QRYDE, Corp. Terms of Service
PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.
NOTE: SECTION 2 OF THESE TERMS OF SERVICE CONTAINS AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER. IT AFFECTS HOW DISPUTES WITH QRYDE ARE RESOLVED. BY ACCEPTING THESE TERMS OF SERVICE, YOU AGREE TO BE BOUND BY THIS ARBITRATION PROVISION. PLEASE READ IT CAREFULLY.
1. The Agreement
The following Terms of Use ("Terms") govern the use by you, an individual, from within the United States of applications, websites, content, products, and services (the "Services") made available in the United States by QRYDE, Corp. and its subsidiaries and affiliates (collectively, "QRYDE"). PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.
By creating your User account, access to and use of QRYDE Services constitutes your agreement to be bound by these Terms, which establish the contractual relationship between you and QRYDE, and you expressly acknowledge that you understand the Terms of this Agreement and accept all of its terms. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT USE OR ACCESS THE QRYDE SERVICES. At its sole discretion, QRYDE may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny you access to the Services or any portion thereof, at any time for any reason.
QRYDE reserves the right to modify and/or amend the terms and conditions of the Services at any time, effective upon posting the amended terms on this site. If we make changes, we will notify you by, at a minimum, revising the “Last Updated” date at the top of this Agreement. You are responsible for regularly reviewing this Agreement. Continued use of the QRYDE Services after any such changes shall constitute your consent to such changes.
Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you (e.g., a particular city webpage on QRYDE.com) or in connection with the applicable Service(s). Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Service(s). Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.
2. Dispute Resolution and Arbitration
We hope we never have a dispute, but if we do, you and we agree to try for 30 days to work it out informally. If we can’t, you and QRYDE agree that any dispute, claim, or controversy between you and QRYDE arising in connection with or relating in any way to this Agreement or to your relationship with QRYDE as a user of the Service (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of the Agreements) will be determined by mandatory binding individual arbitration. Arbitration is more informal than a lawsuit in court. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. There may be more limited discovery than in court. The arbitrator must follow this agreement and can award the same damages and relief as a court, except that the arbitrator may not award declaratory or injunctive relief benefiting anyone but the parties to the arbitration. Class action lawsuits, class-wide arbitrations, private attorney-general actions, and anything else where someone acts in a representative capacity, aren't allowed. Nor is combining individual proceedings without the consent of all parties. This arbitration provision will survive termination of the Agreements.
Notwithstanding the clause above, you and QRYDE both agree that nothing herein will be deemed to waive, preclude, or otherwise limit either of our rights, at any time, to (1) bring an individual small claim action in Massachusetts; (2) seek injunctive relief in a court of law, or (3) to file suit in a court of law to address intellectual property infringement claims.
Either you or QRYDE may start binding arbitration proceedings before the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules. Any arbitration hearings will take place at a location to be agreed upon in Lowell or Boston, Massachusetts, provided that if the claim is for $5,000 or less, you may choose whether the arbitration will be conducted (1) solely on the basis of documents submitted to the arbitrator; or (2) through a non-appearance based telephonic hearing.
Your arbitration fees and your share of arbitrator compensation will be limited to those fees set forth in the AAA’s Consumer Rules with the remainder paid by QRYDE. Any arbitration will be conducted in the English language and the law to be applied in any arbitration shall be the law of the Commonwealth of Massachusetts, United States, without regard to choose or conflicts of law principles. All documents and information disclosed in the course of the arbitration shall be kept strictly confidential by the recipient and shall not be used by the recipient for any purpose other than for purposes of the arbitration or the enforcement of arbitrator’s decision and award and shall not be disclosed except in confidence to persons who have a need to know for such purposes or as required by applicable law. Except as required to enforce the arbitrator’s decision and award, neither you nor QRYDE shall make any public announcement or public comment or originate any publicity concerning the arbitration, including, but not limited to, the fact that the parties are in dispute, the existence of the arbitration, or any decision or award of the arbitrator.
All disputes MUST BE FILED WITHIN ONE (1) YEAR. You and we must file for arbitration any claim or dispute (except intellectual property disputes) within one year from when it first could be filed. Otherwise, it's permanently barred. If you have a dispute, tell us now. We'll do the same. If applicable law prohibits a one-year limitation period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law.
If the class action waiver in this Arbitration Agreement is found to be illegal or unenforceable as to all or parts of a dispute, this Arbitration Agreement won't apply to those parts. Instead, those parts will proceed in court with the remaining parts proceeding in arbitration. If any other provision of this Arbitration Agreement is found to be illegal or unenforceable, that provision will be severed but the rest of this Arbitration Agreement will still apply.
3. The Services
QRYDE Services constitute a technology platform that enables users of QRYDE's mobile applications or websites provided as part of the Services (each, an "Application") to arrange and schedule transportation and/or logistics services with third party providers of such services, including independent third party transportation providers and third party logistics providers under agreement with QRYDE ("Third Party Providers"). Unless otherwise agreed by QRYDE in a separate written agreement with you, the Services are made available solely for your personal, noncommercial use. YOU ACKNOWLEDGE THAT QRYDE DOES NOT PROVIDE TRANSPORTATION OR LOGISTICS SERVICES OR FUNCTION AS A TRANSPORTATION CARRIER. You at your sole discretion or the Third Party Provider, independently make a decision whether to offer or use a ride from a specific Third Party Provider
(i)License.
Subject to your compliance with these Terms, QRYDE grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to:
(i) access and use the Applications on your personal device solely in connection with your use of the Services; and
(ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by QRYDE and QRYDE's licensors.
(ii)Restrictions.
You shall not:
(i) remove any copyright, trademark or other proprietary notices from any portion of the Services;
(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 except as expressly permitted by QRYDE; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
(iii)Provision of the Services.
You also acknowledge that the Services may be made available in connection with: (i) certain of QRYDE's subsidiaries and affiliates; or (ii) independent Third Party Providers, including Transportation Network Company drivers, Transportation Charter Permit holders or holders of similar transportation permits, authorizations or licenses.
(iv)Third Party Services and Content.
The Services may be made available or accessed in connection with third party services and content (including advertising) that QRYDE does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third party services and content. QRYDE does not endorse such third party services and content and in no event shall QRYDE be responsible or liable for any products or services of such third party providers. Additionally, Apple Inc., Google, Inc., Microsoft Corporation or BlackBerry Limited will be a third-party beneficiary to this contract if you access the Services using Applications developed for Apple iOS, Android, Microsoft Windows, or Blackberry-powered mobile devices, respectively. These third party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to terms set forth in the applicable third party beneficiary's terms of service.
(v)Ownership.
The Services and all rights therein are and shall remain QRYDE's property or the property of QRYDE's licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner QRYDE's company names, logos, product and service names, trademarks or services marks or those of QRYDE's licensors.
Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in region-specific disclosures (e.g., a particular city webpage on QRYDE.com) or in connection with the applicable Service(s). Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Service(s). Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.
QRYDE may amend the Terms related to the Services from time to time. Amendments will be effective upon QRYDE's posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable Service(s). Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.
Our collection and use of personal information in connection with the Services is as provided in QRYDE's Privacy Policy located at www.QRYDE.com/legal/privacy.
4. Your Use of the Services
(i) User Accounts.
In order to use most aspects of the Services, you must register for and maintain an active personal user Services account ("Account"). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account. Account registration requires you to submit to QRYDE certain personal information, such as your name, email address, mobile phone number and/or mobility needs. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information may result in your inability to access and use the Services or QRYDE's termination of this Agreement with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by QRYDE in writing, you may only possess one Account.
(ii) User Requirements and Conduct.
The Service is not available for use by persons under the age of 18. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive transportation or logistics services from Third Party Providers unless they are accompanied by you. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes (e.g., no transport of unlawful or hazardous materials). You will not in your use of the Services cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider or any other party. In certain instances, you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity.
(iii) Promotional Codes.
QRYDE may, at QRYDE's sole discretion, create promotional codes that may be redeemed for Account credit, or other features or benefits related to the Services and/or a Third Party Provider's services, subject to any additional terms that QRYDE establishes on a per promotional code basis ("Promo Codes"). You agree that Promo Codes: (i) must be used for the intended audience and 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 QRYDE; (iii) may be disabled by QRYDE at any time for any reason without liability to QRYDE; (iv) may only be used pursuant to the specific terms that QRYDE establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. QRYDE reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that QRYDE determines or believes 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 Terms.
(iv)User Provided Content.
QRYDE may, in QRYDE's sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to QRYDE through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions ("User Content"). Any User Content provided by you remains your property. However, by providing User Content to QRYDE, you grant QRYDE 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 User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and QRYDE's business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
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 QRYDE the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor QRYDE's 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.
You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by QRYDE in its sole discretion, whether or not such material may be protected by law. QRYDE may, but shall not be obligated to, review, monitor, or remove User Content, at QRYDE's sole discretion and at any time and for any reason, without notice to you.
(v) Network Access and Devices
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network's data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. QRYDE does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
(vi)Payment
You understand that use of the Services may result in charges to you for the services or goods you receive from a Third Party Provider ("Ride Fee"). After you have scheduled transportation through your use of the Service, QRYDE will facilitate your payment of the applicable Ride Fee on behalf of the Third Party Provider, as such Third Party Provider's limited payment collection agent. Payment of the Ride Fee in such manner shall be considered the same as payment made directly by you to the Third Party Provider. Ride Fee will be inclusive of applicable taxes where required by law. Ride Fees paid by you are final and non-refundable, unless otherwise determined by QRYDE.
Ride Fee may vary based on the type of service you request (e.g., QRYDE van, wheel chair vehicles, limo) as described on QRYDE’s website page. You are responsible for reviewing the applicable QRYDE Ride Fees and shall be responsible for all Ride Fees incurred under your User Account regardless of your awareness of such Ride Fee or the amounts thereof. QRYDE will use reasonable efforts to inform you of Ride Fees that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof.
Ride Fees consist of a base price for the type of service requested and incremental charges based on the duration and distance of your ride, flat rates or hourly rates for the service requested. For particularly short rides, minimum Ride Fees may apply.
Cancellation Fee Policy. A booked ride with a Third Party Provider may be cancelled 24 hours prior to scheduled time for a full refund to your QRYDE Account. Same day ride cancellations will not be refunded. In the event that you make repeated or frequent cancellations, or fail to show up for your ride in a timely manner, QRYDE may charge you cancellation fees, and/or terminate your User Account and license to use the Services. We may also assess a Cancellation Fee and/or terminate your User Account, if we determine that you have intentionally cancelled rides to disrupt the QRYDE Services or other provision of Services.
Credit Card Authorization. All Charges are due immediately and payment will be facilitated by QRYDE using the preferred payment method at the time of purchase, after which QRYDE will send you a receipt by email. Should the amount of authorization Ride Fee exceed the total funds on deposit in your account, you may be subject to overdraft of NSF charges by the bank issuing your debit or check card.
Gratuity. This payment structure is intended to fully compensate the Third Party Provider for the services or goods provided. QRYDE does not designate any portion of your payment as a tip or gratuity to the Third Party Provider. Any representation by QRYDE (on QRYDE's website, in the Application, or in QRYDE's marketing materials) to the effect that tipping is "voluntary," "not required," and/or "included" in the payments you make for services or goods provided is not intended to suggest that QRYDE provides any additional amounts, beyond those described above, to the Third Party Provider. You understand and agree that, while you are free to provide additional payment as a gratuity to any Third Party Provider who provides you with services or goods obtained through the Service, you are under no obligation to do so. Gratuities are voluntary. After you have received services or goods obtained through the Service, you will have the opportunity to rate your experience and leave additional feedback about your Third Party Provider.
As between you and QRYDE, QRYDE reserves the right to establish, remove and/or revise Ride Fees for any or all services or goods obtained through the use of the Services at any time in QRYDE's sole discretion. QRYDE may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you.
(vii) Repair or Cleaning Fees.
You shall be responsible for the cost of repair for damage to, or necessary cleaning of, Third Party Provider vehicles and property resulting from use of the Services under your Account in excess of normal "wear and tear" damages and necessary cleaning ("Repair or Cleaning"). In the event that a Third Party Provider reports the need for Repair or Cleaning, and such Repair or Cleaning request is verified by QRYDE in QRYDE's reasonable discretion, QRYDE reserves the right to facilitate payment for the reasonable cost of such Repair or Cleaning on behalf of the Third Party Provider using your payment method designated in your Account. Such amounts will be transferred by QRYDE to the applicable Third Party Provider and are non-refundable.
5. Intellectual Property Rights
All intellectual property rights of the QRYDE Site, Services, Application or Collective Content shall be owned by us absolutely and in their entirety. These rights include and are not limited to database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights wherever existing in the world together with the right to apply for protection of the same. All other trademarks, logos, service marks, company or product names set forth in the QRDYE Services are the property of their respective owners. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information (“Submissions”) provided by you to us are non-confidential and shall become the sole property of QRYDE. QRYDE shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
QRYDE, and other QRYDE logos, designs, graphics, icons, scripts and service names are registered trademarks, trademarks or trade dress of QRYDE in the United States and/or other countries (collectively, the “QRYDE”). User agrees to abide by copyright laws and all other applicable laws, and acknowledge that the Services contains valuable confidential information and trade secrets of QRYDE. User agrees neither to do nor to permit any act which may in any way jeopardize or be detrimental to the validity of QRYDE’s patent, copyright, trade secret or other rights in the Services.
If you provide Services as a vendor, QRYDE grants to you, during the term of this Agreement, and subject to your compliance with the terms and conditions of this Agreement, a limited, revocable, non-exclusive license to display and use QRYDE solely in connection with providing the Services through the QRYDE Services (“License”). The License is non-transferable and non-assignable, and you shall not grant to any third party any right, permission, license or sublicense with respect to any of the rights granted hereunder without QRYDE’s prior written permission, which it may withhold in its sole discretion.
You acknowledge that QRYDE is the owner and licensor of the Services, and that your use of the Services will confer no additional interest in or ownership of the Services in you but rather inures to the benefit of QRYDE. You agree to use the QRYDE strictly in accordance with QRYDE’s Trademark Usage Guidelines, as may be provided to you and revised from time to time, and to immediately cease any use that QRYDE determines too nonconforming or otherwise unacceptable.
You agree that you will not:
(i)create any materials that incorporate the QRYDE Site, Services, Application or Collective Content or any derivatives of the QRYDE Site, Services, Application or Collective Content other than as expressly approved by QRYDE in writing;
(ii) use the QRYDE Site, Services, Application or Collective Content in any way that tends to impair their validity as proprietary trademarks, service marks, trade names or trade dress, or use the QRYDE Service other than in accordance with the terms, conditions and restrictions herein;
(iii) take any other action that would jeopardize or impair QRYDE’s rights as owner of the QRYDE Site, Services, Application or Collective Content or the legality and/or enforceability of the QRYDE Services intellectual property rights, including, without limitation, challenging or opposing QRYDE’s ownership in the Site, Services, Application or Collective Content;
(iv) apply for trademark registration or renewal of trademark registration of any of the QRYDE Site, Services, Application or Collective Content, any derivative of the QRYDE Site, Services, Application or Collective Content, any combination of the QRYDE Site, Services, Application or Collective Content and any other name, or any trademark, service mark, trade name, symbol or word which is similar to the QRYDE Site, Services, Application or Collective Content;
(v) use the QRYDE Site, Services, Application or Collective Content on or in connection with any product, service or activity that is in violation of any law, statute, government regulation or standard.
Violation of any provision of this License may result in immediate termination of the License, in QRYDE’s sole discretion. If you create any materials bearing the QRYDE Site, Services, Application or Collective Content (in violation of this Agreement or otherwise), you agree that upon their creation QRYDE exclusively owns all right, title and interest in and to such materials, including without limitation any modifications to the QRYDE Site, Services, Application or Collective Content. You further agree to assign any interest or right you may have in such materials to QRYDE, and to provide information and execute any documents as reasonably requested by QRYDE to enable QRYDE to formalize such assignment.
(ii) Copyright Complaints and Copyright Agent
QRYDE respects the intellectual property of others, and expects Users and Third Party Suppliers to do the same. If you believe, in good faith, that any materials on the Services infringe upon your copyrights – all claims of copyright infringement should be sent to QRYDE's designated agent. Please email info@qryde.com for information in this regard.
6. Restricted Activities
(i) User Conduct
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Application, Services and Collective Content. In connection with your use of the Site, Application, Services and Collective Content, you may not and you agree that you will not:
- violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and Tax regulations;
- use manual or automated software, devices, scripts, robots, backdoors or other means or processes to access, "scrape," "crawl" or "spider" any web pages or other services contained in the Site, Application, Services or Collective Content;
- access or use our Site, Application, Services or the QRYDE API to use, expose, or allow to be used or exposed, any QRYDE Content: (i) that is not publicly displayed by QRYDE in its search results pages or listing pages before a booking is confirmed; (ii) in any way that is inconsistent with the QRYDE Privacy Policy or Terms of Service; or (iii) in any way that otherwise violates the privacy rights or any other rights of QRYDE's users or any other third party;
- use the Site, Application, Services or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies QRYDE endorsement, partnership or otherwise misleads others as to your affiliation with QRYDE;
- dilute, tarnish or otherwise harm the QRYDE brand in any way, including through unauthorized use of Collective Content, registering and/or using QRYDE or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to QRYDE domains, trademarks, taglines, promotional campaigns or Collective Content
- copy, store or otherwise access or use any information contained on the Site, Application, Services or Collective Content for purposes not expressly permitted by these Terms;
- infringe the rights of QRYDE or the rights of any other person or entity, including without limitation, their intellectual property, privacy, publicity or contractual right
- interfere with or damage our Site, Application or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
- use our Site, Application or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
- use our Site, Application, Services or Collective Content in connection with the distribution of unsolicited commercial email ("spam") or advertisements unrelated to lodging in a private residence;
- "stalk" or harass any other user of our Site, Application, Services or Collective Content, or collect or store any personally identifiable information about any other user other than for purposes of transacting as an QRYDE rider or driver;
- offer, as a driver, any transportation that you do not yourself own or have permission to drive;
- register for more than one QRYDE Account or register for an QRYDE Account on behalf of an individual other than yourself;
- unless QRYDE explicitly permits otherwise, request or book a transportation at any driver if you will not actually be using the transportation yourself;
- contact another user of QRYDE for any purpose other than asking a question related to a Booking, Ride, or the User's use of the Site, Application and Services;
- recruit or otherwise solicit any QRYDE Driver or other user to join third-party services or websites that are competitive to QRYDE, without QRYDE prior written approval;
- recruit or otherwise solicit any Member to join third-party services, applications or websites, without our prior written approval;
- impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
- use automated scripts to collect information from or otherwise interact with the Site, Application, Services or Collective Content;
- use the Site, Application, Services or Collective Content to find a QRYDE driver or user and then complete a booking of a transportation independent of the Site, Application or Services, in order to circumvent the obligation to pay any Service Fees related to QRYDE 's provision of the Services or for any other reasons;
- submit any false or misleading information, including price information, or submit any price that you do not intend to honor;
- engage in disruptive, circumventive, abusive or harassing behavior in any area or aspect of our Platform, Application, or Services;
- post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
- systematically retrieve data or other content from our Site, Application or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
- use, display, mirror or frame the Site, Application, Services or Collective Content, or any individual element within the Application, Services or Collective Content, QRYDE 's name, any QRyde trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Site, Application or Services, without QRYDE's express written consent;
- access, tamper with, or use non-public areas of the Site, Application or Services, QRYDE 's computer systems, or the technical delivery systems of QRYDE's providers;
- attempt to probe, scan, or test the vulnerability of any QRYDE system or network or breach any security or authentication measures;
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by QRYDE or any of QRYDE's providers or any other third party (including another user) to protect the Site, Services, Application or Collective Content;
- forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services, Application or Collective Content to send altered, deceptive or false source-identifying information;
- attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services, Application or Collective Content;
- advocate, encourage, or assist any third party in doing any of the foregoing; or
- accept or make a payment for services outside QRYDE Payments. If you do so, you acknowledge and agree that you: (i) would be in breach of these Terms; (ii) accept all risks and responsibility for such payment, and (iii) hold QRYDE harmless from any liability for such payment.
QRYDE has the right to investigate and prosecute violations of any of the above to the fullest extent of the law. In addition, and as set in these Terms, QRYDE may take a range of actions against you, including but not limited to deactivating or canceling your QRYDE Account, for a violation of this Section or these Terms.
QRYDE may access, preserve and disclose any of your information if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against QRYDE or to comply with legal process (for example, subpoenas or warrants), (ii) enforce or administer our agreements with users, such as these Terms, (iii) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes, or (iv) protect the rights, property or safety of QRYDE, its users, or members of the public. You acknowledge that QRYDE has no obligation to monitor your access to or use of the Site, Application, Services or Collective Content or to review or edit any Content, but has the right to do so for the purpose of operating and improving the Site, Application and Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with these Terms, to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body, to respond to content that it determines is otherwise objectionable or as set forth in these Terms. QRYDE reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that QRYDE, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services.
(ii) Reporting Misconduct
If you take a ride from anyone who you feel is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to QRYDE by contacting us with your police station and report number; provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.
7. Disclaimers; Limitation of Liability; Indemnity.
ALTHOUGH WE STAND BEHIND OUR SERVICE, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." QRYDE 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. IN ADDITION, QRYDE MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. QRYDE DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. THIS ALSO MEANS WE DO NOT GUARANTEE THAT THE QRYDE SERVICE, CONTENT OR PRODUCTS WILL BE FREE FROM VIRUSES, HACKS, OR OTHER POTENTIALLY HARMFUL INTRUSIONS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
QRYDE 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 SERVICES, EVEN IF QRYDE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. QRYDE SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF QRYDE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. QRYDE SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND QRYDE'S REASONABLE CONTROL. YOU ACKNOWLEDGE THAT THIRD PARTY TRANSPORTATION PROVIDERS PROVIDING TRANSPORTATION SERVICES REQUESTED THROUGH SOME REQUEST BRANDS MAY OFFER RIDESHARING OR PEER-TO-PEER TRANSPORTATION SERVICES AND MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED. IN NO EVENT SHALL QRYDE'S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED TWO HUNDRED U.S. DOLLARS (US $200).
QRYDE'S SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATION, OR LOGISTICS SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT QRYDE HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION, GOODS OR LOGISTICS SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.
THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
8. Indemnification
You agree to release, defend, indemnify, and hold QRYDE and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site, Application, Services, or Collective Content or your violation of these Terms; (b) your User Content; (c) your (i) interaction with any User, (ii) booking of Transportation/Ride, or (iii) creation of a Listing; (d) the use, condition or nature of a Ride by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a ride, booking or use of transportation; and (e) your participation in the Referral Program.
9. Miscellaneous
(i) Entire Agreement
Except as they may be supplemented by additional QRYDE policies, guidelines, standards, or terms for a specific product, feature, service or offering, these Terms constitute the entire and exclusive understanding and agreement between QRYDE and you regarding the Site, Application, Services, Collective Content (excluding Payment Services), and any bookings or Listings of Transportation Services made via the Site, Application and Services (excluding Payment Services), and these Terms supersede and replace any and all prior oral or written understandings or agreements between QRYDE and you regarding bookings or listings of Transportation, the Site, Application, Services, and Collective Content (excluding Payment Services).
(ii) Assignment
You may not assign or transfer these Terms, by operation of law or otherwise, without QRYDE's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. QRYDE may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
(iii) Notices
QRYDE may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, or by written communication sent by first class mail or pre-paid post to your address in your Account. Such notice shall be deemed to have been given upon the expiration of 24 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 QRYDE, with such notice deemed given when received by QRYDE, at any time by first class mail or pre-paid post to QRYDE INC., Attn: Legal Department, 1075 Westford Street, Lowell, Massachusetts 01851.
(iv) Controlling Law and Jurisdiction
These Terms and your use of the Services will be interpreted in accordance with the laws of the Commonwealth of Massachusetts and the United States of America, without regard to its conflict-of-law provisions. You and we agree to submit to the personal jurisdiction of a state court located in Middlesex County, Massachusetts or a United States District Court, District of Massachusetts located in Boston, Massachusetts for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights, as set forth in the Dispute Resolution provision above.