1. Acceptance of the Terms of Use.
(a) These terms of use are entered into by and between You and Rhill Inc. a Delaware corporation (“Company,” “we,” or “us”). The following terms and conditions, ( “Terms and Conditions”) govern your access to and use of https://uniqryde.com and the UNIQ RYDE INC mobile application including any content, functionality, and services offered on or through https://uniqryde.com and the mobile application (the website and mobile application collectively “ UNIQ RYDE INC”).
(b) Please read the Terms and Conditions carefully before you start to use UNIQ RYDE INC. By using UNIQ RYDE INC, you accept and agree to be bound and abide by these Terms and Conditions and our Privacy Policy, found at here, incorporated herein by reference. If you do not want to agree to these Terms and Conditions or the Privacy Policy, you must not access or use UNIQ RYDE INC.
(c) UNIQ RYDE INC is offered and available to users who are 18 years of age or older. By using UNIQ RYDE INC, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use UNIQ RYDE INC.
2. Changes to the Terms and Conditions.
(a) We may revise and update these Terms and Conditions from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of UNIQ RYDE INC thereafter. However, any changes to the dispute resolution provisions set out in Sections 17 and 18will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on UNIQ RYDE INC.
(b) Your continued use of UNIQ RYDE INC following the posting of revised Terms and Conditions means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
3. Definitions.
(a) App Store means the application store you use to download the App, which is run by the manufacturer of the Device you use, for example App Store (Apple) or Google Play (Android)
(b) App, Mobile Application or Mobile App means the UNIQ RYDE INC Mobile Application, a software designed to connect PTSP (as defined below), Passengers and a Driver in order to arrange transportation services for Passengers
(c) Driver means any person who provides transportation services to a PTSP
(d) Passenger Transportation Service Provider (“PTSP”) means a licensed passenger transportation provider
(e) Passenger means a client of PTSP who needs a transportation arrangement
(f) Transportation Fee any fee charged by the Driver for the transportation service
4. UNIQ RYDE INC Platform.
(a) UNIQ RYDE INC is a multi-sided digital platform that provides the framework for PTSPs, Drivers and Passengers to communicate with each other. UNIQ RYDE INC enables PTSPs to engage Drivers and arrange transportation to their client Passengers. Using UNIQ RYDE INC’s website and mobile application, PTSPs can arrange transportation services to fulfill their Passengers requests.
(b) UNIQ RYDE INC does not arrange transportation services, and does not allow Passengers to contact Drivers directly for transportation arrangement. UNIQ RYDE INC is a business-to-business platform where licensed PTSPs can arrange transportation services for their Passengers outside or within their territory if they do not have sufficient capacity to fulfill their client’s requests. PTSPs are solely responsible for arranging transportation services for Passengers. PTSPs are responsible for engaging Drivers with required licenses and insurance. Upon request, Drivers must produce sufficient evidence to PTSPs to show compliance with applicable state and federal laws. UNIQ RYDE INC may also request PTSPs and Drivers to produce evidence of compliance with state and federal laws.
(c) PTSP, Driver and Passengers may receive real-time information regarding transportation arrangements. Passengers may track the Driver’s location, text or call them to arrange a pick up. Passengers may receive information to be able to identify their assigned Driver such as car make, color and the Driver’s name and profile photo. Similarly, Drivers will receive the name and photo of their assigned Passenger. UNIQ RYDE INC may store information in connection with transportation in accordance with the Privacy Policy.
(d) The PTSP will be responsible for paying the Transportation Fee for the Driver, and the Passenger will pay the PTSP for the transportation service. UNIQ RYDE INC will not handle payment. UNIQ RYDE INC may provide an integrated payment method through a third-party provider [link to Third Party Provider] While using any third party application through UNIQ RYDE INC, you will be bound by Third Party provider’s Terms and Conditions and Privacy Policy.
(e) Using UNIQ RYDE INC, the PTSP engages the Driver and the Driver accepts such engagement, as an independent contractor, to provide Passenger Transportation Services to the PTSP according to these Terms and Conditions. Driver acknowledges that it is doing business as an entity or sole proprietor and that it has all required business licenses and/or business tax registration. Driver shall maintain a business location that is separate from the business or work location of the PTSP. Driver advertises and holds itself out to the public as available to provide the same or similar services. Driver has negotiated its own rates.
5. Accessing UNIQ RYDE INC and Account Security.
(a) We reserve the right to withdraw or amend the Website, the Mobile App and any service or material we provide in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website or the App, or the entire website, to users, including registered users.
(b) To access the Website and the App or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website or the App is correct, current, and complete. You agree that all information you provide to register with UNIQ RYDE INC or otherwise, including, but not limited to, through the use of any interactive features on the Website or the App, is governed by our Privacy Policy here, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
(c) If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to UNIQ RYDE INC or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
(d) We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms and Conditions.
(a) Service. By using UNIQ RYDE INC, you may receive the following services:
i. PTSP;
· Connect Drivers to arrange transportation for Passengers
· Track pick up, drop off and transportation
· Communicate with Drivers and Passengers through the App
ii. Passengers;
· Receive Driver information
· Communicate with PTSP and Driver through the App
· Track pick up, drop off and transportation
· Share travel information with Driver such as flight itinerary
iii. Drivers;
· Receive Passenger information
· Receive shared travel information
· Communicate with PTSP and Passenger through the App
(a) Provision of Access. Subject to and conditioned on your compliance with all the terms and conditions of this Agreement, we hereby grant you a non-exclusive, non-transferable right to access and use UNIQ RYDE INC during the term in accordance with the terms and conditions herein.
(b) Use Restrictions. You shall not use UNIQ RYDE INC for any purposes beyond the scope of the access granted in this Agreement. You shall not at any time, directly or indirectly, and shall not permit anyone to: (i) copy, modify, or create derivative works of UNIQ RYDE INC or its Documentation, in whole or in part; (ii) rent, lease, lend, sell, license, sublicense, assign, distribute, publish, transfer, or otherwise make available the UNIQ RYDE INC; (iii) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any software component of UNIQ RYDE INC, in whole or in part; (iv) remove any proprietary notices; or (v) use UNIQ RYDE INC in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law.
(c) Reservation of Rights. We reserve all rights not expressly granted to you in this Agreement. Except for the limited rights expressly granted under this Agreement, nothing in this Agreement grants, by implication, waiver, estoppel, or otherwise, to you or any third party, any intellectual property rights or other right, title, or interest in or to UNIQ RYDE INC.
(d) Suspension. Notwithstanding anything to the contrary in this Agreement, we may temporarily suspend your access to any portion or all of UNIQ RYDE INC if: (i) we reasonably determine that (A) there is a threat or attack on any of our intellectual property; (B) your use of UNIQ RYDE INC disrupts or poses a security risk to UNIQ RYDE INC or to our customers or vendors; (C) you are using UNIQ RYDE INC for fraudulent or illegal activities; (D) subject to applicable law, you have ceased to continue to do business in the ordinary course of business, made an assignment for the benefit of creditors or similar disposition of its assets, or became the subject of any bankruptcy, reorganization, liquidation, dissolution, or similar proceeding; (E) you fail to maintain any required license, registration or otherwise comply with applicable state and federal laws; or (F) your use of UNIQ RYDE INC is prohibited by applicable law; or (ii) any third-party vendor has suspended or terminated your access to or use of any third-party services or products required to enable you to access the Services (“Service Suspension”). We shall use reasonable efforts to provide written notice of any Service Suspension to you and to provide updates regarding resumption of access to the services following any Service Suspension. We shall use commercially reasonable efforts to resume providing access to UNIQ RYDE INC as soon as reasonably possible after the event giving rise to the Service Suspension is cured. We will have no liability for any damage, liabilities, losses (including any loss of data or profits), or any other consequences that you may incur as a result of a Service Suspension.
7. Conditions to Subscribe for Our Services.
(a) For PTSPs and Drivers, the use of UNIQ RYDE INC is limited to registered transportation businesses only. You must comply with all local, state and federal laws and regulations at all times using UNIQ RYDE INC. For more information on federal compliance please visit: https://www.fmcsa.dot.gov/
(b) Businesses and Drivers operating in New York City must have a valid Base License and TLC to access UNIQ RYDE INC. You must not use UNIQ RYDE INC without a license, required registration, and appropriate insurance.
(c) UNIQ RYDE INC can be accessed by platform registered drivers who are: (i) commercially registered to drive passengers in all states, counties and cities in which they operate in compliance with the requirements set by said states, counties and cities (ii) commercially insured to drive passengers in all states, counties and cities in which they operate in compliance with the requirements set by said states, counties and cities (iii) commercially licensed to drive passengers in all states, counties and cities in which they operate in compliance with the requirements set by said states, counties and cities.
8. Intellectual Property Rights.
(a) The Website, the Mobile App and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
(b) You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website and Mobile App:
(c) You must not:
i. Modify copies of any materials from this site;
ii. Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site;
iii. .
(d) If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website or Mobile App in breach of these Terms and Conditions, your right to use UNIQ RYDE INC will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website, Mobile App or their content is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of UNIQ RYDE INC not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws.
9. Trademarks. The Company name, the terms, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website or Mobile App are the trademarks of their respective owners.
(c) All Fees and other amounts payable by users under this Agreement are exclusive of taxes and similar assessments. Users are responsible for all sales, use, and excise taxes, and any other similar taxes, duties, and charges of any kind imposed by any federal, state, or local governmental or regulatory authority on any amounts payable by users hereunder, other than any taxes imposed on UNIQ RYDE INC’s income.
11. Community Guidelines. Each User must adhere to UNIQ RYDE INC Community Guidelines the is downloadable from here. here
12. Suspension.
(a) Your account will be suspended if we are unable to complete a payment transaction for our services. Your PTSP account may also be suspended if a Driver reports an overdue account balance. The suspended account will remain functional, but all service requests will be rejected for lack of funds and the execution of pending services will be suspended. You may continue to incur charges in respect of your account. Suspension will end only upon settling all outstanding balance.
(b) We may also suspend your access to your account in the event we have a reasonable basis to believe the use of your account violates any state or federal laws or in violation of this Agreement.
(c) Any termination of suspension may subject you to pay a reactivation fee based on our price plan https://uniqryde.com
(d) You acknowledge that a violation of these Terms and Conditions may expose you to legal liability, both criminal and civil, and monetary damages, as well as termination of your user account.
(e) You must immediately notify us of any fraudulent, unauthorized, illegal or suspicious use of the services or any other breach of security or unauthorized or illegal activity that you reasonably suspect.
13. Representation of Users. By using UNIQ RYDE INC, you represent and warrant that:
(a) You understand that UNIQ RYDE INC is not a transportation service provider company and it does not provide transportation services.
(b) UNIQ RYDE INC does not handle payments for transportation and UNIQ RYDE INC is not responsible for any expense incurred in connection with any transportation services.
(c) Each of Driver and PTSP are a business entity, duly formed, validly incorporated and in good standing under the Laws of any state in the United States, with all requisite power, authority and licenses to conduct a passenger transportation business.
(d) UNIQ RYDE INC is not responsible for any user’s legal compliance and that UNIQ RYDE INC may create a platform for users to provide proof of compliance that will be made available to PTSPs, but it is the PTSPs responsibility to engage Drivers who are in full compliance and good standing with state and federal laws.
(e) In no event shall UNIQ RYDE INC, its officers, directors, employees or agents or any other service provider who furnishes services to users in connection with these Terms and Conditions be liable for any direct, incidental, indirect, special, punitive, exemplary or consequential damages, or for any other damages, including but not limited to loss of data, loss of revenue or profits, or damages arising out of or in connection with transportation arrangement or any use of UNIQ RYDE INC.
14. Governing Law. These Terms and Conditions are governed by the laws of the State of California, without regard to conflict of law principles. You and we agree to submit to the exclusive personal jurisdiction of the state courts and federal courts located within [County, …], for the purpose of litigating all such disputes.
15. Termination.
(a) We may terminate or suspend your access to all or part of the Website or Mobile App for any or no reason, including without limitation upon five (5) days written notice. Notwithstanding the foregoing, we may terminate your access to your account immediately if:
i. You fail to cooperate or provide information on an investigation by a local, state or federal governmental agency;
ii. You violate any provision of these Terms and Conditions, or breach any of your representations or warranties; or
iii. Your account is suspended for more than thirty (30) days for failure to pay for any of our services or driver services or your account activity violates any federal or state laws. After we terminate your access to your account, you will have thirty (30) days to remove your data before we delete your account.
(b) You may terminate your subscription and delete your account at any time without giving us any notice. You shall remove all your data from your account without delay.
17. Modification of the Site. We reserve the right to modify or discontinue, temporarily or permanently, some or all of the Site at any time without any notice or further obligation to you. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of any of the Site.
18. General.
(a) Entire Agreement. These Terms and Conditions, together with the Privacy Notice, constitute the entire and exclusive understanding and agreement between you and the Company regarding your use of and access to the Site, and except as expressly permitted above, may only be amended by a written agreement signed by authorized representatives of the parties.
(b) No Waiver. The failure to require performance of any provision shall not affect our right to require performance at any time thereafter, nor shall a waiver of any breach or default of the Terms and Conditions constitute a waiver of any subsequent breach or default or a waiver of the provision itself.
(c) Paragraph Headers. Use of paragraph headers in these Terms and Conditions is for convenience only and shall not have any impact on the interpretation of particular provisions.
(d) Severability. In the event that any part of these Terms and Conditions is held to be invalid or unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remaining parts will remain in full force and effect.
19. Notice to California Residents. Under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the service or to receive further information regarding use of the service.
21. Limitation of Liability. IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, DIRECT, INDIRECT, OR PUNITIVE DAMAGES (INCLUDING PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE), WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE. Some jurisdictions do not allow the disclaimer of warranties or limitation of liability in certain circumstances. Accordingly, some of the above limitations or the disclaimer of warranties may not apply to you.
22. Indemnification. PTSPs, Drivers and Passengers agree that they will be personally responsible for your use of UNIQ RYDE INC; and PTSPs, Drivers and Passengers agree to defend, indemnify, and hold us, our officers, directors, employees, consultants, affiliates, subsidiaries, and agents, harmless from and against any and all claims, liabilities, damages, losses, and expenses (including attorneys’ and accounting fees and costs), arising out of or in any way connected with (i) their access to, use of, or alleged use of UNIQ RYDE INC; (ii) their violation of the Terms or any applicable law or regulation; (iii) their violation of any third party right, including any intellectual property right, publicity, confidentiality, property, or privacy right; or (iv) any disputes or issues between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.