Terms And Conditions
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.
- The Agreement
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.
- 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.
- 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. Riders at their sole discretion or the Third Party Provider, independently make a decision whether to offer or use a ride from a specific driver.
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.
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 Charter Permit holders or holders of similar transportation permits, authorizations or licenses.
(iv)Third Party Services and Content.
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.
- 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.
- 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 email@example.com for information in this regard.
- 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;
• 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.
- 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.
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.
(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).
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.
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.
Privacy and Policy
QRYDE PRIVACY STATEMENT
QRYDE collects data to operate effectively and to provide you with the best experience with the use of our products and services. We collect the information about you when you use our mobile applications, websites, and other online products and services (collectively, the “Services”) and through other interactions and communications you have with us. This Privacy Statement applies to information collected and used by QRYDE.
I. Scope and Application
This Privacy Statement (“Statement”) applies to persons who use the ITMS driver apps or Services to request transportation, delivery, or other on-demand services (“Users”). We get some of it by recording how you interact with our products by, for example, using technologies like cookies, and receiving error reports or usage data from software running on your device. We also obtain data from third parties. This Statement does not apply to information we collect from or about drivers, couriers, partner transportation companies, or any other persons who use the QRYDE platform under license (collectively “Drivers”). If you interact with the Services as both a User and a Driver, the respective privacy statements apply to your different interactions.
II. Collection of Information
- We collect information you provide directly to us, such as when you create or modify your QYRDE account, request on-demand services, contact customer support, or otherwise communicate with us. This information may include: name, email, phone number, postal address, profile picture, payment method, items requested (for delivery services), delivery notes, and other information you choose to provide.
- When you use our Services, app or website, we collect information about you in the following categories:
• Location Information: When you use the Services for transportation or delivery, we collect precise location data about the trip from the ITMS driver app used by the Driver. If you permit the ITMS driver app to access location services through the permission system used by your mobile operating system (“platform”), we may also collect the precise location of your device when the app is running in the foreground or background. We may also derive your approximate location from your IP address.
• Contacts Information: If you permit the ITMS driver app to access the address book on your device through the permission system used by your mobile platform, we may access and store names and contact information from your address book to facilitate social interactions through our Services and for other purposes described in this Statement or at the time of consent or collection.
• Transaction Information: We collect transaction details related to your use of our Services, including the type of service requested, date and time the service was provided, amount charged, distance traveled, and other related transaction details. Additionally, if someone uses your promo code, we may associate your name with that person.
• Service Information: We may collect information about your mobile device, including, for example, the hardware model, operating system and version, software and file names and versions, preferred language, unique device identifier, advertising identifiers, serial number, device motion information, and mobile network information.
• Call and SMS Data: Our Services facilitate communications between Users and Drivers. In connection with facilitating this service, we receive call data, including the date and time of the call or SMS message, the parties’ phone numbers, and the content of the SMS message.
• Log Information: When you interact with the Services, we collect server logs, which may include information like device IP address, access dates and times, app features or pages viewed, app crashes and other system activity, type of browser, and the third-party site or service you were using before interacting with our Services.
- We may also receive information from other sources and combine that with information we collect through our Services. For example:
• If you choose to link, create, or log in to your QRYDE account with a payment provider, or social media service, or if you engage with a separate app or website that uses our API (or whose API we use), we may receive information about you or your connections from that site or app.
• If your employer uses one of our solutions, we may receive information about you from your employer.
• When you request on demand services, our Drivers may provide us with a User rating after providing services to you.
• If you also interact with our Services in another capacity, for instance as a Driver or user of other apps we provide, we may combine or associate that information with information we have collected from you in your capacity as a User or rider.
III. Use of Information
We may use the information we collect about you to:
We share your personal data with your consent or as necessary to complete any transaction or provide any product you have requested or authorized. We also share data with QRYDE -controlled affiliates and subsidiaries; with vendors working on our behalf; when required by law or to respond to legal process; to protect our customers; to protect lives; to maintain the security of our products; and to protect the rights or property of QRYDE.
• Provide, maintain, and improve our Services, including, for example, to facilitate payments, send receipts, provide products and services you request (and send related information), develop new features, provide customer support to Users and Drivers, develop safety features, authenticate users, and send product updates and administrative messages;
• Perform internal operations, including, for example, to prevent fraud and abuse of our Services; to troubleshoot software bugs and operational problems; to conduct data analysis, testing, and research; and to monitor and analyze usage and activity trends;
• Send or facilitate communications (i) between you and a Driver, such as estimated times of arrival (ETAs), or (ii) between you and a contact of yours at your direction in connection with your use of certain features, such as referrals, invites, split fare requests, or ETA sharing;
• Send you communications we think will be of interest to you, including information about products, services, promotions, news, and events of Uber and other companies, where permissible and according to local applicable laws; and to process contest, sweepstake, or other promotion entries and fulfill any related awards;
• Personalize and improve the Services, including to provide or recommend features, content, social connections, referrals, and advertisements.
IV. Sharing of Information
We may share the information we collect about you as described in this Statement or as described at the time of collection or sharing, including as follows:
• With Drivers to enable them to provide the Services you request. For example, we share your name, photo (if you provide one), average User rating given by Drivers, and pickup and/or drop-off locations with Drivers;
• With other riders if you use a ride-sharing service; and with other people, as directed by you, such as when you want to share your estimated time of arrival or split a fare with a friend;
• With third parties to provide you a service you requested through a partnership or promotional offering made by a third party or us;
• With the general public if you submit content in a public forum, such as blog comments, social media posts, or other features of our Services that are viewable by the general public;
• With third parties with whom you choose to let us share information, for example other apps or websites that integrate with our API or Services, or those with an API or Service with which we integrate; and
• With your employer (or similar entity) and any necessary third parties engaged by us or your employer (e.g., an expense management service provider), if you participate in any of our business to business solutions.
We may also share your information:
• With QRYDE subsidiaries and affiliated entities that provide services or conduct data processing on our behalf, or for data centralization and / or logistics purposes;
• With vendors, consultants, marketing partners, and other service providers who need access to such information to carry out work on our behalf;
• In response to a request for information by a competent authority if we believe disclosure is in accordance with, or is otherwise required by, any applicable law, regulation, or legal process;
• With law enforcement officials, government authorities, or other third parties if we believe your actions are inconsistent with our User agreements, Terms of Service, or policies, or to protect the rights, property, or safety of QRYDE or others;
• In connection with, or during negotiations of, any merger, sale of company assets, consolidation or restructuring, financing, or acquisition of all or a portion of our business by or into another company;
• If we otherwise notify you and you consent to the sharing; and
• In an aggregated and/or anonymized form which cannot reasonably be used to identify you.
V. Social Sharing Features
The Services may integrate with social sharing features and other related tools which let you share actions you take on our Services with other apps, sites, or media, and vice versa. Your use of such features enables the sharing of information with your friends or the public, depending on the settings you establish with the social sharing service. Please refer to the privacy policies of those social sharing services for more information about how they handle the data you provide to or share through them.
VI. Analytics and Advertising Services Provided by Others
VII. Account Information
You may correct your account information at any time by logging into your online or in-app account. If you wish to cancel your account, please email us at firstname.lastname@example.org. Please note that in some cases we may retain certain information about you as required by law, or for legitimate business purposes to the extent permitted by law. For instance, if you have a standing credit or debt on your account, or if we believe you have committed fraud or violated our Terms, we may seek to resolve the issue before deleting your information.
Access Rights. We will comply with individual’s requests regarding access, correction, and/or deletion of the personal data it stores in accordance with applicable law.
Location Information. We request permission for our app’s collection of precise location from your device per the permission system used by your mobile operating system. If you initially permit the collection of this information, you can later disable it by changing the location settings on your mobile device. However, this will limit your ability to use certain features of our Services. Additionally, disabling our app’s collection of precise location from your device will not limit our ability to collect your trip location information from a Driver’s device nor our ability to derive approximate location from your IP address.
Contact Information: We may also seek permission for our app’s collection and syncing of contact information from your device per the permission system used by your mobile operating system.
Promotional Communications: You may opt out of receiving promotional messages from us by following the instructions in those messages. If you opt out, we may still send you non-promotional communications, such as those about your account, about Services you have requested, or our ongoing business relations.
Your Privacy Rights: Certain states law permits residents of the state to request certain details about how their information is shared with third parties for direct marketing purposes. QRYDE complies with all state laws and regulations and will not share your personally identifiable information with third parties for the third parties’ direct marketing purposes unless you provide us with consent to do so.
We also use web beacons to help deliver cookies and gather usage and performance data. Our websites may include web beacons and cookies from third-party service providers.
You have a variety of tools to control cookies, web beacons and similar technologies, including browser controls to block and delete cookies and controls from some third-party analytics service providers to opt out of data collection through web beacons. Your browser and other choices may impact your experiences with our products.
Changes to the Statement: We may change this Statement from time to time. If we make significant changes in the way we treat your personal information, or to the Statement, we will provide you notice through the Services or by some other means, such as email. Your continued use of the Services after such notice constitutes your consent to the changes. We encourage you to periodically review the Statement for the latest information on our privacy practices.
Contact Us: If you have any questions about this Privacy Statement, please contact us at email@example.com.
VIII. Information Security
We work hard to protect QRYDE and our users from unauthorized access to or unauthorized alteration, disclosure or destruction of information we hold. In particular: (i) We encrypt many of our services using SSL; (ii) We offer you two step verification when you access your QRYDE Account; (iii) We review our information collection, storage and processing practices, including physical security measures, to guard against unauthorized access to systems; and (IV) We restrict access to personal information to QRYDE employees, contractors and agents who need to know that information in order to process it for us, and who are subject to strict contractual confidentiality obligations and may be disciplined or terminated if they fail to meet these obligations.