Last Updated: 29th December 2019
Last Updated: 29th December 2019
1. We are allRiDi Limited (hereinafter referred to as “the Company”) we own and operate this App.
3. Definitions and Interpretation
3.1. In this Agreement unless the context otherwise requires:
i. “Apps” includes all mobile applications, technology platforms, websites, content, product and related services created and owned by the Company that facilitate Riders to request arrange and schedule Transportation Services including the purchase of services from third party Drivers and allows Drivers to use the Services to screen, procure and fulfill requests from Riders for Transportation Services.
ii. “Account” means an account opened by the Driver and approved by the Company to access the Driver App to benefit from the Services.
iii. “Drivers” means independent contractors who utilize the Drivers App to provide transportation services to Users. Drivers are not employees of the Company. Drivers provide Transportation Services to the Riders utilizing the Services and the App in their private capacity and not through any partnership, employment, or Joint Venture with the Company.
iv. “Charge” means the charge to be paid by a Rider for Transportation Services. It is based on the distance and time taken to go between the pickup location and destination as set out in the Company’s schedule of fees/Charges on the Company’s Website and as calculated by the Drivers App
v. “ID” means the unique identification number assigned to a Rider on opening an Account.
vi. “Request” means a request from a Rider for Transportation Services.
vii. “Riders” means users who utilize the App to either request, schedule, arrange, procure or receive Transportation Services from Drivers.
viii. “Services” means access to the App and related services that facilitate Riders to request arrange and schedule Transportation Services including the purchase of services from third party Drivers and allows Drivers to use the Services to screen, accept and fulfill requests from Riders for Transportation Services.
ix. “Services Fee” shall be a percentage of the Charge paid by the Rider, for Transportation Services received through the use of the App and Services. This percentage is due and owing to the Company upon receipt of the Transportation Service. If the Service Fee is received by the Driver it is held on trust for the Company.
x. “Terms” means the terms and conditions of use that govern the Driver’s use and access in the Territory of the Services and App
xi. “Territory” means Trinidad and Tobago
xii. “Transportation Services” includes any request from Riders for transport, including the arrangement, scheduling, delivery and logistics associated with the provision of Transport from Drivers to Riders.
xiii. “Users” means any person who provides information to the Company, utilizes the Services; accesses the App to requests, receive, schedule, arrange or provide Transportation Services.
xiv. “Rider Information” means information (which may include User’s name, pick up location, profile photo, phone number and destination) about a User that the Driver can access when a User requests Transport Services
3.2. The singular includes the plural and the plural includes the singular; the masculine gender includes the feminine and neuter genders; the word “person” includes bodies corporate, companies, partnerships, syndicates, trusts and any association of persons; and the word “individual” means a natural person.
4. Acceptance of the Terms and Conditions
4.1. Your use of the App and the Services are subject to the Terms contained herein. By using the App, you will be deemed to have accepted and agreed to be bound by these Terms.
4.2. We may make changes to these Terms from time to time. We may notify you of such changes by any reasonable means, including by posting the revised version of these Terms on the App. You can determine when we last changed these Terms by referring to the ‘LAST UPDATED’ statement above. In addition to this, the Terms will also be updated and dated on the website.
4.3. Your use of the App following changes to these Terms will constitute your acceptance of those changes.
5. Terms of Service
5.1. By using the App you acknowledge the following;
i. The App is a technology platform that facilitates Riders to interact with and request transportation services from independent third party, Drivers. Transportation Services are made available under request options in the App.
ii. The Company does not directly provide Transportation Services and the benefit of accessing Transportation Services via the App and the Services does not in any way establish the Company as a provider of the Transportation Services.
iv. Third party Drivers are not parties to this contract and are not responsible for the App or the provision of the Services in any manner.
5.2. The App is solely for personal, noncommercial use, unless otherwise separately agreed to in writing by the Company.
5.3. Conditional on and subject to your undertaking to be bound by the Terms, the Company grants you, solely for your personal, noncommercial use, a limited, non-exclusive, revocable, non-transferable, non-assignable, non-sub-licensable license to access and use:
i. The Apps on your personal devices; and
ii. Any content, data and related information that may be available via the Services. Any rights not expressly set out herein are reserved by the Company and its licensors.
5.4. You are responsible for obtaining all necessary internet connections, data network access and compatible hardware and software updates necessary to use the Services and Apps. You are responsible for incurring the messaging and network data rates from your service provider. The Company makes no guarantee that the Services or Apps, or any portion thereof, will function on any particular hardware or devices. Further, the Services may be subject to malfunctions and delays related to Internet and electronic communications usage.
5.5. We will use reasonable efforts to ensure that the App is available at all times. However, we cannot guarantee that the App or any individual function or feature of the App will always be available and/or error free. In particular, the App may be unavailable during periods when we are implementing upgrades to or carrying out essential maintenance on the App.
5.6. When accessing or using the Services you shall comply with all applicable laws and use and access the Services solely for lawful purposes.
6. Access and Use of the Services
6.1. User Account: To use most of the Services, you must:
i. Register for and keep an active Account. You are permitted only one Account (unless otherwise agreed to by the Company in writing). This Account is non-transferable, non sub-licenceable and non-assignable to third parties.
ii. Be over 18 years of age to register and get an Account, unless otherwise stated. The Services shall not be accessed or used by minors. Transportation Services shall not be available to minors, unless accompanied by you, in which case you undertake and warrant that you have are the parent, guardian or stand in a position in loco parentis and accept the care and responsibility for the minor or child.
iii. Provide certain personal information such as your name, address, mobile phone number, age, email address, profile photo and provide payment details for a payment platform used and accepted by the Company.
iv. Maintain accurate, complete, and up-to-date information in your Account, failing which can result in your inability to access or use the Services.
v. Be responsible for all activity under your Account, and you shall maintain the security and secrecy of your Account username and password at all times.
7. Prohibited Uses
i. Use the App for any fraudulent or unlawful purpose;
ii. Use the App to defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including without limitation others’ privacy rights or rights of publicity;
iii. Impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the App or express or imply that we endorse any statement you make;
iv. Interfere with or disrupt the operation of the App or the servers or networks used to make the App available or violate any requirements, procedures, policies or regulations of such networks;
v. Transmit or otherwise make available in connection with the App any virus, worm, Trojan horse or other computer code that is harmful or invasive or may or is intended to damage the operation of, or to monitor the use of, any hardware, software, or equipment;
vi. Reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purposes, any portion of, use of, or access to the App;
vii. Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the App;
viii. Remove any copyright, trademark or other proprietary rights notice from the App or materials originating from the App;
ix. Frame or mirror any part of the App without our express prior written consent;
x. Create a database by systematically downloading and storing App content;
xi. Use any manual or automatic device in any way to gather App content or reproduce or circumvent the navigational structure or presentation of the Site without our express prior written consent. Notwithstanding the foregoing, we grant the operators of public online search engines limited permission to use search retrieval applications to reproduce materials from the App for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of such materials solely in connection with each operator’s public online search service.
xii. Use of foul or abusive language, aggressive or hostile behavior or breach of any applicable laws is prohibited. You shall be courteous and respectful to Third-Party Providers and other persons related to the provision of the Services.
xiii. You shall access and use the Services so as to not to cause or become a nuisance, annoyance, inconvenience to any third party and you shall not cause any property damage or injury or harm to any person as it relates to the Services.
8. Payment and Charges
8.1. You may be charged for the use of the Services, App and for requesting and receiving Transportation Services “Charges”.
8.2. Charges may include other applicable fees and/or surcharges including a booking fee, or processing fees for split payments.
8.3. The Company may use the charges for any purpose, subject to any payment obligations it has agreed to with any Driver.
8.4. As it relates to Drivers, Charges you incur may be owed directly to Drivers and the Driver may collect the Charges directly from you for Transportation Services and as limited payment collection agent for the Company for that portion of the Charges that represent fees for use of the Services. In these cases, the Drivers will provide a receipt or confirmation through the Apps of your payment, which is your proof of payment for the Services and Transportation Services. You should ensure receipt in your Account of confirmation of payment as soon as the Transportation Services have been received. The Driver will then be responsible to remit to the Company any part of the Charges that form the fees for your use of the Services.
8.5. The Company does not use any of the Charges for “tips” or “gratuities” to the Driver unless expressly set out in the Apps or Terms. You are free to provide additional payment as a gratuity to the Driver who provided you with the Transportation Service. However, you are under no obligation to do so. Gratuities are voluntary.
8.6. Adjustments to Charges
i. The Company reserves the right at its sole discretion to remove or adjust (whether temporarily or otherwise) all Charges for any of the Services, including the Transportation Services obtained by you through your use of the Services and App.
ii. You agree that Charges may surge from time to time based on traffic, times of high demand and other socio-politico and geographic factors or reasonable considerations.
iii. While the Company will use reasonable commercial efforts to inform you of discounts, Promo Codes, surges, hikes and adjustments to Charges, you agree to pay all Charges incurred under your Account, whether or not you have advance notice of the foregoing.
iv. The aforementioned discounts and Promo Codes unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you.
8.7. Charges paid by you are final and non-refundable, unless otherwise determined by the Company.
8.8. You may choose to cancel your request for the Transportation Services at any time prior to the commencement of such Services, in which case you may be charged a cancellation fee on a Driver’s behalf.
8.9. You may choose to rate your experience upon use of the Transports Services and leave other feedback through features on the Apps.
9. Marketing: SMS/Email/Telephone Calls:
9.1 You agree that Company may contact you by telephone, text or email messages at any of the phone numbers or email addresses you provide for an Account, in relation to the Services or marketing thereof and as set out in the App. You understand that you are not required to provide this consent as a condition of this Service.
9.2 The Company may but is not obliged to create and issue referral or promotion codes (“Promo Codes”) to be redeemed for discounts or as specified benefits for the Services, subject to additional terms set by the Company. You shall not sell or duplicate or create counterfeit Promo Codes or redeem same for cash. You shall use the Promo Codes specifically as set by the Company. Promo Codes can be withdrawn or terminated at any time without liability on the Company’s part, even before any given expiration period. The Company retains the right to withhold or deduct credits or other features or benefits obtained through the use of the referral system or from Promo Codes by you or any other user where the Company determines that the use of such Promo Code was in error, fraudulent, illegal, or otherwise in violation of the Terms.
9.3 The Company may in its sole discretion, allow you to submit, post, upload, publish or provide the Company with text, audio and/or visual content of any nature, (“User Data Provision”) (including but not limited to feedback on Services, entries for competitions etc.), (“User Data”). The User Data remains your property. By providing the User Data, you agree to grant the Company a royalty free global perpetual irrevocable, transferable, sublicensable to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Data in all formats and distribution channels (present and future) including on the App, the Company and third party websites and channels (present and future) without further notice to or consent from you, and without the requirement of payment to you or any other person or entity (“User Data Licence”). You represent and warrant that:
i. You either are the sole and exclusive owner of all User Data or you have all rights, licenses, consents and releases necessary to grant Company the User Data Licence; and
ii. Neither the User Data, the User Data Provision, the grant of the User Data Licence or use by the Company or sublicensees of the User Data Licence 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.
9.4 You agree to not provide User Data that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Company in its sole discretion, whether or not such material may be protected by law. The Company may, but shall not be obligated to, review, monitor, or remove User Data, at the Company’s sole discretion and at any time and for any reason, without notice to you.
10. Intellectual Property and Ownership.
10.1. The Services and all rights therein are and shall remain the property of the Company’s or its licensor’s property. The Terms and your use of the Services and App confers no rights to you except as set out in the aforementioned limited licence.
10.2. You may not:
i. Remove any copyright, trademark or other proprietary notices from any portion of the Services; or
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 or App unless as expressly consented to by the Company;
10.3. Claims of Copyright Infringement should be reported to [ [email protected] ].
12.1. The Services are provided “as is” and “as available.” The Company 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.
12.2. In addition, the Company makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability, availability of the Services including the Transportation Services. The Company makes no representation, warranty, or guarantee that the services will be uninterrupted or error-free.
12.3. While the Company uses best commercial efforts to negotiate with Drivers the latter should comply with all applicable laws in its operations and uphold high standards of quality service, the Company does not guarantee the quality, suitability, safety or ability of the Drivers. You agree that the entire risk arising out of your use of the Services or App, and any service or good requested in connection therewith including the Transportation Services, remains solely with you, to the maximum extent permitted under applicable law.
13. Limitation of Liability.
13.1. The Company shall not, in any circumstances, to the fullest extent permitted by law, 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 Services, App or Transportation Services requested.
13.2. The Company shall not, in any circumstances, to the fullest extent permitted by law, be liable for any damages, liability or losses arising out of:
i. Your use of or reliance on the Services, App or Transportation Services
ii. Your inability to access or use the Services or App; or
iii. Any transaction or relationship between you and any third party provider or Driver even if the Company has been advised of the possibility of such damages.
13.3. The Company shall not be liable for delay or failure in performance resulting from causes beyond Company’s reasonable control.
13.4. You acknowledge that third party providers or Drivers providing Transportation Services may not be professionally licensed or permitted.
13.5. The Services and App may be used by you to request and schedule Transportation Services but you agree that Company has no responsibility or liability to you related to the provision of Transportation Services to you by Drivers other than as expressly set forth in these terms.
13.6. The Limitations and disclaimer do not purport to limit liability or alter your rights as a consumer that cannot be excluded under applicable law but sets out that Company’s liabilities under the Terms shall be strictly limited and restricted to the extent permitted by law.
14. Indemnity. You agree to indemnify and hold the Company and its affiliates and their officers, directors, employees, servants and agents and contractors 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, App or Transportation Services;
ii. Your breach or violation of any of these Terms;
iii. The Company’s use of your User Data; or
iv. Your violation of the rights of any third party, including Third Party Providers and Drivers.
15. Notice. The Company may give notice by means of a general notice on the App, electronic mail to your email address in your Account, telephone or text message to any phone number provided in connection with your account, or by written communication sent by first class mail or pre-paid post to any address connected with 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 or telephone). You may give notice to Company, with such notice deemed given when received by Company, at any time by first class mail or pre-paid post to our registered address.
16. Arbitration: By agreeing to the Terms you agree that:
16.1. All disputes you raise with Company including but not limited to the Terms or the existence, breach, termination, enforcement, interpretation or validity thereof, or your access to or use of the Services or App shall be resolved on an individual basis first through Mediation governed by the Mediation Act Chap: 5:02
16.2. Should the dispute remain unresolved after Mediation the Parties agree to submit to arbitration, governed by the Arbitration Act Chap:5:01 of the Territory and such decision of arbitration shall be binding and final.
16.3. The Parties shall mutually agree to one arbitrator from the Dispute Resolution Centre to hear and determine the dispute. If the parties cannot agree on the arbitrator within one week of delivery of the written demand for arbitration by a party, the Dispute Resolution Centre shall appoint one and the Parties agree to be bound by the decision of the Dispute Resolution Centre.
16.4. The parties may mutually select a venue (for cost savings purposes) subject to agreement by the selected arbitrator.
17.1. You may not assign the Terms or your rights or obligations under the Terms to any other party unless Company’s prior written approval is obtained. Company may assign these Terms without your consent to any third party. Any purported assignment in violation of this section shall be void.
17.2. No joint venture, partnership, employment, or agency relationship exists between you, Company or any Drivers as a result of this Agreement or use of the Services.
17.3. 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.
17.4. The Company’s 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 the Company in writing.
18. The Company may at any time for any reason forthwith terminate, withhold, withdraw or deny access to these Terms or Services (or any part thereof) to you.