Terms of Service
Last Updated: September 21, 2022
These Terms of Service stipulated herein constitute a legally binding agreement (the “Agreement”) between the User and Book-a-Ride Inc. a company duly incorporated under the Companies Act 1991 of the Laws of Guyana with its Registered Office situated at Lot 27 Hadfield Street, Georgetown, Guyana. Book-a-Ride,” “we,” “us” or “our”) governing the user’s interaction, facilitation, and or utilization of the Book-A-Ride application (the “Book-a-Ride App”), website, and technology platform (collectively, the “Book-a-Ride Platform”).
That the User is a reference to the person, body, or entity whether natural or legal utilizing the services and or platform provided herein
By accepting these terms and conditions, and/or by using or accessing the Book-a-Ride Platform the user hereby expressly acknowledge, understands, and accepts the terms and condition stipulated herein to be a part of the overall Agreement between parties as regards the affairs and conduct of the services provided herein.
IF THE USER DOES NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, the user is hereby prohibited from using and or accessing THE BOOKARIDE PLATFORM OR ANY OF THE SERVICES PROVIDED THROUGH THE BOOKARIDE PLATFORM. SHOULD THE USER CHOOSE TO CONTINUE WITH THE SERVICE HEREINAFTER THEN THE USER HEREBY WAIVERS ALL RIGHTS, INTERESTS ETC AND UNDERTAKES TO HOLD BAR HARMLESS FROM ANY AND ALL INJURIES, DAMAGE, LIABILITIES ARISING FROM OR INCIDENTAL TO OR THAT WHICH MAY RESULT FROM THE USE OF THE SAID SERVICE AND OR PLATFORM HEREIN ARISING FROM NEGLIGENCE.
When using the BookARide Platform, you also agree to conduct yourself in accordance with our Community Guidelines, which shall form part of this Agreement between you and BookARide.
The BookARide Platform provides a marketplace where, among other things, persons who seek transportation services to certain destinations (“Riders/Passengers”) can be matched with transportation providers who offer various options to such destinations.
One such option is the rideshare option where Riders can request a ride from rideshare drivers who are driving to or through those destinations with rideshare riders/passengers (“Drivers”). Riders are referred to herein as “Users,” and the driving services provided by Drivers to Riders shall be referred to herein as “Rideshare Services.” As a User, you authorize BookARide to match you with potential Drivers or Riders based on factors such as your location, the requested pickup location, the estimated time of pickup, users your destination, User preferences, driver mode, and platform efficiency, and to cancel an existing match and/or rematch the user with a Driver or Rider based on the same considerations. Any decision by a User to offer or accept Rideshare Services is a decision made in such User’s sole discretion. Each Rideshare Service provided by a Driver to a Rider shall constitute a separate agreement between such persons.
BookARide reserves the right to modify the terms and conditions of this Agreement, and such modifications shall be binding on the user only upon acceptance of the modified Agreement which may occur expressly or by implication of utilizing the services herein. BookARide reserves the right to modify any information on pages referenced in the hyperlinks from this Agreement from time to time, and such modifications shall become effective upon posting. Continued use of the BookARide Platform or Rideshare Services after any such changes shall constitute your consent to such changes.
The BookARide Platform may only be used by individuals who have the proper authorization to enter into this Agreement and are fully able and competent to satisfy the terms, conditions, and obligations herein. The BookARide Platform is not available to Users who do not have a book a ride account or who may have had their User account temporarily or permanently deactivated for whatever reason. Users are prohibited from allowing other persons to use their account for any reason and are deemed to have authorized all interactions, transactions, etc from their account, and are hereby acknowledged as the sole authorized user on the account. To use the BookARide Platform, each User shall create a User account. Each user may only create one User account, and BookARide reserves the right to deactivate any additional or duplicate accounts. User’s participation in certain BookARide programs, products, or services may be subject to additional eligibility requirements which shall be exclusively determined by BookARide.
By creating a book a ride account, the User represents and warrants that The user is at least 18 years old. Notwithstanding the foregoing, A parent or legal guardian of a minor who has attained the age of 16 or 17 years of age may create a BookARide account for such minor to use the BookARide Platform subject to the following requirements and restrictions: (a) the user to ensure that the minor does not request or accept any Rideshare Services unless accompanied by their parent or an authorized guardian, (b) the parents of every child must explain the terms of this Agreement to the minor, and accept same on the said minor’s behalf THAT THE USER HEREBY WAIVERS ANY AND ALL LIABILITIES, WARRANTIES, GUARANTEES ETC WHICH HAVE BEEN OTHERWISE WAIVED OR EXCLUDED IN THIS ENTIRE AGREEMENT AND UNDERTAKE TO HOLD BOOKARIDE HARMLESS FOR ALL ACTIVITIES RELATIVE TO OR ARISING FROM THE USE OF THE SAID PLATFORM AND OR SERVICES HEREIN.
By creating a BookARide account for such a minor, the user hereby consents to the terms of this agreement Agreement on the minor’s behalf, and the user hereby assumes any and all responsibility and liability for the minor’s use of the BookARide Platform as provided by the terms of this Agreement and any applicable Supplemental Agreements. The user hereby agreed to be responsible for the minor’s breach of the above representations, warranties, and/or this Agreement, and/or any attempt of the minor to disaffirm this Agreement. Furthermore, you hereby represent that you are fully authorized to execute this Agreement on behalf of yourself and all other parents or legal guardians of the minor rider. THE USER HEREBY AGREES TO WAIVER ANY AND ALL CLAIMS ARISING FROM THE MINOR’S INTERACTION WITH THE SERVICE AND PLATFORM WHICH ARE GENERALLY WAIVERED OR OTHERWISE LIMITED UNDER THIS AGREEMENT AND FURTHER AGREES TO HOLD BOOK A RIDE HARMLESS FOR ALL MATTERS INCIDENTAL OR RELATIVE THERETO ARISING FROM NEGLIGENCE.
As a Rider, you understand that the request or use of Rideshare Services will result in financial charges to you (“Charges”). Charges for Rideshare Services include Fares and other applicable fees, tolls, surcharges, and taxes as set out by BookARide. BookARide has the authority and reserves the right to determine and modify pricing by posting applicable pricing terms to our Website’s Fares page or any other place so designated, or quoting you a price for a specific ride at the time you make a request. Pricing may vary based on the type of service you request (e.g., shared, economy, extra seats, luxury) as described on your market’s BookARide page. User is responsible for reviewing the applicable BookARide page or price quote within the BookARide App prior to accepting/joining a ride and shall be responsible for honouring all Charges incurred under the User account regardless of the user’s awareness of such Charges or the amounts thereof.
Fares. There are two types of Fares, variable and quoted.
- Calculation of Fares. Fares consist of a base charge and incremental charges based on the duration and distance of your ride. For particularly short rides, minimum fares may apply. Please note that where available or convenient Book a ride intends to use GPS data from your Driver’s phone to calculate the distance traveled on your ride. Book a Ride offers no guarantee as to the availability or accuracy of GPS data and is under no obligation to utilize the said data. If the GPS signal is lost during the user’s journey Book a ride will calculate time and distance using other available data from your driver’s phone.
- Quoted Fares. In some cases, BookARide may quote a Fare at the time of the user’s request. The quote is subject to change at any time prior to the requested ride request being confirmed. If during your ride you change your destination, make multiple stops, or attempt to abuse the BookARide Platform, book a ride reserves the right to cancel and or amend the fare previously quote and charge the user a variable fare based on the time and distance of your ride. BookARide does not guarantee that the quoted fare price will be equal to a variable fare for the same ride. Quoted Fares may include the Fees and Other Charges below, as applicable.
- ALL FEES ARE SUBJECT TO CHANGE WITHOUT NOTICE TO THE USER BASED ON CHANGES, AMENDMENTS, ETC TO THE DISTANCE, STOPS, AND ADDITIONS TO THE RIDE BY THE USER
Fees and Other Charges.
- Service Fee. You may be charged a “Service Fee” for each ride as set forth on the applicable BookARide page.
- Prime Time. At certain times, including times of high demand for Rideshare Services (“Prime Time”), the user acknowledges that Charges may differ from ordinary use of book a ride. For all rides with a variable fare, we will use reasonable efforts to inform you of any Prime Time increases in effect at the time of your request. For Quoted Fares we may factor in the Prime Time increases into the quoted price of the ride.
- Cancellation Fee. After requesting a ride you may cancel the said ride through the BookARide App, but note that in certain cases a cancellation fee may apply. If the user fails to present himself to utilize the services requested, additional fees may apply. Please check out our BookARide page to learn more about BookARide’s cancellation policy, including applicable fees.
- Damage Fee. If a Driver reports that you have materially damaged the Driver’s vehicle, you agree to pay a “Damage Fee” of up to $250,000 (GYD) depending on the extent of the damage (as determined by BookARide in its sole discretion), towards vehicle repair or cleaning. BookARide reserves the right (but is not obligated) to verify or otherwise require documentation of damages prior to processing the Damage Fee. In this instance damage includes but is not limited to spills, vomit, food and food related accidents, wet/stained car seats etc
- Tolls. In some instances tolls (or return tolls) may apply to your ride. Please see the BookARide page for more information about toll charges and a list of applicable tolls and return charges. We do not guarantee that the amount charged by BookARide will match the toll charged to the Driver, if any.
- Other Charges. Other fees and surcharges may apply to your ride. Including but not limited to waiting fees, additional stops and changes to the ride.
- Tips. At the end of the journey, user may elect to tip the Driver, this may be affected directly in cash or through the BookARide Platform. Users may also elect to setup a default tip amount or percentage through the BookARide App. Any and all tips will be provided entirely to the applicable Driver.
General.
- Facilitation of Charges. All Charges are facilitated through a third-party payment processor. BookARide may replace its third-party payment processor without notice to you. Charges may be made through the BookARide Platform or in cash payments. Certain Charges may be collectively billed as a single purchase transaction to your selected payment method based on the payment frequency indicated in your settings. If you don’t recognize a transaction, then check your ride receipts and payment history and or contact a book a ride customer service representatives.
- No Refunds. All Charges are non-refundable. This no-refund policy shall apply at all times regardless of users’ decision to terminate the services provided under the BookARide Platform, any disruption to the BookARide Platform or Rideshare Services, or any other reason whatsoever.
- Credit Card Authorization. Where the user selects credit/debit card option, the user will then be prompted to authorize book a ride to make deductions from their credit/debit cards. Upon addition of a new payment method or each ride request, the user will be prompted to authorize BookARide and BookARide may seek authorization of your selected payment method to verify the payment method, ensure the cost of the ride will be covered, and protect against unauthorized behavior. The authorization, although not a charge, may however, reduce your available credit/balance until your bank’s next processing cycle. Should the amount of our authorization 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 debit/ prepaid card. Book a ride cannot be held responsible for overdraft charges and is unable to assist you in recovering them from your issuing bank.
- THAT THE USER HEREBY WAIVERS ANY AND ALL LIABILITY THAT MAY ACCRUE TO THE USER BY THE USER’S BANK AND OR LENDING INSTITUTION AS A CONSEQUENCE OF BOOK A RIDE MAKING AUTHORISED DEDUCTIONS FROM THE USER’S CREDIT AND OR DEBIT CARD WHICH THEN GOES INTO OVERDRAFT AS A CONSEQUENCE THEREOF
By entering into this Agreement or agreeing to utilise the BookARide Platform thereby gaining access to all book a ride services, user agrees to receive communications from book a ride or communications related to the BookARide Platform. The communication aforementioned maybe pushed to any of the phone numbers, email addresses etc provided to BookARide by the user or an authorized third part on the user’s behalf, including via e-mail, text message, calls, and push notifications. The user agrees that texts, calls or prerecorded messages may be generated by automatic telephone dialing systems. Communications from BookARide, its affiliated companies and/or Drivers etc to users, may include but are not limited to: operational communications concerning User account or the use of the BookARide Platform or Rideshare Services, use of bikes and scooters through the BookARide Platform, updates concerning new and existing features on the BookARide Platform, communications concerning marketing and or other promotions run by book a ride or any of its third-party partners, and any other information including information about BookARide and industry developments. If user changes or deactivate the phone number provided to BookARide, the user hereby agrees to update their account information to assist book a ride from inadvertently communicating with anyone who acquires your old number thereafter. Standard text messaging charges will be applied by your cell phone carrier and will apply to all text messages pushed to the user’s phone.
IF YOU WISH TO OPT OUT OF PROMOTIONAL EMAILS, CALLS, TEXTS etc, the user CAN UNSUBSCRIBE FROM book a ride PROMOTIONAL EMAIL, texting etc LIST BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE PROMOTIONAL EMAIL ITSELF.
User Information is a reference to any information provided, published, posted to or through the BookARide Platform (including any profile information user provides) or sends to other Users (including via in-application feedback, any email feature, or through any BookARide-related Facebook, Twitter or other social media posting) (user “Information”). The User hereby consents to book a ride using the said Information to create a User account that will allow the said user to use the BookARide Platform and participate in the Rideshare Services. Our collection and use of personal information in connection with the BookARide Platform and Rideshare Services is as provided in BookARide’s Privacy Policy. The User is solely responsible for their Information and interactions with other members of the public, and book a ride acts only as a passive conduit for the user’s online posting of the said Information. The user hereby agrees to provide and maintain accurate, current and complete information and hereby gives an undertakin that book a ride and other members of the public may rely on the user’s Information as accurate, current and complete. To enable BookARide to use the user’s Information for the purposes described in the Privacy Policy and this Agreement, the user hereby agrees to grant to Book a ride a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sub-licensable (through multiple tiers) right and license to exercise the copyright, publicity, and database rights you have in your Information, and to use, copy, perform, display and distribute such Information to prepare derivative works, or incorporate into other works, such Information, in any media now known or not currently known. BookARide does not assert any ownership over your Information; rather, as between you and BookARide, subject to the rights granted to us in this Agreement, you retain full ownership of all of your Information and any intellectual property rights or other proprietary rights associated with your Information.
BookARide, at its sole discretion, may make available to the User promotions, referral programs and loyalty programs with different features to any Users or prospective Users. These promotions and programs, unless directed to the user specifically, shall have no bearing whatsoever on the Agreement or relationship with BookARide. BookARide reserves the right to withhold or deduct credits or benefits obtained through a promotion or program in the event that BookARide determines or believes that the redemption of the promotion or receipt of the credit or benefit was in error, fraudulent, illegal, or in violation of the applicable promotion or program terms or this Agreement. BookARide reserves the right to terminate, discontinue or cancel any promotions or programs at any time and in its sole discretion without notice to the user.
Currently, BookARide’s referral program provides users with incentives to refer friends and family to become new Users of the BookARide Platform within the same country as the user (the “Referral Program”).
With respect to the user’s engagement of the BookARide Platform and their participation in the Rideshare Services, users hereby agree not to:
All intellectual property rights in the BookARide Platform shall be owned by BookARide absolutely and in their entirety. These rights include database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights wherever existing at the time of this agreement or created after 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 BookARide Platform 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 book a ride are non-confidential and shall become the sole property of BookARide. BookARide 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.
BOOKARIDE and other BookARide logos, designs, graphics, icons, scripts and service names are registered trademarks, trademarks or trade dress of BookARide in Guyana and/or other countries (collectively, the “BookARide Marks”).
The following disclaimers are made on behalf of BookARide, our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, and shareholders.
BookARide does not provide transportation services, and BookARide is not a transportation carrier. BookARide is not a common carrier or public carrier. It is up to the Driver to decide whether or not to offer a ride to a Rider contacted through the BookARide Platform, and it is up to the Rider to decide whether or not to accept a ride from any Driver contacted through the BookARide Platform. We cannot ensure that a Driver or Rider will complete an arranged transportation service. We have no control over the quality or safety of the transportation that occurs as a result of the Rideshare Services.
For the avoidance of doubt, the fact of book a ride, its platform, any driver affiliated with book a ride being identified as offering lift/ride services is not to be interpreted as an offer to a potential passenger/ride to accept. At all material times, Book a ride, its platform, drivers etc are singularly and solely inviting potential passengers/riders etc to make an offer to Book a ride, its platform, drivers etc to provide lift/ride services and as such book a ride, its platform, drivers etc are free to accept and or refuse the said offer. Nothing in this agreement is intended bind book a ride, its platforms, drivers etc to provide any service until and or unless the offer has first been accepted which is done by way of confirmation of credit or debit card payment or a promise to pay by acceptance of the terms and conditions herein.
The BookARide Platform is provided on an “as is” basis and without any warranty or condition, express, implied or statutory. We do not guarantee and do not promise any specific results from use of the BookARide Platform and/or the Rideshare Services, including the ability to provide or receive Rideshare Services at any given location or time. BookARide reserves the right, for example, to limit or eliminate access to the BookARide Platform for Rideshare Services in specific geographic areas and/or at specific times based on commercial viability, public health concerns, changes in the law and or any other reasonable consideration which Book a ride in good faith believes to be relevant. To the fullest extent permitted by law, Book a ride specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
We do not warrant that your use of the BookARide Platform or Rideshare Services will be accurate, complete, reliable, current, secure, uninterrupted, always available, or error-free, or will meet your requirements, that any defects in the BookARide Platform will be corrected, or that the BookARide Platform is free of viruses or other harmful components. We disclaim liability for, and no warranty is made with respect to, connectivity, use and or availability of the BookARide Platform or Rideshare Services.
We cannot guarantee that each Rider or Driver is who he or she claims to be. Please use common sense when using the BookARide Platform and Rideshare Services, including looking at the photos of the Driver or Rider you have matched with to make sure it is the same individual you see in person. Please note that there are also risks of dealing with underage persons or people acting under false pretense, and we do not accept responsibility or liability for any content, communication or other use or access of the BookARide Platform by persons under the age of 18 in violation of this Agreement. We encourage you to communicate directly with each potential Driver or Rider prior to engaging in an arranged transportation service.
BookARide is not responsible for the conduct, whether online or offline, of any User of the BookARide Platform or Rideshare Services. You are solely responsible for your interactions with other Users. We do not procure insurance for, nor are we responsible for, personal belongings left in the car by Drivers or Riders. By using the BookARide Platform and participating in the Rideshare Services, you agree to accept such risks that are inherent and or associated therewith and agree that BookARide is not responsible for the acts or omissions of Users on the BookARide Platform or participating in the Rideshare Services.
You are responsible for the use of your User account and BookARide expressly disclaims any liability arising from the unauthorized use of your User account. Should you suspect that any unauthorized party may be using your User account or you suspect any other breach of security, you agree to notify us immediately.
It is possible for others to obtain a copy and or view the information provided, published or posted to or through the BookARide Platform (including profile information, send to other Users, or share during the Rideshare Services, and to use such information to harass or harm you. We are not responsible for the use of any personal information that you disclose to other Users on the BookARide Platform or through the Rideshare Services. Please carefully select the type of information that you post on the BookARide Platform or through the Rideshare Services or release to others. We disclaim all liability, regardless of the form of action, for the acts or omissions of other Users (including unauthorized users, or “hackers”).
Opinions, advice, statements, offers, or other information or content concerning BookARide or made available through the BookARide Platform, but not directly by us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Under no circumstances will we be responsible for any loss or damage resulting from your reliance on information or other content posted by third parties, whether on the BookARide Platform or otherwise. We reserve the right, but we have no obligation, to monitor the materials posted on the BookARide Platform and to remove any such material that in our sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Users or others.
Location data provided by the BookARide Platform is for basic location purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental lost or damage. Neither BookARide, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of location data tracked or displayed by the BookARide Platform. Any of your Information, including geolocational data, you upload, provide, or post on the BookARide Platform may be accessible to BookARide and certain Users of the BookARide Platform.
BookARide advises you to use the BookARide Platform with a data plan with unlimited or very high data usage limits, and BookARide shall not be responsible or liable for any fees, costs, or coverage charges associated with any data plan you use to access the BookARide Platform.
This paragraph applies to any version of the BookARide Platform that the user acquires from the Apple App Store, Google play store etc. This Agreement is entered into between user and BookARide. Apple, Inc. (“Apple”) or Google Inc are not parties to this Agreement and shall have no obligations with respect to the BookARide Platform. BookARide, not Apple, nor google is solely responsible for the BookARide Platform and the content thereof as set forth hereunder. However, Apple, Google and their respective subsidiaries are third-party beneficiaries of this Agreement. Upon your acceptance of this Agreement, Apple and or google shall have the right (and will be deemed to have accepted the right) to enforce this Agreement against the user as a third-party beneficiary thereof.
As a Driver, you may be able to use “BookARide Nav built by Google” while providing Rideshare Services on the Platform. Riders and Drivers may also use Google Maps while using the BookARide App. In either case, you agree that Google may collect your location data when the BookARide App is running in order to provide and improve Google’s services, that such data may also be shared with BookARide in order to improve its operations, and that Google’s terms and privacy policy will apply to this usage.
BookARide shall not be in breach of this Agreement nor be liable for failure or delay in performing obligations under this Agreement if such failure or delay results from events, circumstances or causes beyond its reasonable control including (without limitation) natural disasters, acts of God; acts of terrorism; labor disputes or stoppages; war; government action; epidemic or pandemic; chemical or biological contamination; strikes, riots, or acts of domestic or international terrorism; quarantines; national or regional emergencies; or any other cause, whether similar in kind to the foregoing or otherwise, beyond the party’s reasonable control. All service dates under this Agreement affected by force majeure shall be tolled for the duration of such force majeure. The parties hereby agree, when feasible, not to cancel but reschedule the pertinent obligations as soon as practicable after the force majeure condition ceases to exist.
You will defend, indemnify, and hold BookARide including our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, or shareholders harmless from any claims, actions, suits, losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of the BookARide Platform and participation in the Rideshare Services, including: (1) your breach of this Agreement or the documents it incorporates by reference; (2) your violation of any law or the rights of a third party, including, Drivers, Riders, other motorists, and pedestrians, as a result of your own interaction with such third party; (3) any allegation that any materials that you submit to us or transmit through the BookARide Platform or to us infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; (4) your ownership, use or operation of a motor vehicle or passenger vehicle, including your provision of Rideshare Services as a Driver; and/or (5) any other activities in connection with the Rideshare Services. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.
IN NO EVENT WILL BOOKARIDE, INCLUDING OUR AFFILIATES, SUBSIDIARIES, PARENTS, SUCCESSORS AND ASSIGNS, AND EACH OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SHAREHOLDERS (COLLECTIVELY “BOOKARIDE” FOR PURPOSES OF THIS SECTION), BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING DAMAGES FOR DELETION, CORRUPTION, LOSS OF DATA, LOSS OF PROGRAMS, FAILURE TO STORE AND OR SECURE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY THE BOOKARIDE PLATFORM, SERVICE INTERRUPTIONS, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES) ARISING OUT OF OR IN CONNECTION WITH THE BOOKARIDE PLATFORM, RIDESHARE SERVICES, OR THIS AGREEMENT, HOWEVER ARISING INCLUDING NEGLIGENCE, EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE BOOKARIDE PLATFORM MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATION, GOODS, OR OTHER SERVICES WITH THIRD-PARTY PROVIDERS, BUT YOU AGREE THAT BOOKARIDE HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION, GOODS OR OTHER SERVICES PROVIDED TO YOU BY THIRD-PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN IN THIS AGREEMENT. CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. HOWEVER WHERE THE LAWS AFOREMENTIONED DO NOT APPLY TO YOU, THEN THE ENTIRITY OF THIS DISCLAIMER WILL BE APPLICABLE.
This Agreement is effective upon the user’s your acceptance hereof. This Agreement may be terminated: a) by User, without cause, upon seven (7) days’ prior written notice to BookARide; or b) by either Party immediately, without notice, upon the other Party’s material breach of this Agreement, including but not limited to any breach of Section 9 or breach of Section 10(a) through (i) of this Agreement. In addition, BookARide may terminate this Agreement or deactivate your User account immediately in the event: (1) you no longer qualify to provide Rideshare Services or to operate the approved vehicle under applicable law, rule, permit, ordinance or regulation; (2) you fall below BookARide’s star rating or cancellation threshold; (3) BookARide has the good faith belief that such action is necessary to protect the safety and integrity of the BookARide, its community or third parties, provided that in the event of a deactivation pursuant to (1)-(3) above, you will be given notice of the potential or actual deactivation and be afforded an opportunity to attempt to cure the issue to BookARide’s reasonable satisfaction within (xxxx time of receipt of the said notice) prior to BookARide permanently terminating the Agreement. For all other breaches of this Agreement, you will be provided notice and an opportunity to cure the breach. If the breach is cured in a timely manner and to BookARide’s satisfaction, this Agreement will not be permanently terminated. Sections 2, 6, 7 (with respect to the license), 11-12, 14-19, and 21 shall survive any termination or expiration of this Agreement.
You agree not to use any technical, financial, strategic and other proprietary and confidential information relating to BookARide’s business, operations and properties, information about a User made available to you in connection with such User’s use of the Platform, which may include the User’s name, pick-up location, contact information and photo (“Confidential Information”) disclosed to you by BookARide for your own use or for any purpose other than as contemplated herein. You shall not disclose or permit disclosure of any Confidential Information to third parties, and you agree not to store, share, and or use separate and outside of the BookARide Platform any User Information obtained from the BookARide Platform. In the event that you know a Rider, you should not disclose to anyone the identity of the Rider or the location where you picked up, or dropped off the Rider. You agree to take all reasonable measures to protect the secrecy of and avoid disclosure or use of Confidential Information of BookARide in order to prevent it from falling into the public domain. Notwithstanding the above, you shall not have liability to BookARide with regard to any Confidential Information which you can prove: was in the public domain at the time it was disclosed by BookARide or has entered the public domain through no fault of yours; was known to you, without restriction, at the time of disclosure, as demonstrated by files in existence at the time of disclosure; is disclosed with the prior written approval of BookARide; becomes known to you, without restriction, from a source other than BookARide without breach of this Agreement by you and otherwise not in violation of BookARide’s rights; or is disclosed pursuant to the order or requirement of a court of competent jurisdiction, administrative agency, or other governmental body duly authorized by law; provided, however, that You shall provide prompt notice of such court order or requirement to BookARide to enable BookARide to seek a protective order or otherwise prevent or restrict such disclosure.
This Agreement shall be governed by the laws of Guyana without regard to choice of law principles. If any provision of this Agreement is or becomes invalid or non-binding, the parties shall nonetheless remain bound by all other provisions of this Agreement. In that event, the parties shall replace the invalid or non-binding provision with provisions that are valid and binding and that have, to the greatest extent possible, a similar effect as the invalid or non-binding provision, given the contents and purpose of this Agreement. You agree that this Agreement and all incorporated agreements, amendments, addendums etc may be automatically assigned by BookARide, in our sole discretion by providing notice to you. Except as explicitly stated otherwise, any notices to BookARide shall be given by certified mail. Any notices to you shall be provided to you through the BookARide Platform or given to you via the email address or physical address you provide to BookARide during the registration process. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. The words “include”, “includes” and “including” are deemed to be followed by the words “without limitation”. A party’s failure to act with respect to a breach by the other party does not constitute a waiver of the party’s right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between you and BookARide with respect to the subject matter hereof and supersedes all previous understandings and agreements between the parties, whether oral or written.