SimRide - multimodal ride hailing app



These Terms of Service are a legally binding agreement (the "Agreement") between you and SimRide Technologies., its parents, subsidiaries, representatives, affiliates, officers, and directors (collectively, "SimRide," "we," "us," or "our") that govern your use of the SimRide application (the "SimRide App"), website, and technology platform (collectively, the "SimRide"). By entering into this Agreement and/or using or accessing the SimRide Platform, you expressly acknowledge that you understand and accept all the terms of this Agreement. YOU MAY NOT USE OR ACCESS THE SIMRIDE PLATFORM OR ANY OF THE SERVICES PROVIDED THROUGH THE SIMRIDE PLATFORM IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. If you use the SimRide Platform in another country, you agree to be bound by the terms of service in that country. GENERAL This Agreement shall be governed by Ghanaian law, without respect to principles of choice of law If any provision of this Agreement is or becomes invalid or unenforceable, the parties will still be bound by the remaining parts of this Agreement. In that case, given the contents and purpose of this Agreement, the parties shall replace the invalid or non-binding provision with provisions that are valid and binding and have, to the maximum degree practicable, the same impact as the invalid or non-binding provision. You agree that SimRide may automatically amend this Agreement and all integrated agreements in our sole discretion by providing you with notice. Any communications to you will be delivered to you via the SimRide Platform or to the email, phone number or physical address you provide to SimRide during the registration process. Headings are provided for convenience only and do not define, limit, construe, or characterize the scope or extent of the section. The terms "includes," and "including" are assumed to be followed by the phrase "without limitation." A party's failure to act in response to another party's breach does not constitute a surrender of the party's right to act in response to subsequent or similar breaches. This Agreement contains the parties' full understanding and agreement with respect to the subject matter hereof, and replaces all previous understandings and agreements, whether oral or written. If you have any questions regarding the SimRide Platform or Rideshare Services, please contact us through our email: MODIFICATION TO THIS AGREEMENT SimRide reserves the right to change the terms and conditions of this Agreement at any time, and such changes will be binding on you only if you accept the modified Agreement. SimRide reserves the right to change any information on pages referenced in hyperlinks from this Agreement at any time, and such changes will be effective upon posting. Continued use of the SimRide Platform or Rideshare Services following any such changes constitutes your agreement to such changes. Unless the arbitration provisions in this Agreement are materially changed, you agree that any modification to this Agreement does not create a new opportunity to opt out of arbitration (if applicable). WHO CAN USE SIMRIDE? Individuals who have the right and authority to enter into this Agreement and are fully capable and competent to satisfy the terms, conditions, and obligations set forth herein may use the SimRide Platform. Users who have had their User account temporarily or permanently deactivated are not able to access the SimRide Platform. You may not authorize others to use your User account, and you agree that you are the only authorized user of your account. Each User must create a User account in order to use the SimRide Platform. SimRide reserves the right to deactivate any additional or duplicate accounts. Participation in specific SimRide programs and use of specific SimRide products or services may be subject to additional eligibility requirements as determined by SimRide. You represent and warrant that you are at least 18 years old by becoming a User. COST As a Rider, you acknowledge that your request for or use of Rideshare Services may result in charges to you ("Charges"). Fares and other applicable fees will be the cumulative fees on all ride types selected. Pricing may vary depending on the type of service you request (e.g., bus, taxi etc). You are responsible for reviewing the price or quote within the SimRide App and are liable for all Charges incurred under your User account, regardless of whether you are aware of such Charges or their amounts. Fees and Other Charges Service Charge: For each ride, you may be charged a "Service Fee" as specified in the SimRide App. The Rush Hour(s): You acknowledge that Charges may increase significantly at certain times, including times of high demand for Rideshare Services ("Prime Time"). Cancellation Charge: After requesting a ride, you can cancel it through the SimRide App, but please keep in mind that there may be a cancellation fee in some cases. If you do not show up after requesting a ride, you may be charged. Repeatedly not showing up after requesting rides may result in suspension of your account Damage Charge: If a Driver reports that you have materially damaged the Driver's vehicle, you agree to pay a "Damage Fee," which will be determined on an individual basis. Tips: Following a ride, you have the option of tipping your driver in cash, entirely at your discretion No Refunds. All Charges are non-refundable. This no-refund policy shall apply at all times regardless of your decision to terminate usage of the SimRide Platform, any disruption to the SimRide Platform or Rideshare Services, or any other reason whatsoever. PROHIBITED ACTIVITIES You agree that in connection with your use of the SimRide Platform and participation in the Rideshare Services, you will not: Modify, adapt, translate, reverse engineer, decipher, decompile, or otherwise disassemble any portion of the SimRide Platform; rent, lease, lend, sell, redistribute, license, or sublicense access to any portion of the SimRide Platform. Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, scrape, "data mine," or otherwise replicate or circumvent the navigational structure or presentation of the SimRide Platform or its contents. Include a direct or indirect link to any other website. Sell or transfer your user account, password, and/or identification, or any other User's Information to a third party. Discriminate against or harass anyone because of their race, national origin, religion, gender, or gender identity. Impersonate any person or entity Stalk, threaten, or harass any person, or carry any weapons Violate any law, statute, rule, permit, ordinance, or regulation Interfere with or disrupt the SimRide Platform or the servers or networks connected to the SimRide Platform Post information or interact on the SimRide Platform or Rideshare Services in a fraudulent, libelous, abusive (including sexually), obscene, or profane manner. Post, email, or otherwise transmit any malicious code, files, or programs intended to disrupt, damage, destroy, or limit the functionality of the SimRide Platform or any computer software or hardware or telecommunications equipment, or to intercept or expropriate any system, data, or personal information Forge headers or otherwise manipulate identifiers to conceal the origin of any information transmitted via the SimRide Platform "Frame" or "mirror" any part of the SimRide Platform without our prior written consent, or use meta tags, code, or other devices containing any reference to us to direct any person to any other website for any purpose DRIVER REPRESENTATIONS, WARRANTIES AND AGREEMENTS By providing Rideshare Services on the SimRide Platform as a Driver, you represent, warrant, and agree that You will only provide Rideshare Services in vehicles that have been reported to and approved by SimRide, and for which supporting documentation has been provided to SimRide, and you will not transport more passengers than can securely be seated in such a vehicle. You have a valid driver's license, are authorized and medically fit to operate a motor vehicle, and have all necessary licenses, approvals, and authority to transport Riders in all jurisdictions where you operate Ride-Hailing Services You will not drive recklessly, drive unsafely, operate a vehicle that is unsafe to drive, allow an unauthorized third party to accompany you in the vehicle while providing Rideshare Services, provide Services as a Driver while under the influence of alcohol or drugs, or take any other action that endangers or threatens the safety of the SimRide community or third parties. You will not attempt to defraud SimRide or Riders on the SimRide Platform in the course of providing Rideshare Services. If you are suspected of engaging in fraudulent activity, we may withhold applicable Fares or other payments for the ride(s) in question and take any other legal action against you. You agree that we may obtain information about you, including your criminal and driving records, and you agree to provide any additional authorizations required to facilitate our access to such records during the term of the Agreement. INTELLECTUAL PROPERTY SimRide shall control all intellectual property rights on the SimRide Platform in their totality and in their entirety. These rights include database rights, copyright, design rights (registered or unregistered), trademarks (registered or unregistered), and other similar rights wherever in the world, as well as the right to request for protection of the same. All other trademarks, logos, service marks, company names, and product names displayed on the SimRide Platform are the property of their respective owners. You understand and agree that any questions, comments, suggestions, ideas, feedback, or other information given by you to us ("Submissions") are non-confidential and will become the exclusive property of SimRide. SimRide shall own all intellectual property rights and shall be allowed to unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or remuneration to you. You acknowledge that SimRide is the owner and licensor of the SimRide Marks, including any associated goodwill, and that your use of the SimRide logo (or any SimRide Marks) confers no interest in or ownership of the SimRide Marks on you, but rather benefits SimRide. You undertake to use the SimRide logo only in accordance with SimRide's Brand Guidelines, as supplied to you and changed from time to time, and to discontinue any usage that SimRide deems nonconforming or otherwise undesirable. You agree not to rent, lease, lend, sell, or otherwise redistribute the SimRide driver app, nor will you manufacture, produce, print, sell, distribute, purchase, or display counterfeit/inauthentic SimRide driver apps or SimRide Marks (including but not limited to signage, stickers, apparel, or decals) from any source other than SimRide. Violation of any condition of this contract may result in immediate termination of the contract, at SimRide's sole discretion, as well as a takedown request being submitted to the appropriate ISP or social media site. You acknowledge that SimRide owns all rights, titles, and interests in and to such materials upon their creation, including any modifications to the SimRide Marks or derivative works based on the SimRide Marks or SimRide copyrights. DISCLAIMERS We do not guarantee or promise any certain outcomes from the use of the SimRide Platform and/or Rideshare Services, including the ability to supply or receive Rideshare Services at any given location or time. SimRide, for example, has the right to restrict or prohibit access to the SimRide Platform for Rideshare Services in specified geographic locations and/or at specific hours depending on business viability, public health concerns, or changes in law. We expressly disclaim any implied claims of title, merchantability, fitness for a particular purpose, and non-infringement to the fullest extent permissible by law. We make no guarantee that your use of the SimRide Platform or Rideshare Services will be accurate, complete, reliable, current, secure, uninterrupted, always available, or error-free, that any defects in the SimRide Platform will be corrected, or that the SimRide Platform is free of viruses or other harmful components. We disclaim liability and make no promise regarding the connectivity or availability of the SimRide Platform or Rideshare Services. We cannot guarantee that each Rider or Driver is who they say they are. When utilizing the SimRide Platform and Rideshare Services, please exercise common sense, including glancing at the images of the Driver or Rider you have matched with to ensure it is the same person you see in person. Please keep in mind that there are risks in interacting with underage people or people acting under false pretenses, and we accept no responsibility or liability for any material, communication, or other use or access to the SimRide Platform by persons under the age of 18 who violate this Agreement. SimRide is not liable for the actions of any User of the SimRide Platform or Rideshare Services, whether online or offline. You are totally responsible for how you interact with other Users. We do not insure, and are not liable for, personal things left in the car by Drivers or Riders. You are solely responsible for your User account's use, and SimRide expressly disclaims any liability arising from unlawful use of your User account. You undertake to tell us immediately if you feel that an unauthorized party is accessing your User account or if you suspect any other breach of security. The SimRide Platform provides location data for basic location purposes only and is not intended to be relied on in situations requiring precise location information or where erroneous, inaccurate, or incomplete location data may result in death, personal injury, property damage, or environmental damage. Neither SimRide nor its content providers guarantee the availability, accuracy, completeness, dependability, or timeliness of location data monitored or displayed by the SimRide Platform. Any Information you upload, provide, or post on the SimRide Platform, including geolocation data, may be accessible to SimRide and certain SimRide Platform Users. SimRide shall not be in breach of this Agreement or liable for failure or delay in performing obligations under this Agreement if such failure or delay is caused by events, circumstances, or causes beyond its reasonable control, including (without limitation) natural disasters or 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. All service dates affected by force majeure under this Agreement will be tolled for the duration of the force majeure. When possible, the parties undertake to reschedule the relevant duties as soon as possible after the force majeure condition ceases to exist. INDEMNITY You agree to defend, indemnify, and hold SimRide, our affiliates, subcontractors, parents, successors and assigns, and each of our respective officers, directors, employees, agents, or shareholders harmless from and against any assertions, actions, suits, damages, costs, liabilities, and expenditure (including reasonable attorneys' fees) relating to or arising out of your use of the SimRide Platform and involvement in the Rideshare Services, including: your violation of the terms of this Agreement or the documents it incorporates by reference ownership, usage, or operation of a motor vehicle or passenger vehicle, including providing Rideshare Services as a Driver Any claim that any contents you submit to us or transmit through the SimRide Platform or to us infringe or otherwise violate any third party's copyright, trademark, trade secret, or other intellectual property or other rights Any breach of any law or the rights of a third party as a result of your interaction with such third party, including Drivers, Riders, other motorists, and pedestrians Any other activity related to the Rideshare Services. This indemnity shall apply regardless of any party's negligence, including any indemnified person. LIMITATION OF DISCLAIMERS IN NO EVENT WILL SIMRIDE, INCLUDING OUR SUBSIDIARIES, AFFILIATES, SUCCESSORS, PARENTS, AND ASSIGNS, AND EACH OF OUR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, OR SHAREHOLDERS (COLLECTIVELY “SIMRIDE” FOR PURPOSES OF THIS SECTION), BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING DAMAGES FOR DELETION, CORRUPTION, LOSS OF DATA, LOSS OF PROGRAMS, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY THE SIMRIDE PLATFORM, SERVICE INTERRUPTIONS, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES) ARISING OUT OF OR IN CONNECTION WITH THE SIMRIDE 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. YOU MAY USE THE SIMRIDE PLATFORM TO REQUEST AND SCHEDULE TRANSPORTATION, GOODS, OR OTHER SERVICES FROM THIRD-PARTY PROVIDERS, BUT YOU AGREE THAT SIMRIDE 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 STATED IN THIS AGREEMENT. EXCLUSION OR LIMITATION OF CERTAIN DAMAGES MAY BE PROHIBITED IN SOME JURISDICTIONS. SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU IF THESE LAWS APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. TERM AND TERMINATION This Agreement becomes effective upon your acceptance of it. This Agreement may be terminated: a) without cause by User upon seven (7) days' advance written notice to SimRide; or b) immediately and without notice by either Party upon the other Party's material breach of this Agreement. Furthermore, SimRide reserves the right to immediately terminate this Agreement or deactivate your User account if any of the following events occur: (1) you no longer qualify to provide Rideshare Services or operate the approved vehicle under applicable law, rule, permit, ordinance, or regulation; (2) you fall below SimRide's star rating or cancellation threshold; and (3) SimRide believes in good faith that such action is necessary to protect the safety of the SimRide community or third parties, provided that in the event of a deactivation pursuant to (1)-(2) above, you will be given notice of the potential or actual deactivation. DISPUTE RESOLUTION AND ARBITRATION AGREEMENT You and SimRide's agreement to a binding arbitration. YOU AND SIMRIDE AGREE TO WAIVE OUR RESPECTIVE RIGHTS TO DISPUTES RESOLUTION IN COURT OF LAW BY A JUDGE OR JURY AND TO RESOLVE ANY DISPUTE BY ARBITRATION. CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT ALLOWED UNDER THIS AGREEMENT. Unless otherwise stated, this Arbitration Agreement applies to all Claims (defined below) between you and SimRide, including our affiliates, subsidiaries, parents, successors, and assigns, and each of our respective officers, directors, employees, agents, or shareholders. This Arbitration Agreement also applies to claims between you and SimRide's service providers, such as background check providers and payment processors, and such service providers are considered intended third-party beneficiaries of this Arbitration Agreement. YOU UNDERSTAND THAT BY AGREEING TO ARBITRATION, YOU AND SIMRIDE ARE WAIVING THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL FOR ALL CLAIMS, EXCEPT AS EXPRESSLY PROVIDED IN THIS ARBITRATION AGREEMENT. This Arbitration Agreement is designed to require arbitration of any claim or dispute that can lawfully be arbitrated, except those claims and disputes expressly excluded from the duty to arbitrate by the terms of this Arbitration Agreement. The arbitrator has no authority to consider or determine any Claim or to grant any relief other than on an individual basis. The arbitrator has no authority to consider or resolve any Claim, or to grant any relief on a class, collective, or representative basis. The arbitrator may only grant declaratory or injunctive relief in favor of the particular party requesting relief, and only to the amount required to provide relief merited by that party's unique claims. Regardless of any other term of this Agreement, the Arbitration Agreement, or the Ghana Arbitration Rules, issues about the interpretation, applicability, or enforceability of the Class Action Waiver may only be addressed by a court, not an arbitrator. If: (1) the dispute is filed as a class, collective, or representative action, and (2) a final judicial determination is made that the Class Action Waiver is unenforceable with respect to any Claim or any particular remedy for a Claim (such as a request for public injunctive relief), then that Claim or particular remedy (and only that Claim or particular remedy) shall be severed from any remaining claims and/or remedies and may be brought in a court of competent jurisdiction. Exceptions to Arbitration This Arbitration Agreement shall not require arbitration of the following types of claims: Small claims cases brought on an individual basis that fall within the jurisdiction of such a small claims court. Individual accusations of sexual assault or harassment arising from use of the SimRide Platform or Rideshare Services. SimRide will not require arbitration of these disputes if they are brought in a court of competent jurisdiction. SimRide's agreement not to demand arbitration of certain claims does not preclude any other provision of this Arbitration Agreement from being enforced. Nothing in this Arbitration Agreement is intended to prevent or excuse a party from filing an administrative claim with any agency in order to fulfill the party's responsibility to exhaust administrative remedies before filing a claim in arbitration. However, if you file an administrative claim, you may only seek or recover monetary damages under this Arbitration Provision. Nothing in this Agreement or the Arbitration Agreement stops you from participating in a government agency investigation of any report, claim, or charge otherwise covered by this Arbitration Provision. CONFIDENTIALITY You agree not to use any technical, financial, strategic, or other proprietary and confidential information relating to SimRide's business, operations, and properties, or information about a User made available to you in connection with such User's use of the Platform, including the User's name, pick-up location, contact information, and photo ("Confidential Information") disclosed to you by SimRide for your own use or for any purpose other than as contemplated herein. You agree not to divulge or facilitate the disclosure of any Confidential Information to third parties, and you agree not to keep any User Information collected from the SimRide Platform separately and outside of the SimRide Platform. You recognize that some of the Rider or Driver Information you receive may be protected by data protection regulations. You realize that any violation of the confidentiality terms of the Agreement may violate confidentiality laws and result in civil or criminal penalties against you. You promise to take all reasonable steps to safeguard the confidentiality of SimRide Confidential Information and to avoid disclosing or using it in order to keep it out of the public domain. RELATIONSHIP WITH SIMRIDE AS A DRIVER As a Driver on the SimRide Platform, you understand and accept that you and SimRide have a direct commercial connection, and that the parties' relationship under this Agreement is entirely that of independent contracting parties. You and SimRide expressly agree that (1) this is not an employment agreement and does not form an employment connection between you and SimRide; and (2) this Agreement does not intend or create a joint venture, franchisor-franchisee, partnership, or agency relationship. You do not have the ability to bind SimRide, and you agree not to represent yourself as an employee, agent, or authorized representative of SimRide. SimRide does not, and shall not be construed to, direct or control you in general or in your performance under this Agreement in particular, including in connection with your supply of Rideshare Services, your conduct or omissions, or your vehicle operation and maintenance. You have complete control over when, where, and for how long you use the SimRide Platform. SimRide does not arbitrarily prescribe specific dates, times of day, or any minimum number of hours for you to use the SimRide Platform, and shall not be assumed to do so. You can accept, refuse, or ignore a Rider's request for Rideshare Services via the SimRide Platform, or you can cancel an approved request for Rideshare Services using the SimRide Platform. SimRide does not and will not be interpreted to force you to accept any specific request for Rideshare Services as a condition of continuing to use the platform. SimRide shall have no right to require you to: (a) display SimRide's names, logos, or colors on your vehicle(s); or (b) wear a uniform or any other clothing showing SimRide's names, logos, or colors, with the exception of any signs required by law or permit/license restrictions or requirements. You understand and agree that you have entire discretion to provide Rideshare Services or engage in any other business or employment activities, including but not limited to supplying Rideshare Services to other firms, and that SimRide does not, and shall not be deemed to, restrict you from partaking in any such activity. PRIVACY POLICY ↗