.com
You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions, then You may not access the Service.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
Any Promotions made available through the Service may be governed by rules that are separate from these Terms.
Using Ride Loca & Creating an Account
Rideloca and its partners provide a transport service platform for individuals to connect with public/private hire transport. Rideloca does not manage drivers time or cars, and services are provided by drivers under a contract for the transport of passengers. Drivers provide transport services on an independent basis and others via professional service providers. Any disputes that should arise from individual consumer rights, regulations, legal commitments or from law applicable to the requirement of transport services will be resolved between the passengers and drivers. Data regarding the drivers and their transport service is available in the Rideloca’s app and receipts for journeys are sent to the email address or SMS listed in the passenger’s profile.
During the installation of the Rideloca app, Riders number will be attached to the user account and added to our database for drivers to communicate with them whiles heading to their pickup location. If the said mobile number is no more in use you must notify Rideloca within 7 days so we can update your account details. If you do not notify us about any change to your number or contact information, your driver might have a hard time locating you as communication is limited. And account will be flagged for investigation if this occurs on numerous occasions, we may deactivate the account from our system.
When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service. You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
You will be required to provide relevant payment details including credit/debit card details (“Card Details”) to the Payment Processor in order for Rideloca to process payment of the Total Ride Fee (and any sums due to the Driver), and You hereby authorise the Payment Processor (stripe) to do so. Your authorisation: (i) permits the Payment Processor to debit or credit the bank account or debit/credit card account associated with Your payment details;(ii) permits the Payment Processor to use Your Card Details for the processing of transactions initiated by You;(iii) will remain in effect as long as You maintain an Account and if you delete Your Card Details or Account, Rideloca and the Payment Processor will not be able to process any further transactions initiated by You. (iv) is subject to any other terms and conditions of the Payment Processor specified through the Application, SMS or other methods from time to time.
Rideloca shall issue invoices to You (on behalf of the Driver) for the transport services provided to You directly by the Driver. The Driver has authorised Rideloca to settle any payment-related disputes between Drivers and You, whom You directly contract with for the transport services. The Total Ride Fee paid by you is final and non-refundable, unless otherwise determined by Rideloca. If any amount paid by You is fully or partially refundable for any reason, such amounts will be refunded to You by Rideloca on behalf of the Driver in accordance with and subject to Applicable Law. You may contact Rideloca and/or its Affiliates for any issues arising therefrom. Any payment processing-related issue not caused by an error or fault with the Application must be resolved by You and the relevant Payment Processor.
You agree that use of certain Promo Codes may result in different charges for the same services and shall not have a bearing on charges applied to You unless the Promo Codes have been specifically made available to You. In the event of a default or failure to pay the Total Ride Fee for any reason by You:(i) Rideloca may restrict You from booking a new Ride through the Application until the outstanding Total Ride Fee in respect of the previous Ride(s) has been paid by You; (ii) You agree and acknowledge that Rideloca (or third party service providers on its behalf) will, as agent of the Driver, recover any outstanding monies payable by You for Ride(s) in respect of which Total Ride Fee has not been paid; and (iii) You will be responsible, and must pay, for all costs incurred by Rideloca (including costs for which Rideloca may be contingently liable) in any attempt to collect any monies owed by You to Drivers under these Customer Terms including debt collection agent costs, repossession costs, location search costs, process server costs and solicitor costs on a solicitor/client basis.
Rideloca and partners will be responsible for the proper functioning of the Rideloca in-App Payment system and will provide support in solving problems related to it. The resolution of disputes related to Rideloca in-App Payment also takes place through us. For payment support service please contact info@Rideloca.com. All inquiries will be responded to within five business day. Inquiries can be submitted through e-mail or through the Apps customer service link.
Ordering and Canceling
Your ride order is successful when a driver accepts your request and the system send you a feedback based on drivers’ acceptance.
After a driver accepts your request and heads to your pickup location, communication is limited to you and the driver via text messaging or phone call through the App. Rider and Driver then agree on a specific spot for pickup if the location entered in the app’s map happens to just be a landmark. Any arrangements made between Driver and Rider after pickup is solely between the two parties as Rideloca will only track and respond to customer service requests after this point. As such all arrangements made directly between rider and driver are not related to Rideloca and its partners.
When a ride is requested by a rider and driver accepts it he is automatically required to inform the rider and make his way to the pickup location. In cases where driver accepts request but rider doesn’t use the service, Rider or driver is required to cancel the request. If after a certain period of time after the driver has waited for the rider doesn’t use the service or cancels the service, they are required to pay a cancellation fee of £4.00
If such cases are recorded on multiple occasions, Rideloca may block your account temporarily as a warning. In repeated cases, the account may be suspended for a longer period of time. Within this period, however, you will be given an opportunity to speak directly to a customer service person who will take the rider through the procedure to reactivate the account. The account will be activated after the procedure is completed.
When driver notifies the passenger about the arrival of the vehicle to its destination, and rider or person for whom the transport was ordered does not arrive at the vehicle within a certain period as specified in the Rideloca app, drivers are advised to call back to confirm the rider’s intentions before cancelling the ride request.
Once the driver arrives and sends you a notice of his arrival, Rider has five minutes before the app begins to charge them for waiting time which will be calculated and added to the total amount of the ride.
If rider causes damage to the driver’s vehicle or its furnishing by destroying, staining the vehicle the driver will have the right to require the rider to pay a penalty or require compensation for any damages exceeding the penalty. If you do not pay the penalty and/or compensate the damage, Rideloca and partners will investigate and, in some cases, pursue the claims on behalf of the driver or driver/partner of the transport service.
Our Service allows You to post Content. You are responsible for the Content that You post to the Service, including its legality, reliability, and appropriateness.
By posting Content to the Service, You grant Us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of Your rights to any Content You submit, post or display on or through the Service and You are responsible for protecting those rights. You agree that this license includes the right for Us to make Your Content available to other users of the Service, who may also use Your Content subject to these Terms.
You represent and warrant that: (i) the Content is Yours (You own it) or You have the right to use it and grant Us the rights and license as provided in these Terms, and (ii) the posting of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
Your Right to Post Content
The Company is not responsible for the content of the Service's users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under your account, whether done so by You or any third person using Your account.
You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:
Unlawful or promoting unlawful activity.
Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
Spam, machine – or randomly – generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.
Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.
Impersonating any person or entity including the Company and its employees or representatives.
Violating the privacy of any third person.
False information and features.
The Company reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with this Terms, refuse or remove this Content. The Company further reserves the right to make formatting and edits and change the manner any Content. The Company can also limit or revoke the use of the Service if You post such objectionable Content. As the Company cannot control all content posted by users and/or third parties on the Service, you agree to use the Service at your own risk. You understand that by using the Service You may be exposed to content that You may find offensive, indecent, incorrect or objectionable, and You agree that under no circumstances will the Company be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content.
Although regular backups of Content are performed, the Company do not guarantee there will be no loss or corruption of data.
Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed.
The Company will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. But You acknowledge that the Company has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state.
You agree to maintain a complete and accurate copy of any Content in a location independent of the Service.
Intellectual Property Infringement
We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property infringement of any person.
If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, You must submit Your notice in writing to the attention of our copyright agent via email at firstname.lastname@example.org and include in Your notice a detailed description of the alleged infringement.
You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any Content is infringing Your copyright.
DMCA Notice and DMCA Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest.
A description of the copyrighted work that You claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
Identification of the URL or other specific location on the Service where the material that You claim is infringing is located.
Your address, telephone number, and email address.
A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf.
You can contact our copyright agent via email at email@example.com. Upon receipt of a notification, the Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Service.
The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.
The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.
Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.
As Rideloca and its partners are not responsible for the quality of the experience for the rider, any issues with the behavior of drivers or quality of the transport services will be resolved in accordance with the rules and regulations of the individual service providers or the relevant public authority.
Riders are encouraged to give feedback that is relevant to their experience with the Rideloca service. Feedback will be seen to individually and solution or improvements developed.
We expect that you use the Rideloca app with consideration to its terms and conditions and with respect for its drivers. Rideloca holds the right to close your account if you violate these Terms and Conditions. Suspicious activities will serve as a warrant for an investigation upon which if any malicious activities are in play, your account will be closed without notice.
Rideloca and partners will make repeated efforts to ensure that its drivers are respectful, qualified and professional with consideration for its riders. However, we are not in the position to guarantee all its drivers will fall under these respective qualities.
These Customer Terms shall continue until such time as they are terminated in accordance with this clause. You may terminate these Customer Terms at any time by closing Your Account or uninstalling the Application. You can close Your Account at any time by following the instructions on the Application. Rideloca may terminate these Customer Terms with immediate effect upon notice to You if:(i) to comply with any Applicable Law;(ii) You cease to satisfactorily provide Registration Data; or(iii) You commit a breach (other than a trivial or inconsequential breach) of these Customer Terms that is not capable of remedy or (if capable of remedy) is not remedied within 4 (four) Business Days after Rideloca notifies You of the breach.
Upon termination of these Customer Terms for any reason:(i) Your rights to use the Application will cease immediately, your registration and Your Account will cease to apply, and Rideloca may block Your access to the Application;(ii) Rideloca will charge You all amounts due and owing at the date of termination; and(iii) the Parties must cease acting in a manner that would imply a continuing relationship between the Parties.
Clauses (Privacy), (Intellectual Property Rights), (Liability), (Notice), and (Amendments to Terms) will survive termination of these Customer Terms together with any other terms which by their nature do so.
Termination of these Customer Terms will not prejudice any rights of the Parties that may have accrued prior to such termination.
Amendments to the Terms
Rider will be alerted if any substantial changes are made to the General Terms and Conditions through the Rideloca app or notified by email. Rider will be required to update their Rideloca app after changes are made. If you continue to use the Rideloca app despite new changes, we take is as your concern and agreement to the Rideloca apps new changes.
Payments and Charges
Variable Fares. Variable fares consist of a base charge and incremental charges based on the duration and distance of your ride. For particularly short rides, minimum fares may apply. We obey the rules of local licensing bodies, hence encourage our drivers to use the meters for all of the rides within city boundaries. Meters operate with different tariffs means that same journey may be charged at different rate plus added variation could be due to traffic or any diversions. Please note that we use GPS data from your Driver’s phone to calculate the distance travelled on your ride. We cannot guarantee the availability or accuracy of GPS data. We use GPS to help you get an estimated fare. Please refer to our out of town fare list for fares out of town and a list of local fare sheet for an insight to how local fares are calculated.
Quoted Fares. In some cases, Ride Loca may quote you a Fare at the time of your request. The quote is subject to change until the ride request is confirmed. If during your ride you change your destination, make multiple stops, or attempt to abuse the Ride Loca Platform, we may change the actual fare to adjust for the changes or entirely cancel your trip request. Ride Loca does not guarantee that the quoted fare price will be equal to a variable fare for the same ride. Quoted Fares may include the Fees and Other Charges below, as applicable.
• Cancellation Fee. After requesting a ride, you may cancel it through the app, but note that in certain cases a cancellation fee may apply. You may also be charged if you fail to show up after requesting a ride.
• Damage Fee. If a Driver reports that you have materially damaged the Driver's vehicle, you agree to pay a “Damage Fee” of up to £500 depending on the extent of the damage (as determined by Ride Loca in its sole discretion), towards vehicle repair or cleaning. We reserve the right (but is not obligated) to verify or otherwise require documentation of damages prior to processing the Damage Fee. Ride Loca 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 Ride Loca to the applicable Third Party Provider and are non-refundable.
• Out of Town Charges. The estimated/total fare calculated within your local city boundary is charged at a rate in accordance with local council authority and does not consider out of town fares. Our out of town fare checklist is available at website www.rideloca.com or alternatively please contact our support team to get prices for out of town fares. They sometime include boundary charges to help compensate drivers dead miles and any other charges which are not incorporated within local fare jurisdictions. Any added stops or journeys may be charged extra at drivers discretion.
• Other Charges Other fee and surcharges may apply to your ride, including: actual or anticipated airport fees or waiting parking fees.
• Tips. Following a ride, 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 Driver and your experience. You may elect to tip your Driver in cash or through the Ride Loca application. All tips directly go to the Service Provider Driver.
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 Services, Ride Loca will facilitate your payment of the applicable Charges on behalf of the Third Party Provider as disclosed payment collection agent for the Third Party Provider (as Principal). 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 Ride Loca. 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. Ride Loca 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 as soon as practicable by Ride Loca using the preferred payment method designated in your Account, after which Ride Loca 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 Loca may, as the Third Party Provider’s disclosed payment collection agent, if available use a secondary payment method in your Account.
To the maximum extent permitted by law, you will indemnify and hold harmless Rideloca, and its related bodies corporate (and their respective directors, officers, employees, agents and representatives) (“Indemnified Parties”) from and against any losses, damages, liability, claims, costs, penalty and expenses (including, reasonable legal fees) incurred by the Indemnified Parties arising out of or in connection with any: (i) breach by You of any Applicable Law; (ii) misrepresentation or fraudulent, dishonest, unlawful or negligent act or omission of You; (iii) personal injury (including sickness and death) or property damage caused or contributed to by You in connection with any Ride (including in connection with any motor vehicle accident involving the Vehicles); or (iv) claim by a Driver or any other third party caused by any of Your acts or omissions.
In order for the Driver to provide transport services to You, the Driver requires You to not smoke or consume any alcohol, tobacco or illicit substances in or near any Vehicle, misbehave in or near any Vehicle, distract the Driver, act in violation of Applicable Laws, or otherwise act in any way which a Driver considers will risk the safety of You, the Driver or any other person or road user.
If You breach this clause Rideloca may immediately suspend the Booking Services and/or Your use of the Application (including Your Account).
Issues, Complaints and Feedback
You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction. You may rate a Ride after its conclusion, and You must be fair, accurate and non-defamatory while leaving complaints, comments, feedback, testimonials or reviews on or about Rides, Drivers, Services or the Booking Services.
All issues, complaints, opinions, suggestions, questions and feedback while accessing the Services or Booking Services should be notified to Rideloca via e-mail or communicated to Rideloca through the Application or by contacting its call centre, if available. You must report any issue You have with the Application or Booking Services to Rideloca within 2 two days of the relevant issue occurring, otherwise Rideloca may not be able to address such issue.
Rideloca will endeavour to respond to You within 3 (three) Business Days after You report an issue, and Rideloca will endeavour to resolve such issue as soon as reasonably possible. Rideloca notes that issues are generally resolved based on the seriousness of the issue, and as such certain issues may be prioritised over others. Rideloca may not be able to resolve all issues, and Rideloca will not be liable where You are not satisfied with the handling or resolution of (or failure to resolve) an issue relating to the transportation services provided to You by the Driver. If You forget or lose any luggage or property in a Vehicle during a Ride, you should contact Rideloca as soon as possible (and any event within 24 (twenty-four hours), and Rideloca will try to locate the items. If Your luggage or property is found, Rideloca will contact You and advise You of how You will be able to collect Your luggage or property. Rideloca will not deliver any luggage or property items to You (and if Rideloca agrees to do so, Rideloca may charge You a reasonable fee for doing so). In no event will Rideloca be liable for any loss or damage to Your personal effects and luggage.
Links to Other Websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.
Limitation of Liability
To the extent permitted by applicable Law, Rideloca shall not be liable to you in any manner. (whether such liability arises in contract (by way of indemnity or otherwise), tort (including negligence) misrepresentation, breach of statutory duty, restitution or otherwise) for:(i) any booking that has not been accepted;(ii) any theft or loss of your or any other person’s property in connection with the Booking Services or any booking accepted by Rideloca;(iii) any loss, damage, costs, expenses or liability suffered by You or anyone other than You in connection with your use of the Application;(iv) any loss that You may incur as a result of someone else using Your Account, either with or without Your knowledge;(v) any loss of profits, loss of revenue, loss of opportunity, loss of business or employment in relation to You, your employer or any other person (whether or not such loss could be reasonably expected to flow from our negligence or breach of these Customer Terms); or(vi) any loss or damage that You may incur arising out of or in connection with any Ride, including the conduct of the Driver (and any other person) and any accidents, incidents and issues involving the Vehicle; or(vii) any other indirect or consequential loss, costs, expenses or liability that You suffer in connection with the Booking Services, save to the extent that Rideloca fails to perform its obligations to You to the standard of a diligent and professional provider of the relevant services.
Rideloca shall not be liable for indirect, incidental, or any 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 services, even if Rideloca has been advised of the possibility of such damages. Rideloca shall not be liable for any damages, liability or losses arising out of: (i) Your use of or reliance on the Services and Booking Services or Your inability to access or use the Services and Booking Services; or (ii) Any transaction or relationship between you and any third party, such as the Driver, even if Rideloca has been advised of the possibility of such damages. Rideloca shall not be liable for delay or failure in performance resulting from causes beyond Rideloca’s reasonable control.
The limitations and exclusions of liability in this clause apply regardless of the basis on which such liability arises, whether in contract, breach of warranty, tort (including negligence), in equity, under statute, or on any other basis. Rideloca’s total aggregate liability to You for losses You suffer shall not exceed £250. Nothing in this clause shall exclude Rideloca’s liability, that by law, may not be limited or excluded
Any delay in or failure to perform any obligations by a Party under these Customer Terms will not constitute a breach of these Customer Terms to the extent caused by acts of any government authorities, acts of God, fire, flood, explosion, riots, war, rebellion, insurrection or other event beyond the reasonable control of that Party. (“Force Majeure”).
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.
"AS IS" and "AS AVAILABLE" Disclaimer
The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
For European Union (EU) Users
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.
Severability and Waiver
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material, We will make reasonable efforts to provide at least 3 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
Out of Town Charges. The estimated/total fare calculated within your local city boundary is charged at a rate in accordance with local council authority and does not consider out of town fares. Our out of town fare checklist is available at website www.rideloca.com or alternatively please contact our support team to get prices for out of town fares. They sometime include boundary charges to help compensate drivers dead miles and any other charges which are not incorporated within local fare jurisdictions. Any added stops or journeys may be charged extra at drivers discretion.
If you have any questions about these Terms and Conditions, You can contact us:
By email: firstname.lastname@example.org