TERMS AND CONDITIONS
This Agreement was last revised on August 27th, 2020.
Joviride (“Mobile Application”) welcomes you.
We offer you access to our services through our “Mobile Application” (defined below) subject to the following Terms of this agreement, which may be updated by us from time to time with or without notice to you.
- “Service” or “Services” denotes any service shown below, which we may offer from our Mobile Application.
- “User”, “You” and “your” are denotes to the person who is accessing the Mobile Application for taking or availing any service from us. User shall include the company, partnership, sole trader, person, body corporate or association taking services of this Mobile Application;
- “Customer” refers to the users, accessing mobile application for taking various services from the driver registered with the app;
- “Driver” refers to the Service Provider registered with the Mobile Application for providing the taxi/cab services to the users;
- “We”, “us”, “our” and “Company” are references to Joviride;
- ” Mobile Application” shall mean and include Joviride, mobile-application (“App or “Mobile Application”) and any successor Mobile Application of the Company or any of its affiliates;
- “User Account” shall mean an electronic account opened for the User for availing various services offered in the Mobile Application;
- “Driver Account” shall mean an electronic account opened for the Driver for providing cab/taxi services to the user.
- All references to the singular include the plural and vice versa and the word “includes” should be construed as “without limitation”.
- Words importing any gender shall include all the other genders.
- Reference to any statute, ordinance or other law includes all regulations and other instruments and all consolidations, amendments, re-enactments or replacements for the time being in force.
- All headings, bold typing, and italics (if any) have been inserted for convenience of reference only and do not define limit or affect the meaning or interpretation of the terms of this Agreement.
- INTRODUCTION AND SCOPE
- Scope. These Terms govern your use of the Mobile Application and the Services. Except as otherwise specified, these Terms do not apply to Third-Party Products or Services, which are governed by their own terms of service.
- Eligibility: Certain Service of the Mobile Application is not available to minors under the age of 13 or to any users suspended or removed from the system by us for any reason.
- Electronic Communication: When you use this Mobile Application or send e-mails and other electronic communications from your desktop or mobile device to us, you are communicating with us electronically. By sending, you agree to receive a reply communication from us electronically in the same format and you can keep copies of these communications for your records.
Joviride is a meticulously designed digital platform where customer, customer and Driver can identify each other and can access, book and pay for the range of services online.
We act as aggregators and make it possible for potential customers seeking cab services and make a booking for such services through its Mobile Application.
- ABOUT OUR SERVICE
We act as an aggregator and provide you various Providers of services that has been designed to save you time and money. We strive to provide you with the information you need to make an informed choice on which provider of service best suits your needs.
When you make a booking for cab/taxi the driver reaches you as per the location provided by you, the default status of that booking will be “pending confirmation”. During this phase, Joviride representative will check to see if the booking will be available according to the specifications (date, time, & other requests filled out in the booking form) requested.
When driver approves a booking, the status of the booking will be changed to “approved”. You will receive confirmation by SMS and Email.
The driver will reach you as per the specification of taxi provided by you.
Cancellations are free as long as the request is made within 5 minutes after booking.
By Completing a booking, you agree to receive email and mobile notifications for each for the following reservation statuses: Pending, Approved, Rejected, Canceled.
You agree to have the information you entered through booking forms on Joviride be transmitted to relevant employees and associates of Joviride and Service Providers registered with Joviride via email, phone and SMS in order to facilitate your request.
- MODIFICATIONS TO THE SERVICE
We reserve the right, in our discretion, to change, modify, add to, or remove portions of the Terms (collectively, “Changes”), at any time. We may notify you of changes by sending an email to the address identified in your Account or by posting a revised version of the Terms incorporating the changes to our Mobile Application. Your continued use of the Site following the posting of changes will mean that you accept and agree to the Changes.
For accessing the Mobile Application and using certain resources, you may be required to provide specific information and to create a user ID and password to establish an account. You may establish free account (“Free Account”).
When you create an account, we collect registration-related information such as name, address, e-mail, and phone number. Once you submit the required registration information, we are sole responsible toll determine whether or not to approve your proposed account. If approved, you will be sent an e-mail detailing how to complete your registration.
You accept that the details you provide about establishing an account are correct and that you will keep your details up-to-date. You are responsible for the security of all of your user names, passwords, and registration information (such as unique account identifiers or historical billing information), and you are solely responsible for any use (authorized or not) of your accounts. You agree to notify us immediately about any unauthorized activity regarding any of your accounts or other breaches of security. We may at our discretion suspend or terminate any of your user names and passwords at any time with or without notice.
- USER CONTENT
- Content Responsibility.
The Mobile Application permits you to submit contents, feedback, etc. but you are solely responsible for the content submitted by you. You represent that you have required permission to use the content.
When submitting content to the Mobile Application, please do not submit content that:
- contains ill-mannered, profane, abusive, racist or hateful language or expressions, text, photographs or illustrations that are pornographic or in poor taste, inflammatory attacks of a personal, racial or religious nature;
- is defamatory, threatening, disparaging, grossly inflammatory, false, misleading, fraudulent, inaccurate, unfair, contains gross exaggeration or unsubstantiated claims;
- violates the privacy rights of any third party, is unreasonably harmful or offensive to any individual or community;
- discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation or disability, or refers to such matters in any manner prohibited by law;
- violates or inappropriately encourages the violation of any municipal, state, federal or international law, rule, regulation or ordinance;
- sends repeated messages related to another user and/or makes derogatory or offensive comments about another individual or repeats prior posting of the same message under multiple emails or subjects.
Any such submitted content will be refused by us. If repeated violations occur, we reserve the right to cancel user access to the Mobile Application without advanced notice.
- PAYMENT AND REFUND
- You will pay the full amount agreed for a service you reserved through Joviride platform.
- Fulfilment of Driver Service: Once you booking is approved, the driver will meet you at your’s location at the agreed upon time. The driver will begin to render agreed upon services immediately or as soon as possible. You will abide by the driver’s rules while on the driver’s vehicle. You will confirm your security phrase with your Vehicle at the meeting point. If the Individual meeting you does not know the security phrase, he or she may be impersonating your driver, there for you should refuse their service. Please call Joviride immediately if this happens.
- Not Allowed: You agree that the service provider can refuse rendering services to you for reasons that include but are not limited to you being unfit to engage in services, disrespectful to the Service Providers staff, infected with a contagious virus or disease, etc.
- Payment mode shall be:
- Online: Credit Cards and Debit cards;
- Accepted cards are: Visa / Delta / Electron / MasterCard / Eurocard / Maestro/ American Express Debit cards are accepted if they have a Visa or MasterCard logo.
- We may refuse or unable to process your order if:
- You card does not give authorization for the payment of purchase price.
- You do not meet the eligibility to order criteria set out above.
- You must notify us instantly if any particulars are inappropriate.
- Please check our Cancellation and Refund Policy for related questions.
- Payment made via online is not refundable unless due to admin error or due to special circumstances.
- We are happy to support you if there is any issue you can contact our back-office team for any inquiry or problem.
- We take customer feedback very seriously and use it to constantly improve the quality of service.
- GENERAL CONDITIONS
- We do not guarantee the accuracy, completeness, validity, or timeliness of information listed by us.
- We make material changes to these terms and conditions time to time; we may notify you either by prominently posting a notice of such changes or via email communication.
- The Mobile Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sub-licensable basis, solely to be used in connection with the Service for your private, personal, non-commercial use, subject to all the terms and conditions of this Agreement as they are applicable to the Service.
- You further acknowledge and agree that we have no obligation whatsoever to furnish any maintenance and support services with respect to the App.
- In the event of any failure of the Mobile Application to conform to any applicable warranty, including those implied by law, you may notify us of such failure; upon notification, our sole warranty obligation to you will be to refund to you the purchase price, if any, of the Mobile Application.
- You acknowledge and agree that we are not responsible for addressing any claims you or any third party may have in relation to the Mobile Application;
- Both you and us acknowledge and agree that, in your use of the Mobile Application you will comply with any applicable third-party terms of agreement which may affect or be affected by such use.
- You agree that Joviride will not be liable or responsible for the resulting effect a Service provider’s refusal to render services to you, may have on you.
- Joviride reserves the right to suspend/terminate usage or access to the platform or system.
- We charge customers based on distance travelled, type of vehicle used and other additional services available.
- Drivers are fully responsible for the safety of customer during transport.
- As an independent driver you are able to accept an appointment for yourself and you have the right to postpone or cancel the trip to an allocated booking.
- The fees that the user pays to Joviride are due immediately and non-refundable (‘service fee’).The service fee shall be a percentage of the user charges as determined by Joviride from time to time. This no-refund policy also applies even after the user suspends or terminate usage to the platform.
- Joviride reserves the right to suspend/terminate driver usage or access to the platform or system.
- Joviride shall administer payments to you from your wallet system in the Joviride Rider app.
- Earnings and previous rides are documented in the app and the option of withdrawal to driver’s bank account.
- LIMITED GUARANTEE
By this Mobile Application:
- We provide an opportunity for you to avail the offered services from our Mobile Application.
- We do not provide any warranty or guarantee that the service descriptions are accurate, complete, reliable, current, or error-free. If a Services offered by the Mobile Application is not as described, your sole remedy is to intimate us about Services for taking further action.
- GEOGRAPHIC RESTRICTION
We reserve the right, but not the obligation, to limit the usage or supply of any service to any person, geographic region, or jurisdiction. We may use this right as per the necessity. We reserve the right to suspend any Service at any time. Any offer to provide any Service made on this Mobile Application is invalid where banned.
- USER RESPONSIBILITIES
- You shall use the Service and Mobile Application for a lawful purpose and comply with all the applicable laws while using the Mobile Application;
- You shall not use or access the Mobile Application for collecting any market research for some competing business;
- You shall not misrepresent or personate any person or entity for any false or illegal purpose;
- You will not use any device, scraper, or any automated thing to access the Mobile Application for any means without taking permission.
- You will inform us about anything that is inappropriate or you can inform us if you find something illegal;
- You will not interfere with or try to interrupt the proper operation of the Mobile Application through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or try to gain access to any data, files, or passwords connected to the Mobile Application through hacking, password or data mining, or any other means;
- You will not cover, obscure, block, or in any way interfere with any advertisements and/or safety features (e.g., report abuse button) on the Mobile Application;
- You will let us know about the unsuitable content of which you become aware. If you discover something that infringes any law, please let us know, and we’ll review it.
- You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our Mobile Application. We reserve the right to investigate complaints or reported violations of our Terms and to take any action we deem appropriate, including but not limited to canceling your Member account, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties
We reserve the right, in our sole and absolute discretion, to deny you access to the Mobile Application or any service, or any portion of the Mobile Application or service, without notice, and to remove any content.
- EXCLUSION OF LIABILITY
We take no responsibility for any indirect damage that may result from the service.
We accept no responsibility for delays/errors due to circumstances outside the Company’s ruling (Force Majeure). These circumstances can be, for example, labor conflict, fire, war, government decisions, reduced or non-delivery.
We shall not be liable and responsible for the behavior of the users. And we are also not accountable for the quality of the services provided by the Driver of the Mobile Application.
You understand and agree that we (a) do not guarantee the accuracy, completeness, validity, or timeliness of information listed by us or any third parties; and (b) shall not be responsible for any materials posted by us or any third party. You shall use your own judgment, caution, and common sense in evaluating any prospective methods or offers and any information provided by us or any third party.
Further, we shall not be liable for direct, indirect consequential, or any other form of loss or damage that may be suffered by a user through the use of the Joviride Mobile Application including loss of data or information or any kind of financial or physical loss or damage.
In no event shall JOVIRIDE, nor its owners, directors, employees, partners, agents, suppliers, or affiliates, be accountable for any indirect, incidental, special, eventful or exemplary costs, including without limitation, loss of proceeds, figures, usage, goodwill, or other intangible losses, consequential from (i) your use or access of or failure to access or use the Service; (ii) any conduct or content of any third party on the Service; and (iii) unlawful access, use or alteration of your transmissions or content, whether or not based on guarantee, agreement, domestic wrong (including carelessness) or any other lawful concept, whether or not we’ve been aware of the possibility of such damage.
- NO RESPONSIBILITY
We are not responsible to you for:
- any reliance that you may place on any material or commentary posted on our Mobile Application. Please note that nothing contained in our Mobile Application or the material published on it is intended to amount to advice on which you should rely; or
- any losses you suffer because the information you put into our Mobile Application is inaccurate or incomplete; or
- any losses you suffer because you cannot use our Mobile Application at any time; or
- any errors in or omissions from our Mobile Application; or
- any losses you may suffer by relying on any commentary, postings or reviews (of our services or that of our partners) on our Mobile Application; or
- any unauthorized access or loss of personal information that is beyond our control.
- THIRD-PARTY LINKS
The Mobile Application may comprise links to external or third-party Websites (“External Sites”). These links are provided exclusively as ease to you and not as an authorization by us of the content on such External Sites. The content of such External Sites is created and used by others. You can communicate the site administrator for those External Sites. We are not accountable for the content provided in the link of any External Sites and do not provide any representations about the content or correctness of the information on such External Sites. You should take safety measures when you are downloading files from all these Websites to safeguards your computer from viruses and other critical programs. If you agree to access linked External Sites, you do so at your own risk.
- ERRORS, INACCURACIES, AND OMISSIONS
Every effort has been taken to ensure that the information offered on this Mobile Application is accurate and error-free. We apologize for any errors or omissions that may have occurred. We cannot give you any warranty that usage of the Mobile Application will be error-free or fit for purpose, timely, that defects will be amended, or that the site or the server that makes it available are free of viruses or bugs or signifies the full functionality, accuracy, reliability of the Mobile Application and we do not make any warranty whatsoever, whether express or implied, relating to fitness for purpose, or accuracy.
- DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
The mobile application and the service are provided on an “as is” and “as available” basis without any warranties of any kind, including that the mobile application will operate error-free or that the mobile application, its servers or its content or service are free of computer viruses or similar contamination or destructive features.
We disclaim all licenses or warranties, including, but not limited to, licenses or warranties of title, seller ability, non-violation of third parties’ rights, and fitness for particular purpose and any warranties arising from a matter of dealing, course of performance, or usage of trade. In relation with any warranty, contract, or common law tort claims: (i) we shall not be liable for any unintended, incidental, or substantial damages, lost profits, or damages resulting from lost data or business stoppage resulting from the use or inability to access and use the mobile application or the content, even if we have been recommended of the possibility of such damages.
The mobile application may comprise technical incorrectness or typographical errors or omissions. Unless required by applicable laws, we are not accountable for any such typographical, technical, or pricing errors recorded on the mobile application. The mobile application may contain information on certain services, not all of which are available in every location. A reference to a service on the mobile application does not suggest that such service is or will be accessible in your location. We reserve the right to do changes, corrections, and/or improvements to the mobile application at any time without notice.
- No warranties.
We specifically (but without limitation) disclaim
- Any implied warranties of merchantability, fitness for a particular purpose, quiet enjoyment, or non-infringement; and
- Any warranties arising out of course-of-dealing, usage, or trade. You assume all risk for any/all damages that may result from your use of or access to the services. We shall not be responsible for the loss of, damage to, or unavailability of any information you have made available through the services, and you are solely responsible for ensuring that you have backup copies of any information you have made available through the services.
- No guarantee of accuracy.
We do not guarantee the accuracy of, and disclaims all liability for, any errors or other inaccuracies in the information, content, recommendations, and materials made available through the services.
- No warranties regarding third parties. We make no representations, warranties, or guarantees, express or implied, regarding any third-party service or advice provided by a third party.
Every effort is made to keep the mobile application up and running smoothly. However, we take no responsibility for, and will not be liable for, the mobile application being temporarily unavailable due to technical issues beyond our control.
If you require any more information or have any questions about our site’s disclaimer, please feel free to contact us by email at firstname.lastname@example.org.
- COPYRIGHT AND TRADEMARK
The Mobile Application contains material, such as software, text, graphics, images, designs, sound recordings, audiovisual works, and other the material provided by or on behalf of us (collectively referred to as the “Content”). The Content may be possessed by us or third parties. Unauthorized use of the Content may infringe copyright, trademark, and other laws. You have no rights in or to the Content, and you will not take the Content except as allowed under this Agreement. No other use is allowed without prior written consent from us. You must recollect all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not transfer, provide license or sub-license, sell, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other Website or in a networked computer environment for any purpose is expressly prohibited.
If you infringe any part of this Agreement, your permission to access and/or use the Content and the Mobile application automatically terminates and you must immediately destroy any copies you have made of the Content.
Our trademarks, service marks, and logos used and displayed on the Mobile Application are registered and unregistered trademarks or service marks of us. Other company, product, and service names located on the Mobile Application may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with us, the “Trademarks”). Nothing on the Mobile Application should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. None of the Content may be retransmitted without our express, written consent for every instance.
You agree to defend, indemnify, and hold us and our officers, directors, employees, successors, licensees and assigns harmless from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of this Agreement or your misuse of the Content or the Mobile Application. We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding. We reserve the right, at your expense, to assume the exclusive defense and control of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.
If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect and enforceable.
Term. The Services will be provided to you can be canceled or terminated by us. We may terminate these Services at any time, with or without cause, upon written notice. We will have no liability to you or any third party because of such termination. Termination of these Terms will terminate all of your Services subscriptions.
Effect of Termination. Upon termination of these Terms for any reason, or cancellation or expiration of your Services: (a) We will cease providing the Services; (b) you will not be entitled to any refunds or usage fees, or any other fees, pro-rata or otherwise; (c) any fees you owe to us will immediately become due and payable in full, and (d) we may delete your archived data within 30 days. All sections of the Terms that expressly provide for survival, or by their nature should survive, will survive termination of the Terms, including, without limitation, indemnification, warranty disclaimers, and limitations of liability.
This Agreement constitutes the entire agreement between the parties hereto concerning the subject matter contained in this Agreement.
If a dispute arises between you and mobile application JOVIRIDER, our goal is to resolve such dispute quickly and cost effectively. Accordingly, you and mobile application agree that we will resolve any claim or controversy at law or equity that arises between us out of this Agreement or the Joviride Services (a “Claim”) in accordance with this section entitled “Dispute Resolution.” Before resorting to these alternatives, you agree to first contact us directly to seek dispute assistance by going to Customer Service.
For any claim arising between you and Mobile application JOVIRIDER (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $50,000, the party requesting relief may elect to resolve the dispute in a cost-effective manner through binding non-appearance-based arbitration. A party electing arbitration must initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration will be conducted by telephone, online and/or be solely based on written submissions, the specific manner will be chosen by the party initiating the arbitration; (b) the arbitration will not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) if an arbitrator renders an award the party receiving the award may enter any judgment on the award in any court of competent jurisdiction.
GOVERNING LAW AND JUDICIAL RECOURSE
The terms herein will be governed by and construed under the law of Austria without giving effect to any principles of conflicts of law. The Courts of Austria shall have exclusive jurisdiction over any dispute arising from the use of the Mobile Application.
We will have no liability to you, your users, or any third party for any failure us to perform its obligations under these Terms if such non-performance arises as a result of the occurrence of an event beyond the reasonable control of us, including, without limitation, an act of war or terrorism, natural disaster, failure of electricity supply, riot, civil disorder, or civil commotion or other force majeure event.
The Company shall have the right to assign/transfer this agreement to any third party including its holding company, subsidiaries, affiliates, associates, and group companies, without any consent of the User.
If you have any questions about these Terms, please contact us at email@example.com .