Passengers Terms and Conditions
These terms and conditions will govern all issues that may possibly arise from your access to www.mobride.com or use of any application, content, product, or service to book a driver, chauffeur, ride or transportation service (the Services) being made available on this website or the websites of its partners, subsidiaries, and affiliates (collectively MobRide). Please carefully read and review these terms and conditions before using the Services being offered by MobRide. If you don’t agree with these terms and conditions, you may not use this website.
Definitions
Unless otherwise defined in your agreement with MobRide, the terms should have meanings as set forth herein for the purpose of this agreement:
Passengers: the term Passenger shall denote any individual who registers on the website and uses its Apps or other services to book a ride, arrange a driver/chauffeur, request ride-sharing, or other on-demand transportation services being offered by MobRide.
Drivers: the term Drivers shall denote any individual or business entity who registers on the website and uses its Apps or other services to offer their services as drivers, chauffeurs, couriers, partner transportation companies or any kinds of on-demand transportation services through MobRide platform.
MobRide Platform: the term MobRide platform shall denote MobRide websites, applications, social media, or other technologies that are designed to arrange and schedule transportation and/or logistic services being offered by MobRide or third party service providers.
Service Description
The website www.mobride.com is being owned and operated by MobRide (referred as we, our, us). MobRide app offers a listing service for Drivers and enables the Passengers to receive GPS information about the Drivers who are available for booking.
Subject to these terms and conditions, MobRide may provide a referral service on payment of certain fees and grant you a limited, revocable, non-exclusive, non-sublicensable, and non-transferrable license to use its App for receiving timely information about drivers who may serve you.
The Drivers will be referred on First come – First serve basis, but they may not be available during the peak hours. All bookings shall be subject to availability of Drivers and confirmation by MobRide.
MobRide reserves a discretionary right to determine the process and procedures of using the Services.
Agreement
All Passengers who want to use MobRide platform for booking a ride, arranging a driver/chauffeur, requesting ride-sharing, or other on-demand transportation services shall enter a binding agreement with MobRide. Clicking I Agree or related syntaxes, buttons or links on any part of this website or the interface of your device shall be deemed as your digital signature to bind you to these terms and conditions.
When you enter this agreement, it shall be deemed that you are at least 18 years old and otherwise qualified to enter a binding agreement, and if you are not, accessing the Services under the supervision and guidance of your legal guardians who shall enter this agreement on your behalf. However, minors of less than 13 years of age are not allowed to use the App/website.
Registration/Subscription
Unless otherwise mentioned in this agreement, only registered/subscribed Passengers shall be allowed to use the App/Services for booking a ride or other on-demand transportation services. You may arrange a designated chauffeur by signing a Waiver, but any such process, whether completed over the phone or otherwise, shall not be deemed as completing the registration process. Registration/subscription process shall be completed by submitting the Sign-Up form on the App/website.
Registered Passengers shall be responsible for maintaining the security of their login information and liable for all activities that may take place under their account. If you suspect any security breach or unauthorized activity under your account, make sure to promptly notify us for preventing or minimizing your liabilities from such unauthorized use of your credentials. MobRide will not be liable for any loss or liabilities that may result from your failure to follow standard safety guidelines.
When creating an account on the App/website, you may be required to share your personal information. Your account information will be handled according to our Privacy Policy for Passengers which shall be a part of this agreement.
As a registered user on MobRide, you shall be liable to ensure that your acts and omissions don’t prevent other Passengers or Drivers from effectively using any feature or service on MobRide platform. You shall comply with applicable rules in your jurisdiction and refrain from all activities that may infringe others rights, including their copyrights and right to privacy or publicity.
Please acknowledge that MobRide may monitor your activities on the App/website, but shall have no obligation to do so. The App/website may contain scripts and other security components to record, preserve, and protect data related to your use of the Services. Using the App or MobRide platform shall be deemed as your consent that you will not do anything to circumvent these security protocols, including but not limited to scripts and usage rules embodied in the App. If you have any privacy concerns, please refer to our Privacy Policy for Passengers to understand how we protect your privacy on MobRide.
If we believe or become aware at any point that you have violated this agreement, we may suspend or terminate your account and take any proactive measure to disclose any record, communication, profile data, or related content to relevant authorities / third partiesin our sole discretion and without any prior notice of such restrictions or disclosure of your information.
Passengers Conduct
Payment and Fees
MobRide reserve a right to charge a subscription and/or referral fee for licensing its App and providing timely information about available Drivers near your location who are willing to provide their designated services. Please acknowledge that your registration on this website is intended for business transactions. All prices on MobRide platform will be quoted in U.S. dollars.
Please acknowledge that MobRide is not a party to your business relationship/transactions with the Third Party Service Providers. MobRide will only facilitate you for booking and paying applicable charges after receiving the Services from such third parties (Charges). Although acting as limited payment collection agent of such third parties, it shall be deemed that you have directly paid to such third parties for using their services.
All fees and charges will be inclusive of the applicable taxes, but you shall be liable to pay additional expenses, including but not limited to tolls, duties, and parking tickets incurred by the Drivers in relation to your booked service. Unless otherwise determined by MobRide, all Charges paid by you shall be final and non-refundable.
You shall be entitled to negotiate with the third party service providers and ask for lower charges from such Drivers. If they consent and lower their prices, MobRide will reduce the Charges accordingly.
Once a booked service is delivered successfully, all charges will become due immediately upon completion of the service and your primary payment instrument designated in your account will be charged accordingly. If your primary payment instrument has expired or become invalid due to any reasons, MobRide will attempt to charge your secondary payment instrument registered in your account. We will send a receipt to your registered email address.
If your payment instruments are invalid or not available due to any reasons, we may suspend your account without any further notice and prevent you from using the Services until your obligations are discharged and a valid payment instrument is added to your account. You shall be liable to pay all your pending financial obligations under this agreement.
MobRide reserves a discretionary right to determine, remove, or revise any or all charges that may be applicable to your use of the Services on/through MobRide platform. Please acknowledge that Charges may be substantially high in your location during the peak hours. MobRide will take reasonable efforts to inform you about such changes in the Charges, but you shall be liable to pay all Charges for using the Services regardless of your awareness about changed price of any service.
MobRide may offer discounts and promotional services resulting in different Charges for the similar services that may be obtained on/through MobRide platform. Unless such discounts and promotional offers are applicable to your bookings, you shall have no claim for lower Charges.
You shall be entitled to cancel a booked service at any time before the arrival of therespective service provider. Canceling a confirmed order after the arrival of Drivers will result in a minimum cancellation fee of $50.
The quoted price of a service on MobRide network is supposed to fully compensate the Drivers for their services. Except taxicab transportation services that may be booked through the App, we don’t designate any portion of the Charges as a tip or gratuity to the Drivers. Any representation that tipping is ‘Voluntary’ or ‘Not Required’(anywhere on the MobRide platform) should not be deemed as a promise or declaration that Drivers will receive additional amounts than what they are eligible as per the quoted price. While you are free to give any amount as atip to the Drivers, we are under no obligation to transfer that amount to them.
After successful completion of a booked service, you should have the option to leave your rating on the Driver’s profile and share your experience about the rendered service.
Repair and Cleaning Fees
Except normal wear and tear that can be expected, you shall be liable for all repair cost or cleaning charges that may result from your use of the Driver’s vehicles. If the Driver claims any repair or cleaning charges and the claim is verified by MobRide, you shall be liable to pay for a reasonable cost of such repair and cleaning charges, as determined by MobRide in its sole discretion, and charged accordingly. Any such repair and cleaning charges shall be non-refundable and transferred to the Drivers in full.
Restrictions
You are not allowed to directly enter a contractual relationship with any Driver registered/listed on MobRide platform. All service requests and transactions with the Drivers shall take place through our App, website, or phone calls to support executives. You should acknowledge and consent that calling Drivers for receiving similar services being offered on the website or directly engaging any Driver you obtain knowledge of through MobRide platform shall be deemed as a material breach of this agreement and disqualify you from receiving any protection or remedies under this agreement or applicable laws.
If we become aware at any point that you have a direct contractual relationship with any Driver registered on MobRide platform or violated any provision of this agreement, we may suspend/terminate your account to prevent any further use of the Servicesin our sole discretion, and initiate necessary remedies to recover damages for such violations including but not limited to legal and administrative expenses, lost profits, and other costs due to enforcing this provision.
Copyrights, Trademarks, and Intellectual Property
This website, its content, and presentation, including but not limited to the texts, images, graphics, design, scripts, software applications, sound or video recordings, page headers, logos, buttons, icons, trademarks, service marks, or any other material being made available by MobRide and involved copyrights, trademarks, patents, intellectual property, or proprietary rights (collectively the Content) is fully owned or licensed to MobRide. The Content and its compilation on this website are the exclusive property of MobRide or its collaborating partners, fully protected under the U.S. copyright and trademark laws and relevant international conventions. Copyrights @ 2016 MobRide. All rights reserved.
You may access, download or print the Content for personal and non-commercial use in relation to the Services being offered on this website, but nothing in this agreement shall grant you any rights,by implication, estoppel, or otherwise, to edit, copy, reproduce, transfer or redistribute the accessed / downloaded content for selling, leasing, republishing, creating derivative work or exploiting it in any manner or media without obtaining a prior consent from MobRide and/or the respective copyright owner.
You are not allowed to alter the sequences of any presentation, description, pictures, videos or illustrations in the accessed / downloaded content, or remove the copyrights, trademarks and relevant proprietary rights notice from such content. You should always respect the proprietary rights of the collaborating service providers, including their copyrights, trademarks, service marks and intellectual property.
You shall never use the Content in relation to any service/information that is not being provided by MobRide or do anything that disparages MobRide platform or causes confusion among the existing/potential clients. Your limited right to access, download, or print the Content shall cease upon the termination of this agreement.
Changes in the Services
MobRide reserves a discretionary right to modify, add, remove, suspend or discontinue any feature/service being offered or made available on the MobRide platform, including but not limited to third party content, service information, and/or availability of any feature or aspect of the Service on the website.
Liability Coverage
MobRide will maintain a reasonable automobile liability and collision insurance cover, as determined by it, to provide liability coverage for damages in the event of any accident during the ride caused by the referred Drivers/booked transportation. Please acknowledge and consent that you or the respective Driver shall be personally liable for all damages that may not be covered by our, your, or the Driver’s automobile liability and collision insurance. MobRide will consider such claims only when you submit an official police report that the accident occurred due to the Driver’s fault. For more information regarding terms and procedures for claiming damages, please refer to the section Procedures in case of accidents or injury.
In order to use the Services being offered on MobRide platform, the Passengers shall maintain and carry proof of at least minimum motor vehicle insurance coverage that may be applicable in their jurisdiction (Policy). However, you may maintain a more comprehensive Policy to cover the risk of any damage or loss that occurs during your use of the Services but cannot be attributed to a fault of the Driver. In case you hire a driver/chauffeur through MobRide platform, you must have sufficient insurance cover of the vehicle that you plan to be transported. For more information, please refer the Car Ownership section.
It shall have a proof of your Policy and make it available to the Driver before receiving any transportation services. If you don’t have an effective insurance cover due to lapse, cancellation, or your failure to purchase a Policy, it shall be your obligation to immediately notify us.
Car Ownership
In case you hire a referred driver/chauffeur, you are supposed to own the vehicle that has to be transported, and if you don’t, you shall notify us immediately. Your failure to notify us about the car ownership shall be deemed as a material breach of this agreement.
The vehicle owners shall provide a complete Waiver, whether written or verbal over the phone, before receiving any driving/chauffeur services. If the required waiver is not provided at least two hours prior to your scheduled service time, MobRide may cancel a booked service in its sole discretion. If your confirmed booking is canceled due to your failure to provide a waiver at least two hours before scheduled time, you shall be liable to pay a late cancellation fee of $50.
Notwithstanding your previous waivers or representations about your car ownership, if you fail to provide any kind of waiver regarding your car ownership and use MobRide platform to book any driving or chauffeur service, it shall be deemed as your representation and warrant that you are the legal owner of the vehicle and planning to transport the vehicle for lawful purposes.
In case you receive any service without providing a waiver regarding your vehicle ownership, it shall never discharge you from your indemnifications or other obligations under this agreement.
If you are using a rented vehicle, you shall represent and warrant that you have purchased sufficient insurance cover during the duration of such rentals.
Independent Contractors
MobRide shall never be a party to your business relationship with the Drivers who shall be independent contractors. Please acknowledge that we are providing only listing and referring services to the Passengers and Drivers on MobRide platform. Nothing on this website shall create or deemed as any kind of partnership, franchise, agent-principal, or employer-employee relationship between MobRide and the Drivers.
However, the Drivers are not authorized to represent MobRide as its agent or legal representatives. They are contractually bound and cannot commit or enter any agreement to provide services beyond those being offered on MobRide platform.
Indemnification
You shall indemnify, defend and hold MobRide, its partners, subsidiaries, and service providers, and each of their directors, executives, employees, agents and representatives harmless, waiving them from all damages, losses, claims, allegations, lawsuits, or other proceedings or causes of action, including but not limited to costs, awards, settlements, attorney fees, and other expenses that may arise due to:
These indemnities shall survive any termination of this agreement. MobRide shall be entitled to assume the exclusive defense of any subject matter under your indemnification and demand full reimbursement of expenses incurred in asserting available defenses against the claims or rectifying the damages. If MobRide submits any claim to its insurance carrier on your behalf, it shall never constitute a waiver of its rights under this section.
Procedures in case of accidents or injury
It shall be your responsibility to report all incidents of accident, injury, or violations of this agreement or applicable laws. Such reports shall be made in writing to info@mobride.comand provide a detailed description of events or violations, including time, place, and alleged damages.
Once you notify an incident, MobRide will take reasonable efforts to help you and provide necessary information to contact the local assistance and the Driver’s insurance carrier. It shall be your responsibility to pursue any claim with your or the Driver’s insurance carrier. If your and the Driver’s insurance is not sufficient to cover the liabilities, you may a claim under our corporate insurance policy.
All claims under our automobile liability and collision insurance cover shall carry an official report that the accident occurred due to the Driver’s fault. In other cases, all remedy lies in your Policy and the Drivers insurance cover. MobRide maintains a corporate insurance to provide a second layer of protection against unforeseen accidents when your Policy/Driver’s insurance is not sufficient to discharge your liabilities. MobRide reserves a right to pursue such claims on acase by case basis and decide at any time not to pursue any claim in its sole discretion.
You shall consent to fully cooperate in investigations of any such incident reported by you, your Driver, or other third parties, or lawsuits, arbitrations, and legal remedies that may our rights or interests under this agreement. This cooperation shall include the release of all relevant information, including but not limited to insurance, medical, law enforcement, or other records involving accidents, injury, and violation of this agreement or applicable laws.
Disclaimer of warranties
MobRide disclaims all warranties and representation to the maximum extent permissible under the laws. Nothing on the website shall create any kinds of implied warranty, condition, duty, or obligation at the common law or otherwise unless such warranties and conditions have not been specifically mentioned in this agreement.
We don’t make any kinds of warranty or representation that MobRide platform, or any content, information, product, or service being made available on/through it will meet your expectations.Nothing on this website including the oral or written communication by customer support executives shall create any kinds of express or implied warranty regarding availability, reliability, authenticity, merchantability, satisfactory quality, fitness or suitability of the Services as per your expectations/requirements, or non-infringement of rights in relation to such content, information, products, or services being offered on/through MobRide platform.
You should acknowledge that all content, information, product or services and related views, reviews, advice, suggestion, or recommendations are being provided on theas-is and as-available basis.We disclaim all warranties, whether express or implied, of accuracy, adequacy, reliability, or completeness of any information or service description. You shall bear all the risks that may be involved in using the Services on/through MobRide platform.
Nothing on this website shall create any kinds of warranty or representation that the Services will be free from errors, omissions, viruses, infringements, or interruptions, and any such occurrence will be restored immediately or promptly.
We don’t warrant that the Services will be available all the times. MobRide shall not be liable for any temporary or permanent disruption, suspension or termination of the Services due to technical limitations, unforeseen circumstances, or changes in the Services itself. The Services may be temporarily suspended for maintenance, restoration, or introduction of new features/services.
Limitation of Liabilities
MobRide or any other party involved in creating, hosting, maintaining, producing or serving MobRide platform shall not be liable for any direct, indirect, incidental, consequential, punitive or special loss or damages, including but not limited to financial loss, low profits, cost saving, loss of credibility, business, goodwill, peace of mind or other intangible losses that may arise (1) in relation to any application, product, service, service description, or other content/resources being made available on the website, (2) your ability or inability to use the transportation services, exclusive deals, promotional offers, or any other aspects of the Service being offered on the website, (3) any kind of injury to person or property and resulting liabilities, (4) escalated cost of buying substitute transportation services, (5) unauthorized access to your account and/or misuse of your personal information, (6) any kind of non-performance due to unforeseen circumstances, mistakes, errors and omissions, corruption of files or data, deletion of emails, viruses, or other interruptions, (7) delays in service due to any non-performance of third party service providers, hardware or software failure, network failure, or other circumstances beyond our reasonable control (6) any other matter related to the Services being offered or made available on this website, irrespective of the fact that such losses/liabilities resulted from any misrepresentation, willful negligence, tort, breach of contract and/or statutory responsibilities or otherwise, and the possibility of such damages was already conveyed to MobRide.
If your use of the Services, including but not limited to the products, services, information or any other content on/through MobRide platform or any other linked website results in any kind of loss, equipment failure, or repair/service requirements, you shall assume all responsibilities and bear all the costs involved in loss or repairs.
This limitation of liabilities shall apply to the maximum extent permissible in your jurisdiction. In any case, our entire liabilities whether arising from non-performance, misrepresentation, tort, breach of contract, negligence of statutory duty, restitution or otherwise, shall never exceed the total amount that you paid for transportation services immediately preceding any such event that makes us liable.
This section shall apply to all products, services, or content that is being made available on this website or through MobRide platform.
Dispute Resolution
The parties shall consent to resolve their disputes through mutual negotiations. In the parties are unable to negotiate, the aggrieved party may initiate an arbitration process to be adjudicated in the State of California. The parties shall consent to share the cost of such arbitration. The arbitrator should have no authority to award punitive and consequential damages, including the legal expenses. The parties shall waive their rights to class arbitration, class action, or other representative action or proceedings.
Miscellaneous
This agreement shall be deemed as part of your entire agreement with MobRide and supersedes all prior promises and contracts regarding your use of the services on/through MobRide platform.
MobRide reserves a right to terminate this agreement at any time and in its sole discretion. MobRide shall have no obligation to explain the reasons of any suspension or termination of your account/registration. You can also cancel your subscription at any time by deactivating your account or writing at info@mobride.com.
You are not allowed to modify or change your rights and obligations under this agreement unless such modifications in this agreement are obtained in writing and duly signed by the parties to this agreement.
If MobRide is unable to enforce a strict compliance with this agreement or decide to ignore your non-performance due to specific circumstances, it shall never be deemed as a waiver of its right to demand strict compliance for any subsequent violation of this agreement.
Enforceability
You hereby affirm that you have read this agreement, understand its provisions, and consent to this agreement with asound mind, negating intoxication and waiving all defenses to the enforceability of these terms and conditions.
Changes to this Agreement
MobRide reserves a discretionary right to modify or replace this agreement at any time. If these terms and conditions are changed/modified, we will publish an update notification and inform you by sending a notification at your primary email address registered on the website. Continued access to this website or use of the Services shall be deemed as your consent to accept the modified agreement.