These terms and conditions (“User Terms”) apply to an individual (“you”), using the Ride Austin Services (more fully described in Section 2 hereunder), provided by Ride Share Austin (“we” or “us” or “our”) within the state of Texas, whether through our mobile applications or websites (each an “Application”). You acknowledge and agree that we are a technology services provider that does not provide transportation services. PLEASE READ THESE USER TERMS CAREFULLY BEFORE ACCESSING OR USING THE RIDE AUSTIN SERVICES.
Your access and use of the Ride Austin Services constitutes your agreement to be bound by these User Terms, which establishes a contractual relationship between you and us. If you do not agree to these User Terms, you may not access or use the Ride Austin Services. These User Terms expressly supersede prior agreements or arrangements with you. We may immediately terminate these User Terms or any services with respect to you, or generally cease offering or deny access to the Ride Austin Services or any portion thereof, at any time for any reason.
Supplemental terms may apply to your use of the Ride Austin Services, such as use policies or terms related to certain features and functionality, which may be modified from time to time (“Supplemental Terms”). You may be presented with certain Supplemental Terms from time to time. Supplemental Terms are in addition to, and shall be deemed a part of, these User Terms. Supplemental Terms shall prevail over these in the event of a conflict.
1. ELIGIBILITY AND CONDUCT
a. You will be “Eligible” to use the Ride Austin Services only when you fulfil all of the following conditions:
I. You have attained at least 18 (eighteen) years of age; and
II. You are competent to enter into a contract under applicable city, state and federal laws.
If you reside in a jurisdiction that restricts the use of the service because of age, or restricts the ability to enter into contracts such as these User Terms due to age, you must abide by such age limits.
b. You may not assign or otherwise transfer your User Account (defined below) to any other person or entity. You agree to comply with all applicable laws when using the Ride Austin Services and you may only use the Ride Austin Services for lawful purposes. You will not, in your use of the Ride Austin Services cause nuisance, annoyance, inconvenience, or property damage, whether to the Ride Austin Providers (defined below) or any other party. In certain instances you may be asked to provide proof of identity to access or use the Ride Austin Services and you agree that you may be denied access to or use of the Ride Austin Services if you refuse to provide proof of identity.
2. RIDE AUSTIN SERVICES
The Ride Austin Services constitute an Application that enables you (through the Application) to arrange and schedule transportation services with third party providers of such services, including independent third party transportation providers under agreement with us ("Ride Austin Providers"). Unless otherwise agreed by us in a separate written agreement with you, the Ride Austin Services are made available solely for your personal, non-commercial use.
3. USER ACCOUNT
In order to use the Ride Austin Services, you must register for and maintain an active personal user Ride Austin Services account ("User Account") on our Application. The User Account registration requires you to submit with us certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method (either a credit card or accepted payment partner). You agree to maintain accurate, complete, and up-to-date information in your User Account. Your failure to maintain accurate, complete, and up-to-date User Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Ride Austin Services or our termination of these User Terms with you. You are responsible for all activity that occurs under your User Account, and you agree to maintain the security and secrecy of your User Account including your username and password at all times. Unless otherwise permitted by us in writing, you may only possess one User Account.
a. In order to avail the Ride Austin Services, you will need to request for such Ride Austin Services through the Application developed or provided by us. Your request for the Ride Austin Services may appear to an Ride Austin Provider if such an Ride Austin Provider is available and in your vicinity. Upon acceptance of your request by an Ride Austin Provider, you will be provided with information of such Ride Austin Provider including his/her first name, contact information, photograph and location, and the Vehicle’s (defined below) model and license plate number. You acknowledge and agree that you shall be entitled to cancel the Ride Austin Services at any time up within five (5) minutes from the time of making a request, without any cancellation fee being chargeable to you, however once the request is accepted by a Ride Austin Provider and you cancel a request thereafter, a cancellation fee will be chargeable. Also, if you make the Ride Austin Provider wait for a prolonged period of time (exceeding at least five (5) minutes) after the Ride Austin Provider’s arrival at the pick-up point, you acknowledge that the Ride Austin Provider shall be entitled to cancel the Ride Austin Service and that a cancellation fee shall be chargeable to you. The Ride Austin Provider will obtain your desired destination from you in person upon pickup or via the Application if you elect to enter such destination via the Application. “Vehicle” means the vehicle used to provide the Ride Austin Service that: (a) is owned by an Ride Austin Provider or is authorized for use by the Ride Austin Provider by the rightful owner; and (b) authorized by us for the Ride Austin Provider to provide the Ride Austin Services to you.
b. Upon your utilization of the Ride Austin Services provided by an Ride Austin Provider, we will prepare an applicable receipt and issue such receipt to you via email. Receipts include the breakdown of amounts you are charged for the Ride Austin Services and may include specific information of the Ride Austin Provider including his name, contact information and photograph , as well as a map of the route you were taken.
c. By creating a User Account, you agree that the Ride Austin Services may send you informational text messages as part of the normal business operation of your use of the Ride Austin Services to your mobile number registered with us in the User Account. You may opt-out of receiving text messages from us at any time by deleting the Application from the mobile device receiving the messages. You acknowledge that opting out of receiving text messages may impact your use of the Ride Austin Services.
d. We may, at our sole discretion, create codes for promotional purposes that may be redeemed for the User Account credit, or other features or benefits related to the Ride Austin Services and/or a Ride Austin Provider's services, subject to any additional terms that we may establish on a per promotional code basis ("Promo Codes"). You agree that Promo Codes: (i) must be used for the intended 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 us; (iii) may be disabled by us at any time for any reason without liability on us; (iv) may only be used pursuant to the specific terms that we create for such Promo Codes; (v) are not valid for cash; and (vi) may expire prior to your use. You acknowledge that we reserve the right to withhold or deduct credits or benefits obtained through the usage of Promo Codes by you or any other user in the event we determine that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these User Terms.
You acknowledge that after your utilisation of the Ride Austin Services, an Ride Austin Provider who provided the Ride Austin Services will be requested to provide a rating for you and for the Ride Austin Services availed by you and optionally, to provide comments or feedback about you and such Ride Austin Services. You will also be requested through the Application to provide a rating for the Ride Austin Provider and for the Ride Austin Services availed from such an Ride Austin Provider and optionally, to provide comments or feedback about such Ride Austin Provider and such Ride Austin Services. The ratings and feedback you provide shall be made in good faith. We reserve the right to edit or remove comments in the event that such comments include obscenities or other objectionable content, include an individual’s name or other personal information, or violate any privacy laws, other applicable laws or our policies.
6. USER CONTENT
a. We may, in our sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to us through the Ride Austin Services textual, audio, and/or visual content and information, including feedback related to the Ride Austin Services, initiation of support requests, and submission of your relevant details for promotions purposes ("Content"). Any Content provided by you remains your property. However, by providing the Content to us, you grant us with a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such Content in all formats and distribution channels now known or hereafter devised (including in connection with the Ride Austin Services and our business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you.
b. You agree not to provide Content that is defamatory, libellous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by us in our sole discretion, whether or not such material may be protected by law. We may, but shall not be obligated to, review, monitor, or remove the Content at any time, at our sole discretion and for any reason, without notice to you.
7. THIRD PARTY SERVICES AND CONTENT
8. NETWORK AND DEVICE
You are responsible for acquiring a compatible hardware or devices necessary to access and use the Ride Austin Services and Applications and any updates thereto. You will be subjected to mobile network's data and messaging rates and fees that may apply if you access or use the Ride Austin Services from a wireless-enabled device. We do not guarantee that the Ride Austin Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Ride Austin Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
a. We are entitled to charge you with a fare for each instance of completed Ride Austin Services provided to you, which shall be displayed on the Application at the completion of your trip (“Fees”). For your reference, the Fees are calculated based upon the fare schedule set forth at http://www.rideaustin.com being “Fee Calculation”).
The Fees displayed on the Application is the only payment made by you in connection with the usage of Ride Austin Services. The Ride Austin Provider is also entitled to charge you for any Tolls or taxes incurred during the provision of Ride Austin Services, if applicable. You shall appoint us as your payment collection agent solely for the purpose of accepting the applicable Fees and taxes via the payment methods facilitated by the Ride Austin Services. Payment of the Fees in such manner shall be considered the same as payment made directly by you to the Ride Austin Provider. Fees will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by us.
b. We reserve the right to modify and/ or adjust the Fee Calculation at any time in based upon local market factors, and you will be provided with notice in the event of changes that would result in a change in the recommended Fee. Continued usage of the Ride Austin Services after any such change in the Fare Calculation shall constitute your consent to such change.
c. You shall be responsible for the cost of repair for damage to, or necessary cleaning of, the Ride Austin Provider’s Vehicle and property resulting from use of the services under your User Account in excess of normal “wear and tear” damages and necessary cleaning (“Repair or Cleaning”). In the event that an Ride Austin Provider reports the need for Repair or Cleaning, and such Repair or Cleaning request is verified by us in our reasonable discretion, we reserve the right to facilitate payment for the reasonable cost of such Repair or Cleaning on behalf of the Ride Austin Provider using your payment method designated in your User Account. Such amounts will be transferred by us to the applicable Ride Austin Provider and are non-refundable.
d. In the event you cancel an accepted request for the Ride Austin Services which is not authorized under these User Terms as non-chargeable, you may be charged with a cancellation fee (“Cancellation Fee”).
e. This payment structure is intended to fully compensate the Ride Austin Provider for the Ride Austin Services. We do not designate any portion of your payment as a tip or gratuity to the Ride Austin Provider. Any representation by us (on the Application) to the effect that tipping is "voluntary," "not required," and/or "included" in the payments you make for services is not intended to suggest that we provide any additional amounts, beyond those described above, to the Ride Austin Provider. You understand and agree that, while you are free to provide additional payment as a gratuity to any Ride Austin Provider who provides you the Ride Austin Services, you are under no obligation to do so. Gratuities are voluntary.
10. Intellectual Property Rights
a. The Ride Austin Services and Application, including all Intellectual Property Rights (defined below) herein are and shall remain our property or our respective licensors. Subject to your compliance with these User Terms, you are granted with a limited, non-exclusive, non-sub licensable, revocable, non-transferrable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Ride Austin Services; and (ii) access and use any content, information and related materials that may be made available through the Ride Austin Services, in each case solely for your personal, non-commercial use. Any rights not expressly granted herein are reserved by us and our licensors.
b. Unless specifically permitted elsewhere in these User Terms, you are not permitted to use or make any references to us, or our respective licensors’ company names, logos, products and service names, trademarks, service marks, trade dress, copyrights or other indication of ownership, alone and in combination with other letters, punctuation, words, symbols and/or designs (the "Intellectual Property Rights") for any commercial purposes. You agree that you will not try to register or otherwise use and/or claim ownership in any of the Intellectual Property Rights, alone or in combination with other letters, punctuation, words, symbols and/or designs, or in any confusingly similar mark, name or title, for any goods and services.
c. You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Application; (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 Application except as expressly permitted by us; (iii) decompile, reverse engineer or disassemble the Application except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Application; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Application or unduly burdening or hindering the operation and/or functionality of any aspect of the Application; or (vi) attempt to gain unauthorized access to or impair any aspect of the Application or its related systems or networks.
11. Representations and Warranties; Disclaimer
a. You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant us the license to the User Content as set forth above; (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor our use of the User Content as permitted herein will infringe, misappropriate or violate a third party's intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation; (iii) you will not impersonate any person or entity; (iv) you will not stalk, threaten, or otherwise harass any person, or carry any weapons during your utilization of the Ride Austin Services; (v) you will not violate any law, statute, ordinance or regulation; (v) you will not interfere with or disrupt the Ride Austin Services or the Application or the servers or networks connected to the Application; (vi) you will not post information or interact on the Application in a manner which is false, inaccurate, misleading (directly or by omission or failure to update information), defamatory, libellous, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, or illegal; (vii) you will not link the Application directly or indirectly to any other web sites; (viii) you will not transfer or sell your User Account, password and/or identification to any other party; (ix) you will not cause any third party to engage in the restricted activities above; (x) you will always act with socially acceptable demeanour when interacting with the Ride Austin Providers and not be abusive, obnoxious or offensive; (xi) you will not force the Ride Austin Providers to carry additional passengers in the Vehicle than the authorized number per applicable law; (xii) you will not make subject the Ride Austin Providers to prolonged wait times unreasonably; and (xiii) you will treat the property of the Ride Austin Provider and the Vehicle with care and not cause any intentional damage.
b. We provide and you accept that the Ride Austin Services and the Application are provided on an "as is" and "as available" basis. We disclaim all representations and warranties, express, implied, or statutory, not expressly set out in these User Terms, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement. In addition, we make no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability, or availability of the Ride Austin Services or any services requested through the use of the Ride Austin Services, or that the Application will be uninterrupted or error-free. Although we subject the Ride Austin Providers to a background check, we do not guarantee the quality, suitability, safety or ability of Ride Austin Providers. You agree that the entire risk arising out of your use of the Ride Austin Services and/ or the Application and any service or good requested in connection therewith, remains solely with you, to the maximum extent permitted under applicable law. You agree that we do not hold any responsibility or liability to you related to any transportation services provided to you by Ride Austin Providers other than as expressly set forth in these User terms.
You agree to indemnify and hold us and our 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) services or goods obtained through your use of the Ride Austin Services and/ or the Application; (ii) your breach or violation of any of these User Terms; (iii) our usage of your Content; or (iv) your violation of the rights of any third party, including Ride Austin Providers. Indemnification obligation will survive these User Terms and your use of the Ride Austin Service and the Application.
13. Limitation of Liability
a. We 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 Austin Services and/ or the Application, even if we were advised of the possibility of such damages. We shall not be liable for any damages, liability or losses arising out of: (i) your usage and/ or reliance of the Ride Austin Services and/or the Application or your inability to access or use the Ride Austin Services and/or the Application; or (ii) any transaction or relationship between you and any Ride Austin Provider, even if we were advised of the possibility of such damages. We shall not be held liable for any delay or failure in performance resulting from causes beyond our reasonable control. You acknowledge that Ride Austin Providers providing the Ride Austin Services requested through some request brands may offer ridesharing or peer-to-peer transportation services and may not be professionally licensed or permitted.
b. In no event shall our total liability to you in connection with the Ride Austin Services and/ or the Application for all damages, losses and causes of action arising out of or under these User Terms exceed the Fees actually paid to, or due to, us for the particular Ride Austin Service giving rise to such claim.
c. The limitations and disclaimer under these User Terms do not purport to limit liability or alter your rights as a consumer that cannot be excluded under applicable law.
a. Amendments. We reserve the right to modify these User Terms at any time upon posting the amended terms on http://www.rideaustin.com/userterms. If we make changes, the same shall be notified to you by, at a minimum, revising the “Last Updated” date at the top of these User Terms. You are responsible for regularly reviewing these User Terms. Continued use of the Ride Austin Services after any such changes shall constitute your consent to such changes. If you do not agree to any such changes you may not use the Ride Austin Services.
b. Severability. If any provision of these User Terms is or becomes invalid or non-binding, the parties shall remain bound by all other provisions hereof. In that event, the parties shall replace the invalid or non-binding provision with provisions that are valid and binding and that have, to the greatest extent possible, a similar effect as the invalid or non-binding provision, given the contents and purpose of these User Terms.
c. Assignment. Neither party shall assign or transfer these User Terms or any of its rights or obligations hereunder, in whole or in part, without the prior written consent of the other party; provided that we may assign or transfer these User Terms or any or all of its rights or obligations under these User Terms from time to time without consent: (a) to an affiliate; or (b) to an acquirer of all or substantially all of our business, equity or assets.
e. No Third Party Beneficiaries. Nothing contained in this Agreement is intended to or shall be interpreted to create any third-party beneficiary claims.
f. Notices. We may give notice by means of a general notice on the Ride Austin Services, electronic mail to your email address in your User Account, or by written communication sent by first class mail or pre-paid post to your address in your User Account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to us, with such notice deemed given when received by us, at any time by first class mail or pre-paid post to Ride Share Austin, Attention: Legal - 401 Congress Ave Suite 2650 Austin, TX 78701.
g. Waiver. Our failure to enforce any right or provision in these User Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing
h. Dispute. If Fees, Repair or Cleaning, Cancelation or other matters ever become the subject of dispute. We and you agree to follow the following dispute resolution process regarding any such dispute: (i) you shall provide us with notice of any such dispute at email@example.com (with reasons and evidence), and (ii) our customer service representative will review your claim and make a good faith effort to resolve the dispute.
i. Governing Law. It is understood and agreed that the construction and interpretation of these User Terms shall at all times and in all respects be governed by the laws of State of Texas without regard to its rules of conflicts of laws. By accepting these User Terms, you agree to submit to the exclusive jurisdiction and venue of Federal and State courts located in Austin, Texas.
j. Survival. Each provision of this Agreement that would by its nature or terms survive any termination of these User Terms shall survive any termination of this Agreement, regardless of the cause.
Last Updated: May 25, 2016